HomeMy WebLinkAboutCouncil 07/13/2009AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
July 13, 2009
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.) When you are recognized by the
Presiding Officer, please walk to the podium and state your name and city of residence for the
record, SPELLING YOUR LAST NAME.
NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot
measure or candidate from the lectern during any portion of the council meeting, and particularly,
during the audience comment portion of the meeting, is PROHIBITED.
5. 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 7/6/2009. Council concur.
b. City Clerk reports bid opening on 6/30/2009 for CAG-09-122, Maplewood Creek and Madsen
Creek Sediment Basin Cleaning Project 2009; 14 bids; engineer's estimate $118,917; and
submits staff recommendation to award the contract to the lowest responsible bidder, Kamins
Construction, in the amount of $71,437.43. Council concur.
c. Community Services Department recommends approval of the 2009 Renton Urban and
Community Forestry Development Plan. Refer to Committee of the Whole.
d. Community Services Department recommends amending RMC 6-6 to allow a specifically
designated off -leash pet area at the NARCO property for a period of approximately two years.
Council concur. (See 7.a. for ordinance.)
e. Fire and Emergency Services Department recommends approval of a Designated Fund
Agreement in the amount of $55,970 with the Renton Community Foundation for donated
funds. Council concur.
f. Legal Services Division recommends amending RMC 3-1 to reflect reorganized City
departments. Council concur. (See 7.b. for ordinance.)
g. Legal Services Division recommends amending RMC 5-12 to update Adult Entertainment
Standards. Refer to Public Safety Committee.
h. Transportation Systems Division recommends approval of a contract in the amount of
$27,931.26 with American Structures & Design, Inc. to replace pedestrian guardrail on Sunset
Blvd. N. over the Houser Way Bypass Tunnel. Council concur.
i. Transportation Systems Division recommends approval of Supplement No. 1 to CAG-08-136,
with URS Corporation, in the amount of $270,370 for additional services for the Runway 16/34
Resurfacing project. Council concur.
j. Utility Systems Division recommends approval of Addendum #7 to CAG-02-134, with King
County Roads Maintenance Division, in the amount of $62,005.94 for the Landsburg Gravel
Supplementation Mitigation project. Council concur.
(CONTINUED ON REVERSE SIDE)
6. 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 topic may be held by
the Chair if further review is necessary.
a. Finance Committee: Bad Debt Write-off; SCORE Short -Term Loan Agreement
b. Transportation (Aviation) Committee: 2009 Airport Layout Plan Update
7. RESOLUTIONS AND ORDINANCES
Ordinances for first reading:
a. Designate off -leash pet area (See 5.d.)
b. Reorganize City departments (See 5.f.)
Ordinances for second and final reading:
a. Title IV (Development Regulations) Docket #D-02, Indoor Recreation Use (1st reading 7/6/2009)
b. Title IV (Development Regulations) Docket #D-04, Commercial Setback Modifications/Site Plan
Review (1st reading 7/6/2009)
c. Title IV (Development Regulations) Docket #D-08, Stream Reclassifications (1st reading
7/6/2009)
d. Title IV (Development Regulations) Docket #D-11, Live -Work Units (1st reading 7/6/2009)
e. Title IV (Development Regulations) Docket #D-12, Animal Regulation Modifications (1st reading
7/6/2009)
f. Title IV (Development Regulations) Docket #D-14, Temporary Uses (1st reading 7/6/2009)
g. Title IV (Development Regulations) Docket #D-21, Down Lighting (1st reading 7/6/2009)
h. Title IV (Development Regulations) Docket #D-23, Detached Accessory Dwelling Units (1st
reading 7/6/2009)
i. Title IV (Development Regulations) Docket #D-24, Bulk and Density Standards and Definitions
(1st reading 7/6/2009)
8. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
9. AUDIENCE COMMENT
10. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
July 13, 2009
Monday, 5:30 p.m.
1-405 Improvements Update;
Emerging Issues in Transportation;
Regional Issues
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 AND ARE RE-CABLECAST
TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
For Agenda of:
Dept/Div/Board.. AJLS/City Clerk
July 13, 2009
Agenda Status
Staff Contact...... Bonnie Walton
Consent ..............
Public Hearing..
Subject:
Bid opening on June 30, 2009, for CAG-09-122,
Correspondence..
Maplewood Creek and Madsen Creek Sediment Basin
Ordinance .............
Cleaning Project 2009
Resolution............
Old Business........
New Business.......
Exhibits:
Staff Recommendation
Study Sessions......
Bid Tabulation Sheet (14 bids)
Information.........
Recommended Action: Approvals:
Legal Dept.........
Council concur Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... $71,437.43 Transfer/Amendment.......
Amount Budgeted....... $ Revenue Generated.........
Total Project Budget $185,000 City Share Total Project..
SUMMARY OF ACTION:
Engineer's Estimate: $118,917
In accordance with Council procedure, bids submitted at the subject bid opening met the
following three criteria: There was more than one bid, the low bid was within the project
budget, and there were no irregularities with the low bid (Kamins Construction). The initial
apparent low bid was withdrawn by RJ Lampers Construction Company due to an error in their
schedule of prices. Therefore, staff recommends acceptance of the new low bid submitted by
Kamins Construction in the amount of $71,437.43.
STAFF RECOMMENDATION:
Accept the low bid submitted by Kamins Construction in the amount of $71,437.43.
13
PUBLIC WORKS DEPARTMENT ® City of
` I .
M E M O R A N D U M
DATE: July 7, 2009
TO: Bonnie Walton, City Clerk
FROM: Ron Straka, Surface Water Utility Engineering Supervisor (ext.
7248)
SUBJECT: Maplewood Creek and Madsen Creek Sediment Basin
Cleaning Project 2009, SWP-27-2057,
Construction Bid Award Recommendation
The bid opening for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning
Project 2009, SWP-27-2057 was held on June 30, 2009, at 3:00 p.m. Fourteen (14)
bids were received. The engineer's estimate for the project construction cost was
$118,917.00.
The apparent low bid for the project is $71,437.43 (including sales tax) from Kamins
Construction. The Surface Water Utility reviewed the low bid for completeness, inclusion of all
required forms, bid bond, acknowledgments of addenda, and mathematical correctness of the
bid. All the paperwork for the new low bid is in order.
The approved Surface Water Utility 2009 Capital Improvements Program (CIP) budget
for the Maplewood Creek Sediment Basin Cleaning is $95,000 (account # 427.
018.5960.0038.63/U65060), and the Madsen Creek Sediment Basin Cleaning is
$90,000 (account # 427. 018.5960.0038.63/U65050), for a total of $185,000 for both
projects. There is currently $167,899 of unencumbered funds in the project budget.
There are sufficient funds in the 2009 Capital Improvements Program (CIP) budget
account to fund construction and staff costs for the Maplewood Creek Sediment Basin
Cleaning and the Madsen Creek Sediment Basin Cleaning.
The low bid meets the following conditions for award:
1. The low bid must be within the total project budget;
2. There must be more than one bidder; and
3. The lowest, responsible, responsive bid contains no significant irregularities.
The Surface Water Utility, therefore, recommends that this item be placed on the July
13, 2009, consent agenda for Council concur. Staff further recommends that Council
award the construction contract to the lowest responsive, responsible bidder, Kamins
Construction, in the amount of $71,437.43.
City Clerk\Bid Award Maple - Madsen
Page 2 of 2
July 7, 2009
The Maplewood Creek sediment basin was previously cleaned in September 2008.
The Madsen Creek sediment basin was cleaned in August 2008 by King County. As
part of the 2008 Annexation Ordinance 5373 New Life -Aqua Barn the City of Renton is
now responsible for maintaining the Madsen Creek Basin. Heavy rains in January 2009
filled about 70 percent of each sediment basin with new sediment. The Surface Water
Utility applied for and received a FEMA Disaster Grant for the January 2009 Severe
Winter Storms for each basin. FEMA will reimburse 75 percent of the approved costs,
and the City is responsible for the remaining 25 percent.
Several bidders had errors in their bids. The following bids were checked and revised
by the Surface Water Utility:
The initial low bid for the project was $67,360.95 (including sales tax) from RJ Lampers
Construction Co. However, RJ Lampers had an error in their Schedule of Prices. For one bid
item they had the written words "Nine Thousand Five Hundred Dollars" while the number in
figures was "$19,500.00". The Schedule of Prices states that where a conflict occurs the written
words prevail. When the City corrected the bid amounts using the written words the total
amount for the RJ Lampers bid changed from $67,360.95 to $56,410.95. The Surface Water
Utility contacted RJ Lampers, advised them of the error in the bid, and gave them the choice to
execute the contract at the lower amount of $56,410.95, or to claim that an error was made
and request to withdraw from the bid. On July 1, 2009, RJ Lampers sent the City a letter
acknowledging the error in the bid price and requesting to be relieved of all responsibilities for
the bid.
Advanced Construction was changed from $160,057.50 to $165,016.50 due to minor
math errors.
Fed Excavation was changed from $98,010.17 to not valid because they did not write
the unit prices in words in the schedule of prices.
Memo's Construction was changed from $106,762.50 to $4,717,807.50 because they
wrote the total bid prices in the unit price column.
Attached for your reference, is the bid tabulation showing the engineer's estimate, the
low bid, and the other bids submitted. The bid withdraw letter from RJ Lampers
Construction is also attached. I am also returning all the bid envelopes and the bid
documents from the other bidders to you for the City Clerk's files.
Please contact me, or Daniel Carey, ext. 7293, if you have any questions.
Attachments
cc: Gregg Zimmerman, PW Administrator
Deborah Needham, Emergency Management Director
Lys Hornsby, Utility Systems Division Director
Daniel Carey, Surface Water Utility Civil Engineer
h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-2057 maplewood basin\2009 pond
cleaning\]000 corrspd-general\090707 clerk-bid-award-maple-madsen.doc\DCtp
R J LAMPERS CONSTRUCTION CO INC
4532 18011' Pi SE
Snohomish, WA 98290
Phone(360)-794-5966
Fax (360) 794-9786
hkrrranch,cz)wildblue.net
July 1, 2009
City of Renton
Renton City Hall
1055 South Grady Way
Renton, WA 98057
RE: Bid Results for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project
2009
Dear Sir:
It has come to my attention that an error has occurred in the bid proposal that we provided you
yesterday for the above -mentioned project. The bid item #4 on Schedule A was written as nine
thousand five hundred dollars and it should have been written as nineteen thousand five hundred
dollars as the figured amount indicated. The reduction of $10950.00 is too much of a burden to
take on.
We are requesting to be relieved of all responsibilities attached to this bid at this time.
I, the undersigned, being duly sworn deposes and says, that she is the identical person who
submitted the proposal, verifies that an error occurred and that the work sheets attached are the
ones used in preparing the bid.
RI Lampers Construction Co Inc.
Printed Name Be fte A r) ne I CAM ► e i^
Signature'; i a l �,�j!% )J a/DL-
-Title ��>c . 7i f C- S Li'i C
Subscribed and sworn to before me on this sday of 2009.
Project Title Maplewood, Madsen Creek Sed. Basin Cleaning Project
BID DATE: June 30, 2009
Item
No.
Unit
5GHF-DULL A - Maplewood Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re:
Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
8
Vegetation Maintenance Areas
Each
9
Hydroseed
Sq. Ft.
10
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule A
SCHEDULE B - Madsen Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
5
Hydroseed
Sq. Ft.
6
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule B
Total Schedule A
TOTAL SCHEDULE A and B
Da. - /- D7
Daniel Carey, Proj ct Manager
Est.
1
1
1
1
14
3,000
1
1
1
1
1
1,200
1
City of Renton Kamins Construction
stimate I
Engineers E
Unit Bid I Unit Bid
mount Price APrice Amount
7,500.00
7,500.00
6,500.00
6,500.00
40,000.00
40,000.00
3,000.00
3,000.00
250.00
3,500.00
0.50
1,500.00
1,500.00
1,500.00
63,500.00
9.5%
6,032.50
69,532.50
5,000.00
5,000.00
5,500.00
5,500.00
30,000.00
30,000.00
3,000.00
3,000.00
0.50
600.00
1,000.00
1,000.00
45,100.00
9.5%
4,284.50
49,384.50
69,532.50
$118,917.00
4,539.00
4,539.00
1,104.00
1,104.00
21,966.00
21,966.00
1,176.00
1,176.00
276.69
3,873.66
0.24
720.00
1,500.00
1,500.00
34,878.66
3,313.47
38,192.13
4,539.00
4,539.00
1,104.00
1,104.00
21,966.00
21,966.00
1,176.00
1,176.00
0.48
576.00
1,000.00
1,000.0c
30,361.00
2,884.30
33,245.30
38,192.13
TOTAL $71,437.43
090701 FINAL BidTab-SedBasin2009.XIs Page 1
-oject Title Maplewood, Madsen Creek Sed. Basin Cleaning Project
.0 DATE: June 30, 2009
Item
No.
1
2
3
4
8
9
10
1
2
3
4
5
6
Unit Est.
Quant
SCHEDULE A - Maplewood Basin
Mobilization Lump Sum
Construct Bypass Structures, Divert Creek, Re: Lump Sum
Remove, Haul, and Dispose of Sediment Lump Sum
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
Vegetation Maintenance Areas Each
Hydroseed Sq. Ft.
Minor Changes Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule A
SCHEDULE B - Madsen Basin
Mobilization Lump Sum
Construct Bypass Structures, Divert Creek, Re: Lump Sum
Remove, Haul, and Dispose of Sediment Lump Sum
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
Hydroseed Sq. Ft.
Minor Changes Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule B
Total Schedule A
1
1
1
1
14
3,000
1
1
1
1
1
1,200
1
Phoinix Corp Mahnke Constr. & Devlp, LLC
Unit Bid Unit Bid
Price Amount Price Amount
2,000.00
2,000.00
3,500.00
3,500.00
19,981.00
19,981.00
3,500.00
3,500.00
272.00
3,808.00
0.49
1,470.00
1,500.00
1,500.00
35, 759.00
3,397.11
39,156.11
2,000.00
2,000.00
3,500.00
3,500.00
21,511.00
21,511.00
3,500.00
3,500.00
0.49
588.00
1,000.00
1,000.00
32,099.00
3,049.41
35,148.41
39,156.11
TOTAL SCHEDULE A and B TOTAL $74,304.52
PC-,
Daniel Carey, Project Manager
5,000.00
5,000.00
4,100.00
4,100.00
20,000.00
20,000.00
2,800.00
2,800.00
100.00
1,400.00
0.20
600.00
1,500.00 1,500.00
35,400.00
3,363.00
38,763.00
5,000.00
5,000.00
4,100.00
4,100.00
20,000.00
20,000.00
2,800.00
2,800.00
0.20
240.00
1,000.00
1,000.00
33,140.00
3,148.30
36,288.30
38,763.00
TOTAL $75,051.30
090701 FINAL BidTab-SedBasin2009.XIs Page 2
Project Title
Maplewood, Madsen Creek Sed. Basin Cleaning Project 2009
Sloans Enterprise
Carman's Construction
BID DATE:
June 30, 2009
Item
Unit
Est.
Unit
Bid
Unit
Bid
No.
Description
Quantit
Price
Amount
Price
Amount
SCHEDULE A - Maplewood Basin
1
Mobilization Lump Sum
1
5,000.00
5,000.00
2,500.00
2,500.00
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
1
7,000.00
7,000.00
2,350.00
2,350.00
3
Remove, Haul, and Dispose of Sediment Lump Sum
1
20,000.00
20,000.00
25,075.00
25,075.00
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
1
4,750.00
4,750.00
2,000.00
2,000.00
8
Vegetation Maintenance Areas Each
14
200.00
2,800.00
1,160.71
16,249.94
9
Hydroseed Sq. Ft.
3,000
0.25
750.00
0.35
1,050.00
10
Minor Changes Lump Sum
1
1,500.00
1,500.00
1,500.00
1,500.00
Subtotal
41,800.00
50,724.94
9.5% Sales Tax
3,971.00
4,818.87
Total Schedule A
45,771.00
55,543.81
SCHEDULE B - Madsen Basin
1
Mobilization Lump Sum
1
5,000.00
5,000.00
2,500.00
2,500.00
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
1
7,000.00
7,000.00
2,350.00
2,350.00
3
Remove, Haul, and Dispose of Sediment Lump Sum
1
20,000.00
20,000.00
25,075.00
25,075.00
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
1
4,750.00
4,750.00
2,000.00
2,000.00
5
Hydroseed Sq. Ft.
1,200
0.25
300.00
0.35
420.00
6
Minor Changes Lump Sum
1
1,000.00
1,000.00
1,000.00
1,0001
Subtotal
38,050.00
33,345.0U
9.5% Sales Tax
3,614.75
3,167.78
Total Schedule B
41,664.75
36,512.78
Total Schedule A
45,771.00
55,543.81
TOTAL SCHEDULE A and B
TOTAL
$87,435.75
TOTAL
$92,056.58
Daniel Carey, Project Manager
090701 FINAL BidTab-SedBasin2009.XIs Page 3
'oject Title Maplewood, Madsen Creek Sed. Basin Cleaning Project 2009 Fury Construction
,D DATE: June 30, 2009
Item Unit Est. Unit Bid
No. Description Quantit Price Amount
SCHEDULE A - Maplewood Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re:
Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
8
Vegetation Maintenance Areas
Each
9
Hydroseed
Sq. Ft.
10
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule A
SCHEDULE B - Madsen Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
5
Hydroseed
Sq. Ft.
6
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax .
Total Schedule B
Total Schedule A
TOTAL SCHEDULE A and B
1Jl/
Daniel Carey, Project Manager
1
1
1
1
14
3,000
1
1
1
1
1
1,200
1
3,000.00
3,000.00
4,000.00
4,000.00
30,456.00
30,456.00
4,000.00
4,000.00
350.00
4,900.00
0.75
2,250.00
1,500.00
1,500.00
50,106.00
4,760.07
54,866.07
2,500.00
3,500.00
24,003.00
3,500.00
0.75
1,000.00
2,500.00
3,500.00
24,003.00
3,500.00
900.00
1,000.00
35,403.00
3,363.29
38,766.29
54,866.07
TOTAL $93,632.36
Clearcreek Contractors
Unit Bid
Price Amount
2,035.99
2,035.99
7,476.94
7,476.94
35,728.41
35,728.41
1,636.20
1,636.20
171.84
2,405.76
0.43
1,290.00
1,500.00
1,500.00
52,073.30
4,946.96
57,020.26
1,571.78
1,571.78
6,419.82
6,419.82
27,824.60
27,824.60
1,636.20
1,636.20
1.07
1,284.00
1,000.00
1,000.00
39,736.40
3,774.96
43,511.36
57,020.26
TOTAL $100,531.62
090701 FINAL BidTab-SedBasin2009.XIs Page 4
Project Title Maplewood, Madsen Creek Sed. Basin Cleaning Project
BID DATE: June 30, 2009
Item
No. Descri
Unit
SCHEDULE A - Maplewood Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
8
Vegetation Maintenance Areas
Each
9
Hydroseed
Sq. Ft.
10
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule A
SCHEDULE B - Madsen Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
5
Hydroseed
Sq. Ft.
6
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule B
Total Schedule A
TOTAL SCHEDULE A and B
DCl/
Daniel Carey, Project Manager
Est.
1
1
1
1
14
3,000
1
1
1
1
1
1,200
1
ke McClung Constr. Co I PGH Excavating
Unit Bid Unit Bid
Price Amount Price Amount
5,000.00
5,000.00
3,000.00
3,000.00
35,000.00
35,000.00
2,000.00
2,000.00
468.00
6,552.00
0.68
2,040.00
1,500.00
1,500.00
55,092.00
5,233.74
60,325.74
4,000.00
4,000.00
3,000.00
3,000.00
30,000.00
30,000.00
2,000.00
2,000.00
1.25
1,500.00
1,000.00
1,000.00
41,500.00
3,942.50
45,442.50
60,325.74
TOTAL $105,768.24
5,968.00
5,968.00
9,350.00
9,350.00
25,125.00
25,125.00
7,600.00
7,600.00
298.00
4,172.00
0.85
2,550.00
1,500.00
1,500.00
56,265.00
5,345.18
61,610.18
4,669.00
4,669.00
9,350.00
9,350.00
18,300.00
18,300.00
7,600.00
7,600.00
0.85
1,020.00
1,000.00
1,000.E
41,939.0u
3,984.21
45,923.21
61,610.1.8
TOTAL $107,533.38
090701 FINAL BidTab-SedBasin2009.XIs Page 5
-oject Title
Maplewood, Madsen Creek Sed. Basin Cleaning Project 2009
Weber Construction
Advanced Construction
.iD DATE:
June 30, 2009
Item
Unit
Est.
Unit
Bid
Unit
Bid
No.
Description
Quantit,
Price
Amount
Price
Amount
SCHEDULE A - Maplewood Basin
1
Mobilization Lump Sum
1
5,200.00
5,200.00
15,000.00
15,000.00
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
1
9,780.00
9,780.00
30,000.00
30,000.00
3
Remove, Haul, and Dispose of Sediment Lump Sum
1
27,040.00
27,040.00
20,000.00
20,000.00
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
1
2,245.00
2,245.00
15,000.00
15,000.00
8
Vegetation Maintenance Areas Each
14
425.00
5,950.00
1,000.00
14,000.00
9
Hydroseed Sq. Ft.
3,000
0.25
750.00
1.00
3,000.00
10
Minor Changes Lump Sum
1
1,500.00
1,500.00
1,500.00
1,500.00
Subtotal
52,465.00
98,500.00
9.5% Sales Tax
4,984.18
9,357.50
Total Schedule A
57,449.18
107,857.50
SCHEDULE B - Madsen Basin
1
Mobilization Lump Sum
1
4,201.62
4,201.62
5,000.00
5,000.00
2
Construct Bypass Structures, Divert Creek, Re: Lump Sum
1
6,802.39
6,802.39
15,000.00
15,000.00
3
Remove, Haul, and Dispose of Sediment Lump Sum
1
34,479.86
34,479.86
20,000.00
20,000.00
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
1
2,243.90
2,243.90
10,000.00
10,000.00
5
Hydroseed Sq. Ft.
1,200
0.47
564.00
1.00
1,200.00
6
Minor Changes Lump Sum
1
1,000.00
1,000.00
1,000.00
1,000.00
Subtotal
49,291.77
52,200.00
9.5% Sales Tax
4,682.72
4,959.00
Total Schedule B
53,974.48
57,159.00
Total Schedule A
57,449.18
107,857.50
TOTAL SCHEDULE A and B
TOTAL
$111,423.66
TOTAL
$165,016.50
%
Bid Amount Corrected
Daniel Carey, Project Manager
Was $160,057.50
Math error adding
Schedules A and B.
090701 FINAL BidTab-SedBasin2009.XIs Page 6
Project Title Maplewood, Madsen Creek Sed. Basin Cleaning Project
BID DATE: June 30, 2009
Item
No.
Unit
SCHEDULE A - Maplewood Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re:
Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
8
Vegetation Maintenance Areas
Each
9
Hydroseed
Sq. Ft.
10
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule A
SCHEDULE B - Madsen Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re!
Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
5
Hydroseed
Sq. Ft.
6
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule B
Total Schedule A
TOTAL SCHEDULE A and B
Daniel Carey, Project Manager
R J Lampers Constr. Co I Fed Excavation, Inc
Est. Unit Bid I Unit Bid
aanti Price Amount Price Amount
1
1 II
1
14
3,000
1
1
1
1
1
1,200
1
$2,155.50
$6,205.00
$9,500.00
$1,500.00
$350.00
$0.19
$1,500.00
$1,753.35
$5,705.00
05,000.00
$1,500.00
$0.19
$1,000.00
2,155.50
6,205.00
9,500.00
1,500.00
4,900.00
570.00
1,500.00
26,330.50
2,501.40
28,831.90
1,753.35
5,705.00
15,000.00
1,500.00
228.00
1,000.00
25,186.35
2,392.70
27,579.05
28,831.90
TOTAL $56,410.95
Bid Withdrawn
Was $67,360.95
Written words did not matc
unit price figures in Sch. A.
Written words govern.
2,342.00
2,342.00
9,993.00
9,993.00
27,469.00
27,469.00
2,277.00
2,277.00
422.00
5,908.00
0.28
840.00
1,500.00 1,500.00
50,329.00
4,781.26
55,110.26
1,819.00
1,819.00
9,999.00
9,999.00
23,483.00
23,483.00
2,277.00
2,277.00
0.50
600.00
1,000.00
1,000.
39,178.0-,
3,721.91
42,899.91
55,110.26
TOTAL $98,010.17
Bid Not Valid
Unit Prices not written in
words on Schedule B.
090701 FINAL BidTab-SedBasin2009.XIs Page 7
oject Title Maplewood, Madsen Creek Sed. Basin Cleaning Project
,,D DATE: June 30, 2009
Item
No. Descri
Memo's Construction
Unit Est. Unit Bid
Quantit Price Amount
SCHEDULE A - Maplewood Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re:
Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
8
Vegetation Maintenance Areas
Each
9
Hydroseed
Sq. Ft.
10
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule A
SCHEDULE B - Madsen Basin
1
Mobilization
Lump Sum
2
Construct Bypass Structures, Divert Creek, Re:
Lump Sum
3
Remove, Haul, and Dispose of Sediment
Lump Sum
4
Refill Basin, Remove Bypass Strucs., Restore I Lump Sum
5
Hydroseed
Sq. Ft.
6
Minor Changes
Lump Sum
Subtotal
9.5% Sales Tax
Total Schedule B
Total Schedule A
TOTAL SCHEDULE A and B
V
_l C/
Daniel Carey, Project Manager
1 I
1
1
1
14
3,000
1
1
1
1
1
1,200
1
10,000.00
7,000.00
25,000.00
4,000.00
1,000.00
1,000.00
1,500.00
10,000.00
7,000.00
25,000.00
4,000.00
1,000.00
1,000.00
10,000.00
7,000.00
25,000.00
4,000.00
14,000.00
3,000,000.00
1,500.00
3,061,500.00
290,842.50
3,352,342.50
10,000.00
7,000.00
25,000.00
4,000.00
1,200,000.00
1,000.00
1,247,000.00
118,465.00
1,365,465.00
3,352,342.50
TOTAL $4,717,807.50
Bid Error
Was $106,762.50
Written words did not match
unit price figures.
Written words govern.
090701 FINAL BidTab-SedBasin2009.XIs Page 8
CITY OF RENTON
BID TABULATION SHEET
PROJECT: Maplewood Creek and Madsen Creek Sediment Basin Page 1 of 2 •
Cleaning Project 2009; CAG-09-122
DATE: June 30, 2009
FORMS
BID
BIDDER
Proposal
Bid
Triple
Bond
Form
"Includes Sales Tax
Advanced Construction, Inc.
4640 Campus Place, Suite 150
$160,05
Mukilteo, WA 98275
x
x
x
$165,016.50
AJ Smith
Carman's Construction
20 West Troxell Rd.
Oak Harbor, WA 98277
x
x
x
$92,056.64
Kevin Carmen
Clearcreek Contractors
3203 15th St
Everett, WA 98201
x
x
x
$100,531.62
Mark McCullough
Fed Excavation, Inc.
P.O. Box 551
$98,000.31
Mercer Island, WA 98040
x
x
x
*Not Valid
Patrick J. Federson
Fury Construction, LLC
P.O. Box 1198
North Bend, WA 98045
x
x
x
$93,957.57
Dennis Fury
Kamins Construction
19315 Ross Road
Bothell, WA 98011
x
x
x
$71,437.43
Chad Kamins
Mahnke
15127 Main St. E., Ste. 104 PMB 103
Sumner, WA 98390
x
x
x
$75,051.30
Jay Mahnke
Memo's Construction
4823 Sheridan Ave. S.
$106,yrvv 762.50
Tacoma, WA 98444
x
x
x
$4,717,807.50
John Bankston
Mike McClung Const. Co.
15110 261 st. Ave. E.
Buckley, WA 98321
x
x
x
$105,768.24
Mike McClung
(OVER)
CITY OF RENTON
BID TABULATION SHEET
ROJECT: Maplewood Creek and Madsen Creek Sediment Basin Page 2 of 2
Cleaning Project 2009; CAG-09-122
DATE: June 30, 2009
FORMS
BID
BIDDER
Proposal
Bid
Triple
Bond
Form
**Includes Sales Tax
PGH Excavating, Inc.
P.O. Box 1151
Enumclaw, WA 98022
x
x
x
$107,533.37
Carey Thornhill
Phoinix Corp
5700 6th Ave. S., Ste. 101
Seattle, WA 98108
x
x
x
$74,304.52
Brad Coory
RJ Lampers Construction Co., Inc.
14532 180th PI Se
$67,360.95
Snohomish, WA 98290
x
x
x
$56,410.95
Bette Anne Lampers
*bid withdrawn
',loans Enterprise
Two Cashier
25 Belmont Loop #20
Checks
vdoodland, WA 98674
x
$2,083.84
x
$87,435.75
Melinda Sloan
$2,288.55
Weber Construction, Inc.
P.O. Box 926
Snoqualmie, WA 98065
x
x
x
$111,423.66
Thomas P. Weber
—NGINEER'S ESTIMATE
LEGEND:
Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage
$118,917
CITY OF RENTON COUNCIL AGENDA BILL
Dept/Div/Board.. Community Services/Parks Division
Staff Contact...... Todd Black, ext. 6571
Subject:
Renton Urban and Community Forestry
Development Plan
Issue Paper
2009 Renton Urban and Community Forestry
Development Plan
of:
13, 2009
Consent .............. X
Public Hearing...
Correspondence..
Ordinance .............
Resolution........... .
Business ........
New Business....... X
Study Sessions.......
Information........ .
Recommended Action: Approvals:
Refer to the Committee of the Whole Legal Dept.........
Finance Dept......
Other ...............
Expenditure Required... Transfer/Amendment.......
Amount Budgeted.......... N/A Revenue Generated.........
Total Project Budget City Share Total Proiect..
SUMMARY OF ACTION:
Staff from nearly every department teamed up to create a pro -active work plan to guide the City's
urban forestry program. This plan establishes the focus and direction over the next 10 years to
ensure management, maintenance and restoration of the City's trees, vegetation and natural areas -
its urban forest. Council is requested to approve and adopt the 2009 Urban and Community
Forestry Development Plan.
STAFF RECOMMENDATION:
Approve the 2009 Urban and Community Forestry Development Plan
COMMUNITY SERVICES DEPARTMENT
M E M O R A N D U M
DATE: July 20, 2009
TO: Randy Corman, Council President
City Councilmembers
VIA: &/Denis Law, Mayor
FROM: Terry Higashiyamakommunity Services Administrator
STAFF CONTACT: Leslie Betlach, Parks Director, Ext. 6619
Terry Flatley, Urban Forester and Natural Resources Manager,
Ext. 6601
Todd Black, Capital Project Coordinator, Ext. 6571
SUBJECT: Renton Urban and Community Forestry Development Plan
ISSUE:
Should Council approve the Renton Urban and Community Forestry Development Plan?
RECOMMENDATION:
Approve the Renton Urban and Community Forestry Development Plan and present this
matter for reading and adoption.
BACKGROUND:
The Renton Urban and Community Forestry Development Plan is a collaboration of
Task Force members from nearly every City department, formed to create a pro-
active work plan to guide the City's urban forestry program. This plan establishes
the focus and direction over the next 10 years to ensure management, maintenance
and restoration of the City's trees, vegetation and natural area - its urban forest.
The Development Plan provides vision and mission statements, goals and objectives,
strategies and action timeline and an implementation schedule. A sustainable urban
forest program will recognize and engage Renton's diverse interests, land uses, and
landowners. It fits within existing City goals and policies; it links and promotes
change that reinforces the benefits of the green infrastructure, the quality of the local
community and the strength and resilience of the local economy.
CONCLUSION:
Approval of this Plan will engage staff in proactively planning and maintaining a healthy
forest in Renton, and support the City's goals of balancing economic vitality with
environmental quality and social well being.
CITY OF RENTON COUNCIL AGENDA BILL
Dept/Div/Board.. Community Services/Parks Division
Staff Contact...... Todd Black, ext. 6571
bject:
Amendment to Renton Municipal Code to Allow an Off -
Leash Area at a Public Park
Issue Paper
Ordinance
Al #: t
For Agenda of:
July 13, 2009
Consent ............. .
Public Hearing...
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions.......
Information........ .
X
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept......
Other ...............
Expenditure Required... Transfer/Amendment.......
Amount Budgeted.......... N/A Revenue Generated.........
Total Project Budget City Share Total Proiect..
SUMMARY OF ACTION:
A task force spent a year reviewing possible public park locations and discussed establishing an off -
leash dog park in Renton. The preferred site is on the NARCO Property, which has a City Council
approved master plan for soccer fields. Due to the length of time before the fields will be
constructed, the off -leash area is predicated as an interim site for two years, with the possibility of
renewal.
Approximately four acres will be securely fenced and gated, with funding coming from the City and a
matching amount raised by the community. Installation of the fence and gates will be done by
volunteer labor, and the community will be responsible for long-term maintenance.
Amending the Renton Municipal Code to allow a specifically designated off -leash area will provide
the public with a fenced area for their dogs to run and roam off -leash.
STAFF RECOMMENDATION:
Authorize an amendment to Title 6, Chapter 6 provisions of Renton Municipal Code to allow a
specifically designated off -leash area of a public park.
CADocuments and Settings\BWalton\Local Settings\Temporary Internet Files\Content.OutlooklX7DZYUNA\DogPark-AgendaBill-Ord Amend.doc
MUNITY
City of
COMDEPA TMENTICES ®C��O
M E M O R A N D U M
DATE:
TO:
VIA:
FROM:
STAFF CONTACT
SUBJECT:
July 6, 2009
Randy Corman, Council President
City Councilmembers
�L Denis Law, Mayor
Terry Higashiyama, Community Services Administrator
Todd Black, Capital Project Coordinator, Ext. 6571
Amendment to Renton Municipal Code Section 6-6-4,
Definitions, and Section 6-6-5, Dogs at Large; Requirement of
Leash or Chain — To Allow an Off -Leash Area at a Public Park
ISSUE:
Should the Mayor and City Clerk be authorized to amend the Renton Municipal Code to
allow a specifically designed off -leash area of a public park?
RECOMMENDATION:
Authorize the Mayor and City Clerk to amend the Renton Municipal Code to allow a
specifically designed off -leash area of a public park.
BACKGROUND SUMMARY:
A task force spent a year reviewing possible public park locations and discussed
establishing an off -leash dog park in Renton. The preferred site is on the NARCO
Property, which has a City Council approved master plan for soccer fields. Due to the
length of time before the fields will be constructed, the off -leash area is predicated as an
interim site for two years, with the possibility of renewal.
Approximately four acres will be securely fenced and gated, with funding coming from
the City and a matching amount raised by the community. Installation of the fence and
gates will be done by volunteer labor, and the community will be responsible for long-
term maintenance.
Amending the Renton Municipal Code to allow a specifically designated off -leash area
will provide the public with a fenced area for their dogs to run and roam off -leash.
CONCLUSION:
Approval of this Amendment will provide the public with a secure area to unleash their
dogs within a public park setting. The Amendments to 6-6-4 and 6-6-5 are necessary to
permit dogs to be unleashed within confines of designated off -leash area.
Cc: Jay Covington, Chief Administrative Officer
Leslie Betlach, Parks Director
Kelly Beymer, Golf Course Manager
CADocumenls and SettingsTWaltonlLocal Setlings\Temporary Internet Files\Content.Outlook\X7DZYUNA\DogPark-Issue Paper -Ord Amend.doc
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
6, ANIMALS AND FOWL AT LARGE, OF TITLE VI (POLICE REGULATIONS) OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON, WASHINGTON", TO ADD A DEFINITION FOR "OFF -LEASH DOG
PARK", AND AMEND THE REGULATIONS REGARDING DOGS AT LARGE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 6-6-4, Definitions, of Chapter 6, Animals and Fowl at
Large, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", is hereby amended to add a definition for "Off -
Leash Dog Park", to read as follows:
OFF -LEASH DOG PARK: A specifically designated area within the confines of a
City owned public park which allows dogs to run or roam without being leashed,
as long as its owner, handler or custodian is nearby within the park premises.
SECTION II. Subsection A of section 6-6-5, Dogs at Large; Requirement of
Leash or Chain, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to read as follows:
A. It shall be unlawful for any owner or custodian to cause, permit or allow
any dog owned, harbored, controlled or kept by him in the City to roam, run or
stray away from the premises where the same is owned, harbored, controlled or
kept, except that while away from said premises such dog shall at all times be
1
ORDINANCE NO.
controlled by means of a leash or chain not exceeding eight feet (8') in length by
the owner or some duly authorized and competent person, or is at heel of such
owner or custodian, such control to be exercised by such owner or custodian or
other competent authorized person. "At heel" shall mean that the dog shall be
immediately at the owner's or custodian's heel; provided, however, that such
leash or chain is not required for any dog when otherwise safely and securely
confined or completely controlled while in or upon any vehicle. Furthermore,
this section shall not apply to dogs which are in special areas designated by the
City as dog training areas and/or designated Off -Leash Parks, and as long as the
regulations of the City, or its authorized representative, with respect to the use
of such areas are complied with and said dogs are under the custody and control
of a competent trainer. A violation of this Subsection shall constitute a civil
infraction punishable by a fine of up to $250, not including costs.
SECTION III. Subsection B.3 of section 6-6-5, Dogs at Large; Requirement of
Leash or Chain, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to read as follows:
3. To permit any animal, whether licensed or not, to run at large in any
public park, (other than a specifically designated off -leash area of a public park),
public beach, pond, fountain, stream, public playground, school ground or any
other public facility permitting swimming and/or boating activities; provided,
however, that this section shall not prohibit a person from walking or exercising
2
ORDINANCE NO.
a dog in a public area, except on any public beach, pond, stream or similar facility
which permits swimming and/or boating activities, when such dog is on a leash
or otherwise under the immediate control of its owner or custodian and proper
safeguards are taken to protect the public and property from injury or damage
from said dog. The Park Director is hereby authorized and directed to post such
areas as hereinabove set forth. A violation of this Subsection shall constitute a
civil infraction punishable by a fine of up to $250, not including costs.
SECTION IV. Subsection B.5 of section 6-6-5, Dogs at Large; Requirement of
Leash or Chain, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to read as follows:
5. To permit any female dog, whether licensed or not, to run at large
while in heat. A female dog will be prohibited from entering any designated off -
leash area of a public park during the period in which the dog is in heat. A
violation of this Subsection shall constitute a civil infraction punishable by a fine
of up to $250, not including costs.
SECTION V. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
•
3
ORDINANCE NO.
APPROVED BY THE MAYOR this day of 12009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1567:6/30/09:scr
Denis Law, Mayor
4
CITY OF RENTON COUNCIL AGENDA BILL
AI #:
I
ubmitting Data: Fire & Emergency Services
For Agenda of:
Dept/Div/Board.. Office of the Fire Chief
July 13, 2009
Agenda Status
Staff Contact...... William Flora, Deputy Fire Chief,
Community Risk Reduction
(x. 7061)
Consent ..............
Public Hearing..
subject:
Designated Fund Agreement with the Renton
Correspondence..
Community Foundation for the Fire and Emergency
Ordinance .............
Services Fund
Resolution............
Old Business........
New Business.......
exhibits:
Issue Paper
Study Sessions......
Renton Community Foundation Designated Fund
Information.........
Agreement
X
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required... $55,970 Transfer/Amendment.......
Amount Budgeted....... $55,970 Revenue Generated.........
Total Project Budget $55,970 City Share Total Project..
VLVIARY OF ACTION:
The Fire & Emergency Services Department requests Council approval to authorize the Mayor
and the City Clerk to enter into the Designated Fund Agreement with the Renton Community
Foundation.
Authorize the Mayor and City Clerk to sign the Designated Fund Agreement with the Renton
Community Foundation.
Rentonnet/agnbill/ bh
FIRE & EMERGENCY SERVICES DEPARTMENT
City of
M E M O R A N D U M
DATE:
July 13, 2009
TO:
Randy Corman, Council President
Members of the Renton City Council
VIA:
Denis Law, Mayor
FROM:
I. David Daniels, Fire Chief/Emergency Services Administrator
STAFF CONTACT:
William Flora, Deputy Fire Chief, Community Risk Reduction
SUBJECT:
Designated Fund Agreement with the Renton Community
Foundation
ISSUE
Should the Council permit the Mayor to sign the Designated Fund Agreement with the
Renton Community Foundation?
RECOMMENDATION
Staff recommends that Council approve the Mayor's signature and City Clerk's attesting
of the Designated Fund Agreement with the Renton Community Foundation.
BACKGROUND
The funds currently held in the Memorial Aid Car Fund are acquired through donations
to the Renton Fire & Emergency Services Department. These funds are used for
activities that benefit the community including, but not limited to, emergency
preparedness activities and Renton Heart Month. In order for these funds to be
accessed and spent when needed, the Fire & Emergency Services Department must
determine, in advance, all possible needs for the funds and allocate those monies during
the city's budget cycle. Unfortunately, it is impossible to predict what opportunities
may present themselves throughout the year for which these funds may be needed.
When unexpected opportunities do occur and expenditures are required, the process to
access and use the funds includes the agenda bill process in order for the needed funds
to be appropriated into the Department's budget. This process and the following
transfer of funds into the Department's budget often take several weeks and can result
in missed opportunities.
Having the funds held in the Fire and Emergency Services Fund through the Renton
Community Foundation has several advantages: 1) accessing the funds will require
fewer steps and less time, thus reducing the risk of missed opportunities; and 2) the
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
July 13, 2009
ability for the public to make donations becomes easier due to the Renton Community
Foundation's website and online donation capability.
The approval of transferring the funds was included in the mid -year budget adjustment
ordinance approved at the July 6 council meeting. To complete the transfer and set up
the fund, we need to complete the Designated Fund Agreement.
CONCLUSION
Signing the Designated Fund Agreement to set up a Fire and Emergency Services Fund
through the Renton Community Foundation will be advantageous to the Renton Fire &
Emergency Services Department's work in the community.
INTO
DESIGNATED FUND AGREEMENT
THIS AGREEMENT is made as of the first day of April, 2009, in Renton, Washington,
between the City of Renton Fire & Emergency Services Department ("Donors") and the
Renton Community Foundation ("Foundation"), established under the nonprofit
corporation laws of the State of Washington, with its principal office located at 3000 NE
Fourth Street., Renton, WA, 98056.
WHEREAS, the parties to this Agreement have a common interest in the welfare
of the greater Renton area community; and
WHEREAS, the Foundation has been established with the principal purpose to
receive and administer funds as endowments for various charitable, education,
scientific, literary, artistic, religious, and civic purposes which will benefit various
organizations within the greater Renton community; and
WHEREAS, a desire has been expressed by the donor to establish a fund in the
Foundation to benefit fire and emergency services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. Establishment of Fund. A fund shall be established on the books of Foundation
which shall be known as the Fire and Emergency Services Fund ("the Fund").
The Foundation acknowledges receipt of the property listed in Schedule "A" attached
hereto and made a part hereof as the initial property of the Fund.
2. Property of the Fund. The Fund shall include the property received herewith, such
property as may from time to time be transferred to Foundation by these and other
donors, such property as may from time to time be transferred from any other source
for inclusion in the Fund and accepted by Foundation, and all undistributed income
from the foregoing property. The Fund shall be the property of Foundation held by it
in its corporate capacity. The Foundation shall have the ultimate authority and
control over all property in the Fund, and the income derived therefrom, in
accordance with the Articles of Incorporation and Bylaws of Foundation (as they may
be amended from time to time), and the terms of this Agreement applied in a manner
not inconsistent with said Articles and Bylaws.
3. Contributions to the Fund. The Foundation acknowledges receipt of the property
listed in Schedule "A" attached hereto and made a part hereof as the initial property
of the Fund. Additional future deposits will be recorded and receipted through
subsequent transmissions of Schedule "A".
4. Purpose. The Fund is established as a non -endowed fund.
The Fund shall be used to support the following organization(s): The Renton Fire &
Emergency Services Department and any organization determined by the Donors to
fulfill the needs of the Renton community for emergency/preparedness services and
education.
Purpose of the fund may be communicated in Foundation publications and events.
5. Distributions.
a. Distributions shall be made with consideration of written requests by
Renton Fire & Emergency Services Department.
b. Written requests for distributions shall be made at least 30 days prior to the
expected distribution of such funds and signed by individuals as indicated on the
form attached hereto as Exhibit B-2, Fund Distribution Authorized Signatures.
Exhibit B-2 is a statement from the Donors authorizing the proper person(s) to
execute the written notice to the Foundation for distributions. Included are
specimen signatures of the authorized person(s). The Donors shall submit an
updated copy of such attachment, certified to be correct, each time it changes
such authorized person(s).
c. If the Fund is established as a non -endowed fund, the Foundation maintains the
right to request advice from Renton Fire & Emergency Services Department on
complete distribution of the fund, should the principal balance fall below $10,000.
6. Investments of Funds. The Fund shall be pooled with other Foundation assets and
invested in accordance with the Foundation's Investment Policy. Statements of
investment balances, including confirmations of investments by Foundation's
advisor, shall be provided on a quarterly basis.
7. Fee Schedule. An annual charge on the assets of the fund will be assessed at the
rate charged for a Designated Fund. At the present time the charge is 1.8%
annually, with fees split between Foundation (1%) and investment advisor (.8%).
Fees are charged monthly at the fee schedule in effect at that time, based on the
value in the fund as of the last day of the month. In the event this Agreement shall
terminate or otherwise end on a day other than the last of a month, the fee shall be
charged for that month based on the value on the last day of that month. Fees are
deducted first from income and, if insufficient, the remainder shall be deducted from
the principal of the fund.
8. Variance of Restrictions or Conditions. The Board of Directors of the Foundation
shall have the power to modify any restriction or condition on the distribution of
funds, if, in their sole judgment, such restriction or condition becomes, in effect,
unnecessary or incapable of fulfillment, or inconsistent with the charitable needs
served by the Foundation. The exercise of such power shall not be effective earlier
than at least thirty (30) days after the Foundation notifies the organization(s) in
writing of: (1) its intent to exercise such power, and (2) the manner in which the
Foundation exercises its power. During the notice period, Renton Fire & Emergency
Services Department may advise the Foundation as to its views regarding the
proposed exercise of the power and where those funds might be redirected. If the
Foundation becomes aware of any action instituted or proposed by any person to
vary the purposes, uses, or methods administration of the Fund, it will promptly
notify Renton Fire & Emergency Services Department.
If the Foundation ceases to be a qualified charitable organization or if the
Foundation proposes to dissolve, the assets of the Fund shall, after payment or
making provision for payment of any liabilities, properly chargeable to the Fund, be
distributed to such organization(s) in the greater Renton community as satisfies the
requirements or purposes similar to those intended in this agreement.
9. Definitions and Construction
A. As used in this Agreement:
(1) "Qualified charitable organization" means an organization described in
Section 501(c)(3) and which is other than a private foundation under Section
509(a) of the Internal Revenue Code.
(2) References to any provision of the Internal Revenue Code shall be
deemed references to the U. S. Internal Revenue Code of 1986 as the same
may be amended from time to time and the corresponding provision of any
future U. S. Internal Revenue Code.
B. It is intended that nothing in this Agreement shall affect the status of the
Foundation as an entity which is a qualified charitable organization. This Agreement
shall be interpreted in a manner consistent with the foregoing intention and so as to
conform to the requirements of the Internal Revenue Code and any regulations
issued pursuant thereto applicable to the intended status of the Foundation.
10. Indemnification. Each party hereto shall indemnify and save harmless the other, its
directors, officers and affiliates, against all claims made against the other arising
solely out of the acts or failures to act of the party from whom indemnification is
requested. The indemnifying party shall defend any claims against the indemnified
party and shall pay, satisfy and discharge any judgments, orders and decrees which
may be recovered against the indemnified party.
IN WITNESS WHEREOF, each party hereto has executed the Agreement by its
duly authorized officers effective as of the day and year first above written.
Signature
Name: Denis Law Date:
Title: Mayor City of Renton
Address: 1055 S. Grady Way, Renton, WA 98057
Staff Contact: I. David Daniels, Fire Chief/Emergency Services Administrator
Phone: 425-430-7051
Email: ddaniels(a-).rentonwa.gov
ATTEST: Date:
BY: Bonnie I. Walton City Clerk
RENTON COMMUNITY FOUNDATION, INC.
in
Title:
Rev. 10/08
Date:
RENTON COMMUNITY FOUNDATION
DESIGNATED FUND AGREEMENT
SCHEDULE A
I/We have given the following property to the Renton Community Foundation. This
property becomes part of the Renton Fire & Emergency Services Fund.
Description of Property:
Cash in the amount of: $
Other (Stocks, personal property): Please list below.
(All non -cash contributions will be subject to 3rd party valuations and in accordance with current IRS
regulations.)
EXHIBIT B-1
REQUEST FOR DISTRIBUTION
To the Renton Community Foundation:
Please consider the following distribution(s) from the
Check Payee
Fund:
Amount Date
The distributions should be made on the dates set forth above (a date(s) not less than
30 days from the date of this request.)
The undersigned affirms these distributions are requested pursuant to the procedures of
(short name) which were followed in all material detail with respect to the distributions
requested herein.
(Name of Organization)
By
Its Authorized Representative Date
EXHIBIT B-2
Resolution of Renton Fire & Emergency Services Department authorizing persons to
issue the Request for Distribution from the Renton Fire & Emergency Services Fund.
The following persons are authorized to issue a Request for Distribution from the
Renton Fire & Emergency Services Fund:
I. David Daniels, Fire Chief/Emergency Services Administrator
Signature:
Joan S. Montegary, Assistant to the Fire Chief
Signature:
CITY OF RENTON COUNCIL AGENDA BILL
AI #:
Submitting Data:
For Agenda of: July 13, 2009
Dept/Div/Board.. AJLS/City Attorney
Agenda Status
Staff Contact...... Larry Warren 425-255-8678
Consent ..............
Public Hearing..
Subject:
Creating a separate chapter for the City Attorney
Correspondence..
Department, creating a separate chapter for the
Ordinance ............. X
Municipal Court, renaming AILS as Executive
Resolution............
Department, establishing a Communications Division as
Old Business........
part of the Executive Department and revising duties
within the Executive Department.
New Business....... X
Exhibits:
Ordinance
Study Sessions......
Information.........
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept......
Fiscal Impact
Expenditure Required... Transfer/Amendment.......
Amount Budgeted.. Revenue Generated
Amount Needed City Share Total Project.
SUMMARY OF ACTION:
As the City Attorney's office is an "in house" department, rather than contract counsel, a new chapter
for the City Attorney Department should be created and a new chapter should be created for the
Municipal Court in Title III (Departments and Officers) and the Administrative, Judicial and Legal
Services (AJLS) Department renamed Executive Department. Also, a new Communications Division has
been recommended to be created within the Executive Department to better leverage and focus the
existing communications resources. With these changes within the Executive Department, duties
within that department should be revised.
STAFF RECOMMENDATION:
Adopt the Ordinance creating Chapter 3-9 RMC, City Attorney Department, and Chapter 3-10 RMC,
Municipal Court, renaming AJLS as Executive Department, establishing a Communications Division
within the Executive Department by adding a new section, 3-1-6, and revising duties within the
Executive Department.
I
0
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
1, ADMINISTRATIVE, JUDICIAL AND LEGAL SERVICES DEPARTMENT, OF TITLE III
(DEPARTMENTS AND OFFICERS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY CREATING
A SEPARATE CHAPTER FOR THE CITY ATTORNEY DEPARTMENT AND A
SEPARATE CHAPTER FOR THE MUNICIPAL COURT; RENAMING THE
"ADMINISTRATIVE, JUDICIAL AND LEGAL SERVICES DEPARTMENT" AS
"EXECUTIVE DEPARTMENT", REVISING DUTIES WITHIN THE EXECUTIVE
DEPARTMENT AND CREATING THE COMMUNICATIONS DIVISION.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Title III (Departments and Officers) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington," is herby amended to add a
new chapter, 9, to read as follows:
CHAPTER 9
CITY ATTORNEY DEPARTMENT
SECTION:
3-9-1: Establishment Of Department
3-9-2: City Attorney
3-9-3: Duties Of City Attorney
3-9-4: Qualifications Of City Attorney
3-9-1 ESTABLISHMENT OF DEPARTMENT:
There is hereby established the City Attorney Department.
1
ORDINANCE NO.
3-9-2 CITY ATTORNEY:
A. Position Established: There is hereby established the position of City Attorney.
B. Appointment: The position of City Attorney shall be filled by appointment by
the Mayor, subject to confirmation by a majority of the City Council.
3-9-3 DUTIES OF CITY ATTORNEY:
Duties: The City Attorney shall report to the Mayor and shall be the legal advisor
of the Mayor, the Council and of all of the officers, commissions and boards of
the City in matters pertaining to their operations in a governmental capacity. The
City Attorney shall represent the City in all litigation, in all courts in which the
City is a party or directly interested, except where counsel is provided by
insurance or a risk pool or similar source, and shall prosecute all violations of the
provisions of this Code and act generally as Attorney for the City and the several
departments of the City government, together with such additional duties as the
Council may prescribe by ordinance or which the Mayor's office may request
from time to time.
3-9-4 QUALIFICATIONS OF CITY ATTORNEY:
The City Attorney shall be an attorney licensed to practice in the State of
Washington and must possess those qualifications deemed necessary for this job
by the Mayor, indicated on the City's City Attorney job classification.
SECTION II. Title III (Departments and Officers) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington," is herby amended to add a
new chapter, 10, to read as follows:
PA
ORDINANCE NO.
CHAPTER 10
MUNICIPAL COURT
3-10-1: Establishment Of Municipal Court
3-10-2: Election, Term And Qualifications Of Judge
3-1-3: Judges Pro Tern
3-10-1 ESTABLISHMENT OF MUNICIPAL COURT:
There is hereby created and established the Municipal Court of the City of
Renton.
3-10-2 ELECTION, TERM AND QUALIFICATIONS OF JUDGE:
The Judge of the Municipal Court shall be elected to office for a term of four
years commencing on January 1, 1986, and every four years thereafter.
3-1-3 JUDGES PRO TEM:
A. The Judge shall appoint Judges Pro Tern who shall act in the absence,
disability or temporary disqualification of the regular Municipal Court Judge, or
the need for more than one judge. The Judges Pro Tern shall be qualified to hold
the position of Judge of the Municipal Court.
B. Such Pro Tern Judges shall receive hourly compensation for handling the
calendar on any regular or special court day. Such compensation shall be
determined in the City budget.
SECTION III. Chapter 1, Administrative, Judicial and Legal Services Department,
of Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington," is herby amended to change the title to
3
ORDINANCE NO.
"Executive Department", renumber the subsections and to add a section entitled
"Communications Division":
CHAPTER 1
EXECUTIVE DEPARTMENT
SECTION:
3-1-1: Establishment Of Department
3-1-2: Chief Administrative Officer
3-1-3: Mayor's Office
3-1-4: City Clerk Office
3-1-5: Hearing Examiner Office
3-1-6: Communications Division
3-1-1 ESTABLISHMENT OF DEPARTMENT:
There is hereby established the Executive Department. This department,
consisting of four separate offices, is established and grouped for budget
organization purposes, not as a delegation collectively responsible for a portion
of the sovereign power of government.
3-1-2 CHIEF ADMINISTRATIVE OFFICER:
A. Position Established And Appointment: There is hereby established the
position of Chief Administrative Officer who shall be the chief appointed official
in the City. The Chief Administrative Officer shall be appointed by, report to, and
serve at the pleasure of the Mayor. Appointment of the Chief Administrative
Officer shall be subject to confirmation by a majority of the City Council.
4
ORDINANCE NO.
B. Duties: The Chief Administrative Officer shall manage the various
departments as established in this title and shall have general oversight of all
City departments as delegated by the Mayor. The Chief Administrative Officer
shall be responsible for the City's general operations, public relations and
governmental affairs. The Chief Administrative Officer shall perform other
administrative duties as prescribed by the Council and/or directed by the Mayor.
C. Qualifications: The Chief Administrative Officer must have those qualifications
deemed necessary for this job by the Mayor, indicated on the City's Chief
Administrative Officer job classification.
3-1-3 MAYOR'S OFFICE:
The Mayor's Office shall be responsible for the coordination of various internal
and external issues and programs, and have the responsibility to coordinate and
direct overall city operations, budgets and policy formulation.
3-1-4 CITY CLERK OFFICE:
A. Office Established And Appointment: There is hereby established the office of
the City Clerk. The position of City Clerk shall be filled by appointment by the
Mayor and confirmation by a majority of the City Council.
B. Duties: The City Clerk shall have all of the powers granted and duties imposed
by authority of the laws of the state and ordinances of the City now existing or
subsequently adopted. The City Clerk shall be a full-time, non -civil service
position who shall be in charge of the City Clerk's Office. The City Clerk, or
deputy as assigned by the City Clerk, shall attend all meetings of the City Council
5
S
ORDINANCE NO.
and keep a complete record of the proceedings thereof; and have custody of the
City's seal, the original roll of ordinances, the original contracts, deeds and
certificates relative to the title of any property of the City and such other records
or documents as are required to be deposited with the City. The City Clerk shall
attest all public instruments and official acts of the Mayor and shall provide
certified copies of original records as may be required and make such charge
therefor as provided by ordinance.
C. Qualifications: The City Clerk must have those qualifications deemed
necessary for this job by the Mayor, indicated on the City's City Clerk job
classification.
3-1-5 HEARING EXAMINER OFFICE:
A. Office Established: The office of the Hearing Examiner ("Examiner"), is hereby
established.
B. Duties: The Examiner shall interpret, review and implement land use
regulations as provided in this Chapter and other ordinances. The term "Hearing
Examiner" or "Examiner" shall likewise include the Examiner Pro Tem.
C. Appointment And Term:
The Examiner and the Examiner Pro Tem shall be appointed by the Mayor of the
City. The Examiner's appointment shall be confirmed by a majority of the City
Council, and such appointment shall be for a term of four (4) years, expiring on
the last day of January of every such four (4) year term.
ORDINANCE NO.
D. Removal: The Examiner or the Examiner Pro Tern may be removed from
office at any time by the affirmative vote of not less than five (5) members of the
City Council for just cause.
E. Qualifications: The Examiner and Examiner Pro Tern must have those
qualifications deemed necessary for this job by the Mayor, indicated on the
City's Hearing Examiner job classification.
F. Examiner Pro Tempore Duties: The Examiner Pro Tern shall, in the event of
the absence or the inability of the Examiner to act, have all the duties and
powers of the Examiner.
3-1-6 COMMUNICATIONS DIVISION:
A. Division Established and Appointment: There is hereby established the
Communications Division. The position of Communications Director shall be
filled by appointment by the Chief Administrative Officer.
B. Duties: The Communications Division shall be responsible for providing
Renton residents and businesses with critical, relevant and timely information,
engaging Renton residents and making them aware of opportunities to be
involved and initiating community dialogue and overseeing City-wide internal
and external communications including media relations, web and electronic
communications and printed materials and publications.
C. Qualifications: The Communications Director must have the qualifications
deemed necessary for this job by the Mayor, as indicated on the
Communications Director's job classification.
7
ORDINANCE NO.
SECTION IV. This Ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1538:7/6/09:scr
0
Denis Law, Mayor
CITY OF RENTON COUNCIL AGENDA BILL
SUBMITTING DATA:
Dept/Div/Board.. City Attorney
Staff Contact.. Ann Nielsen, Asst. City Attorney
Rocale Timmons, Assoc. Planner, CED
SUBJECT: Ordinance Amending Certain Provisions in
Title 5, Chapter 12 — Adult Entertainment Standards
EXHIBITS:
1. Issue Paper
2. Track changes markup of Title 5, Chapter 12 —
Adult Entertainment Standards
3. Draft Ordinance
OMMENDED ACTION:
Refer to Public Safety Committee
FOR AGENDA OF: July 13, 2009
AGENDA STATUS:
Consent.........
Public Hearing..
Correspondence..
Ordinance ...... X.
Resolution......
Old Business....
New Business.... X
Study Session...
Other...........
APPROVALS:
City Attorney Dept
CED Dept.... X
I Other...........
FISCAL IMPACT: None
Expenditure Required... Transfer/Amendment..
Amount Budgeted ........ Revenue Generated...
SUMMARY OF ACTION:
X
Upon recently reviewing Title 5, Chapter 12 — Adult Entertainment Standards, the City Attorney Department
has determined that certain changes should be made to this Chapter in order to make it more workable. An
ordinance amending certain sections, repealing a section and adding a new section, has been prepared by
the Legal Department.
(STAFF RECOMMENDATION:
lAdoption of the amendatory Ordinance.
CITY ATTORNEY
M E M O R A N D UM
DATE: July 7, 2009
TO: Council President Randy Corman and
Members of the Renton City Council
VIA: ��A Mayor Denis Law
FROM: Lawrence J. Warren, City Attorney
Staff Contact: Ann Nielsen, Asst. City Attorney
Rocale Timmons, Associate Planner, CED
® City ofSII/�'l�
�r 1�lVO�U ti�>
SUBJECT: Ordinance Amending Certain Provisions in Title 5, Chapter 12:
Adult Entertainment Standards
ISSUE
Whether certain provisions in the Adult Entertainment Standards should be amended?
RECOMMENDATION
The six hour ban language in RMC 5-12-24(a)(3) and (4) should be replaced with anti -mingling
provision language. The inspection requirement of RMC 5-12-20 should be repealed. However,
an additional Nuisance section, adding both public and moral nuisances should be added to the
Chapter. In making these changes, other minor editorial changes are also recommended.
BACKGROUND
The City recently received applications for a business license and building permit from Club
Sinrock. LLC, ("Applicants") seeking to open up an adult entertainment venue at 208 SW 16t"
Street in Renton (formally occupied by "Half Price Pots.") As part of the pre -application
meeting, City staff reviewed Applicants' plans, going over all the applicable provisions of Title 5,
Chapter 12 — "Adult Entertainment Standards."
Since the adult entertainment standards were put into effect in the RMC, there has never been
a challenge to any of the provisions. Until now, there has not been any applicant seeking to
open a business which invokes any of the adult entertainment provisions of the code. As a
result of Club Sinrock's application, the City Attorney Department has reviewed and researched
the relevant issues and has determined that certain changes should be made to the ordinance
in order to make it more workable.
CONCLUSION
The staff recommends adoption of the amendatory ordinance.
CHAPTER 12
ADULT ENTERTAINMENT STANDARDS
SECTION:
5-12-1: Definitions
5-12-2: Prohibition
5-12-3: Adult Entertainment Business License Required
5-12-4: Adult Entertainment Business License Application
5-12-5: Adult Entertainment Business License Investigation
5-12-6: Issuance Of Adult Entertainment Business License
5-12-7: Denial Of Adult Entertainment Business License
5-12-8: License Required For Managers And Entertainers Of Adult Entertainment Businesses
5-12-9: Manager And Entertainer License Application
5-12-10: Issuance Of License For Manager And Entertainer
5-12-11: License Renewal
5-12-12: Fees
5-12-13: Exemptions
5-12- 4: License Nontransferable
5-12-15: License — Posting And Display
5-12-16: Hours Of Operation
5-12-17: Persons Under Eighteen Prohibited
5-12-18: Alcohol Prohibited
5-1 -19: Record Keeping Requirements
5-12-20: Inspections - REPEALED
5-12-21: Facility Specifications For Adult Entertainment Businesses Providing Adult Live Entertainment
5-12-22: Owner Duties
5-12-23: Manager Duties
5-12-24: Standards Of Conduct Applicable To Employees Entertainers, Patrons And Customers In Adult
Entertainment Businesses Providing Adult Live Entertainment
5-12-25: Standards Of Conduct And Operation Applicable To Adult Entertainment Businesses That Are
Adult Arcades
5-12-26: Suspension Or Revocation Of License
5-12-27: Denial, Suspension Or Revocation Of License — Appeal
5-12-28: Limitations Of Liability
5-12-29:Criminal Penalties
5-12-30: Civil Penalty
5-12-31: Nuisance
Dekted:1
5-12- : Additional Enforcement
Deleted• 2
5-12-M: Severability
Deleted: 3
5-12-3R:Intent
5-12-1 DEFINITIONS:
For the purposes of this Chapter, the following terms and words are defined as follows:
ADULT ENTERTAINMENT BUSINESS:
A. Any enterprise which, for money or any other form of consideration, features "adult live entertainment" as
defined herein;
B. Any "adult motion picture theater" as defined in RMC 4-11-010;
C. Any adult arcade containing individual viewing areas or stations or booths, where for money or any other
form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or
other image -producing machines are used to show films, motion pictures, video cassettes, slides, or other
photographic reproduction of specified sexual activities or specified anatomical areas. (Amd. Ord. 4827, 1-
24-2000)
ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized by
specified sexual activities as defined in RMC 4-11-190. (Amd. Ord. 4827, 1-24-2000)
ADULT LIVE ENTERTAINMENT PERFORMANCE AREA: An area where adult live entertainment shall
occur.
APPLICANT: Any person who applies for an adult entertainment business license or an adult entertainment
manager or entertainer license.
CITY: The City of Renton, Washington.
CRIMINAL ACTIVITIES: Any conviction, bail forfeiture or adverse finding under Federal, State or local law
for actsincluding, but not limited to exual crimes against children, sexual abuse, rape, distribution of
Deleted: which
- - --- -- ansp.................. - -
obscenity, distribution of erotic material to minors, prostitution, prornoting prosttution, trorting persons Deleted: are
for purposes of prostitution or enticing or coercing persons to travel for purposes of prostitution, permitting
prostitution, patronizing a prostitute, pandering, racketeering, or violations of the Uniform Controlled
Substances Act.
DIRECTOR: The Finance and Information Services Administrator or his or her designee.
EMPLOYEE: Any person, including an independent contractor, who works in or at or Tenders any service
directly related to the operation of any adult entertainment business, whether or not such person is paid
compensation by the operator of said business.
ENTERTAINER: Any person who provides adult live entertainment in an adult entertainment business,
whether or not a fee is charged or accepted for such entertainment.
MANAGER: Any person who manages, directs, administers, or is in charge of the affairs and/or the conduct
of an adult entertainment business.
NUDE OR STATE OF NUDITY: The appearance or less than complete and opaque covering of the anus,
genitals, pubic region, buttocks, areola or nipple of the female breast, or any artificial depiction of the same.
OBSCENE: An activity or material that, taken as a whole, lacks serious literary, artistic, political, or scientific
value, and
A. Taken as a whole by an average person applying contemporary community standards, appeals to a
prurient interest in sex, or
B. Taken as a whole by an average person applying contemporary community standards, depicts patently
offensive representations of:
1. Ultimate sexual acts, normal or perverted, actual or simulated; or
2. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or
genital area; or
3. Violent or destructive sexual acts, including but not limited to human or animal mutilation,
dismemberment, rape or torture.
OWNER: The sole proprietor, significant stockholder, general partner, or significant limited partner of any
adult entertainment business.
PERSON: Any natural person; firm; joint venture, including all participants; partnership, including all
partners; association, social club, or fraternal organization, including all officers and directors; corporation,
including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any
other group or combination acting as a unit.
POLICE: The Police Department.
SATISFACTORY DOCUMENTATION:
A. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of
birth; or
B. An identification card bearing the applicant's photograph and date of birth issued by a Federal or State
government agency; or
C. A valid passport issued by the United States of America or any other country.
SPECIFIED SEXUAL ACTIVITY: As defined in RMC 4-11-190. (Amd. Ord. 4827, 1-24-2000)
SIGNIFICANT LIMITED PARTNER: Any person who owns twenty percent (20%) or greater interest in an
adult entertainment business.
SIGNIFICANT STOCKHOLDER: Any person who owns twenty percent (20%) or greater stock interest in an
adult entertainment business. (Ord. 4594, 4-8-1996)
5-12-2 PROHIBITION:
A person shall not use any property or premises for an adult entertainment business within the City, except
as permitted by City ordinance. (Ord. 4594, 4-8-1996)
5-12-3 ADULT ENTERTAINMENT BUSINESS LICENSE REQUIRED:
A. No person shall operate an adult entertainment business without a valid adult entertainment business
license issued by the City. The fact that a person possesses other types of State or County permits and/or
licenses does not exempt him/her from the requirement of obtaining an adult entertainment business
license. Any person granted a license pursuant to this Chapter shall operate an adult entertainment
business only under the name designated in the license and shall conduct business only for the specific type
of adult entertainment business specified in the license and at the location specified in the license. It is
unlawful for any person to operate or knowingly allow or cause to be operated an adult entertainment
business without an adult entertainment business license.
B. The Director is responsible for granting, denying, revoking, renewing, and suspending adult
entertainment business licenses. (Ord. 4594, 4-8-1996)
5-124 ADULT ENTERTAINMENT BUSINESS LICENSE APPLICATION:
A. An application for an adult entertainment business license shall be made on forms provided by the
Director and shall be signed by the applicant and notarized or certified to be true under penalty of perjury.
The completed application shall include the following information and documents:
1. If the applicant is:
a. A sole proprietor, he/she shall state his/her legal name, any aliases, stage names, previous names, date
of birth, optional disclosure of social security number, mailing address, residential address and "satisfactory
documentation", as defined herein, that he/she is eighteen (18) years of age or older.
b. A partnership, the partnership shall state:
(1) its complete name,
(2) The legal names, dates of birth and optional disclosure of social security numbers of all general partners
and significant limited partners, and "satisfactory documentation", as defined herein, that each general
partner and significant limited partner is eighteen (18) years of age or older,
(3) Whether the partnership is general or limited and a copy of the partnership agreement, if any exists,
(4) The mailing address for each general partner and significant limited partner or the address of the
registered office for service of process, if any exists,
(5) If any of the partners are corporations, the information required in subsection Al c below for each
corporation.
c. A corporation, the corporation shall state:
(1) Its complete name,
(2) The date of its incorporation,
(3) Evidence that the corporation is in good standing under the laws of the State of Washington,
(4) The legal names, dates of birth, optional disclosure of social security numbers, and capacity of all
officers, directors and significant stockholders, and satisfactory documentation that each is eighteen (18)
years of age or older,
(5) The name of the registered corporate agent,
(6) The address of the registered office for service of process, and
(7) In an affidavit from each officer, director, or signfiicant stockholder the relationship of each to the
corporation.
2. If the applicant has had any criminal activity or is currently serving a sentence for a criminal activity,
defined herein, within a five (5) year period immediately preceding the date of the application, and, if so, the
criminal act involved and the date and place of the criminal activity.
3. If the applicant has, within the last two (2) years, had a previous permit or license under this Chapter or
other similar ordinances from any other jurisdiction denied, suspended, or revoked, and, if so, the name and
location of the adult entertainment business for which the permit or license was denied, suspended, or
revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation.
4. If the applicant holds any other permits and/or licenses for an adult entertainment business in the City or
any other jurisdiction, and, N so, the names and locations of such other adult entertainment businesses.
5. The type of adult entertainment business license that is the subject of the license application.
6. The location of the proposed adult entertainment business, including a legal description of the property,
street address, and telephone number(s).
7. Two (2) two inch by two inch (2" x 2") color photographs of the applicant taken within sic (6) months of
the date of the application, showing only the full face of the applicant. The photographs shall be provided at
the applicant's expense.
8. A driver's license number and State or federally issued tax identification number for the applicant.
9. A complete set of fingerprints of the applicant utilizing fingerprint forms prescribed by the Director.
10. A sketch or diagram showing the configuration of the adult entertainment business, including a
statement of total floor space occupied by the business. The sketch or diagram must be drawn to a
designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or
minus six inches (t6").
11. Applicants for a license shall have a continuing duty to promptly supplement application information
required in the event that said information changes in any way from what is stated on the application. The
failure to comply with said continuing duty within thirty (30) days from the date of such change by
supplementing the application on file with the Director shall be grounds for suspension of a license.
12. The license fee as established in this Chapter. (Ord. 4594, 4-8-1996)
5-12.5 ADULT ENTERTAINMENT BUSINESS LICENSE INVESTIGATION: Deleted: d
Thepirector.shall refer an application for an adult entertainment business Dense to the following:
A. dire and Emer enc Services Department, the Community and, Economic Development Department,_and Deleted: The
all applicable the ublic Works Departments for reports on compNance with le fire, budding_ and zoning codes
Deleted: Department
of the City,
Deleted: the
B. The Seattle -King County Department of Public Health for a report on all applicable heath codes of King Planning/Building/Public Works
County, and Department
C. The Police Department for investigation and recommendation.
Each department shall submit a written response as to its recommendation on the issuance of a license
along with specific reasons and applicable laws if the recommendation is disapproval of the license. Such
reports shall be submitted within thirty (30) days from the date of the application for an adult entertainment
business license. The Director shall conduct an on -site inspection of the adult entertainment business prior
to issuing a license to ensure compliance with the requirements of this Chapter. (Ord. 4594, 44W996)
5-12-6 ISSUANCE OF ADULT ENTERTAINMENT BUSINESS LICENSE:
A. The Director shall issue an adult entertainment business license within forty five (45) days from the date
of the application unless one or more of the criteria set forth in Section 5-12-7 of this Chapter is present.
B. The license, if issued, shall state on its face the name of the person or persons to whom it is issued, the
specific type of adult entertainment business, the expiration date, and the address of the adult entertainment
business. The license shall have affixed to it one photograph of the applicant. The license shall expire one
year from the date the license was issued. (Ord. 4594, 4-8-1996)
5-12-7 DENIAL OF ADULT ENTERTAINMENT BUSINESS LICENSE:
The Director shall deny the adult entertainment business license and shall notify the applicant in writing of
such denial for any of the following reasons:
A. The applicant is under eighteen (18) years of age.
B. The applicant has failed to provide information required by the license application or this Chapter
C. The applicant has made a materially false statement in the application for a license which the applicant
knows to be false. "Materially false statement" means any false statement, oral or written, regardless of its
admissibility under the rules of evidence, which could have affected the course or outcome of the license
application.
D. The applicant is currently serving a sentence for a criminal activity as defined herein.
E. The applicant is currently under suspension or revocation of a license related to adult entertainment
issued by this City or any other jurisdiction for a violation which would be a violation under the provisions of
this Chapter.
F. The applicant is overdue on his/her payment to the City of fees, fines, or penalties assessed against
him/her or imposed upon him/her in relation to an adult entertainment business.
G. The applicant has failed to comply with all applicable requirements of fire, building, zoning and/or health
codes or laws of the City, County and/or State.
H. The applicant has failed to comply with any provision or requirement of this Chapter. (Ord. 4594, 4-8-
1996)
5-12.8 LICENSE REQUIRED FOR MANAGERS AND ENTERTAINERS OF ADULT
ENTERTAINMENT BUSINESSES:
No person shall act as a manager or entertainer at any adult entertainment business without having first
obtained a manager's or entertainer's license from the Director. (Ord. 4594, 4-8-1996)
5-12-9 MANAGER AND ENTERTAINER LICENSE APPLICATION:
An application for an adult entertainment business manager's or entertainer's license shall be made on
forms provided by the Director and shall be signed by the applicant and notarized or certified to be true
under penalty of perjury. The completed application shall contain a color photograph of the applicant to be
taken by the Director and shall contain the following:
A. The applicant's name, any aliases or previous names, any stage names or nicknames used in
entertaining, home address, home telephone number, date and place of birth, and optional disclosure of
social security number.
B. Whether the applicant had any criminal activity, defined herein, within a five (5) year period immediately
preceding the date of the application, and, if so, the criminal act involved and the date and place of the
criminal activity.
C. The names and addresses of all employers or individuals or businesses for whom the applicant was an
employee or independent contractor for the period of two (2) years immediately prior to the application date,
and the time period of such employment.
D. The name and address of each adult entertainment business at which the applicant intends to work as
an entertainer.
E. "Satisfactory documentation", as defined herein, that the applicant is eighteen (18) years of age or older
F. Evidence of the applicant having been fingerprinted from the Police Department.
G. The license fee as established in this Chapter. (Ord. 4594, 4-8-1996)
5-12-10 ISSUANCE OF LICENSE FOR MANAGER AND ENTERTAINER:
A. The Director shall issue an entertainer or manager license promptly upon receipt of the completed
application, evidence of fingerprinting by the Police Department, "satisfactory documentation", as defined
herein, that the applicant is eighteen (18) years of age or older and the license fee.
B. The license shall state on its face the name of the person to whom it is issued and the expiration date
The license shall expire one year from the date the license was issued.
C. The Director shall revoke a manager or entertainer license, for not more than one year, f such manager
or entertainer had a criminal activity, as defined herein, in association with adult entertainment, within the
preceding two (2) years for a misdemeanor or five (5) years for a felony. (Ord. 4594, 4-8-1996)
5-12-11 LICENSE RENEWAL:
A. An application for renewal of a license issued under this Chapter shall:
1. Be made on forms provided by the Director, signed by the applicant and notarized or certified to be true
under penalty of perjury, and submitted to the Director no later than thirty (30) days prior to the expiration of
such license; and
2. Include payment of the license fees as established in this Chapter.
B. All applicants for a license renewal shall present their current license for verification of identity, and upon
issuance of a renewed license, shall surrender the expiring license to the Director.
C. The Director shall renew a license upon submittal of the renewal application and review of the renewal
application and applicant's file, unless the Director is aware of fads from this review that would disqualify the
applicant from being issued the renewal license, and further provided that the application complies with all
provisions of this Chapter. (Ord. 4594, 4-8-1996)
5-1242 FEES:
Every person applying for a license under this Chapter shall pay the following nonrefundable fees with the
license application:
A. Adult entertainment business $750.00
B. Entertainer $75.00
C. Manager $75.00
D. License replacement $5.00
(Ord. 4594, 4-8-1996)
5-12-13 EXEMPTIONS:
This Chapter shall not be construed to prohibit:
A. A person appearing in a state of nudity or semi -nudity, modeling in a class operated by: a proprietary
school, licensed by the State of Washington; a college, junior college, or university supported entirely or
partly by taxation; a private college or university which maintains and operates educational programs in
which credits are transferable to a college, junior college, or university supported entirety or partly by
taxation;
B. Plays, operas, musicals, or other dramatic works that are not obscene;
C. Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene;
D. Exhibitions, performances, expression or dances that are not obscene. (Ord. 4594, 4-8-1996)
5-12-14 LICENSE NONTRANSFERABLE:
No license issued pursuant to this Chapter shall be transferable. (Ord. 4594, 4-8-1996)
5-12-15 LICENSE - POSTING AND DISPLAY:
A. Every adult entertainment business license shall be displayed in a prominent place within the adult
entertainment business.
B. Every entertainer and manager shall have his/her license in his/her work area so that it is readily
available for inspection by government licensing or law enforcement personnel. (Ord. 4594, 4-8-1996)
5-12-16 HOURS OF OPERATION:
It is unlawful for any adult entertainment business to be conducted, operated, or otherwise open to the public
between the hours of two o'clock (2:00) A.M. and ten o'clock (10:00) A.M. (Ord, 4594, 4-8-1996)
5-12-17 PERSONS UNDER EIGHTEEN PROHIBITED:
A. It is unlawful for any person under the age of eighteen (18) years to be in any adult entertainment
business;
B. It is unlawful for any owner, manager, or other person in charge of any adult entertainment business to
knowingly permit or allow any person under the age of eighteen (18) years to be in or upon such premises.
(Ord. 4594, 4-8-1996)
5-12-18 ALCOHOL PROHIBITED:
Alcoholic beverages are prohibited from being served or present at any adult entertainment business except
if the adult entertainment business licensee possesses a valid Washington State liquor license. (Ord. 4594,
4-8-1996)
5-12-19 RECORD KEEPING REQUIREMENTS:
A. Within thirty (30) days following each calendar quarter, each adult entertainment business licensee shall
file with the Director a report signed under penalty of perjury verifying the licensee's gross receipts and
amounts paid to entertainers for the preceding calendar quarter.
B. Each adult entertainment business licensee shall maintain and retain for a period of two (2) years from
the date of termination of employment, the names, addresses, social security numbers and ages of all
persons employed or otherwise retained as entertainers by the licensee.
C. Each adult entertainment business licensee shall maintain and retain for a period of two (2) years a
Deleted: d
record of the name and license of each entertained by shift and date. (Ord. 4594, 4-8-1996)
D. The information required under this Section shall be provided to the Director or his/her designee within
Deleted: A. All books and records
thirty (30) days of a written request made by the Director or his/her designee.
required to be kept pursuant to this
Chapter shall be open to inspection
5-12-20 INSPECTIONS: WILL BE REPEALED
by the Director or Police Department
during the hours of operation of the
adult entertainment business. The
aa 12-21 FACILITY SPECIFICATIONS FOR ADULT ENTERTAINMENT BUSINESSES
FACILITY
purpose o such inspectionsanshall o
p p ft
r.� ._... -- .................. .... ................... -- _..._--...................._____--- ........._ _ __ ......._._.....-... - ---- - _............ -- .._.......:'
PROVIDING ADULT LIVE ENTERTAINMENT:
s
determine if the books and records
et
meet the requirements of this
Chapter.¶
Adult entertainment business providing adult live entertainment must meet the following facility
B. The adult entertainment business
e open to inspection by the
specifications:
Director, oll
PoliceDepartment, fire or
health officials, or their designees
A. Any adult entertainment business performance area shall be at least twenty four inches (24) in elevation
during the hours when the adult
above the level of the patron seating areas, and shall be separated by a distance of at least six feet (6) from
entertainment business is open. The
Purpose of such inspection shall be to
ail areas of the premises to which patrons have access. A continuous railing at least three feet (3) in height,
determine rf the adult entertainment
attached to the floor, and located at least six feet (6) from all points of the adult five entertainment
business is operated in accordance
performance area shall separate an performance area and patron areas. Should an court of competent
P Pa Y Pe P Y �
with the requirements of this Chapter.
jurisdiction find the sot foot (6) separation to be unconstitutional, and there is any lesser distance of
It is hereby expressly declared that
separation that has been found constitutional or which the court finds constitutional, then this Section shall
unannounced inspections are
be deemed amended to provide for that lesser constitutional separation.
necessary to ensure compliance with
this Chapter. (Ord. 4594, 4-8-1996)1
B. Any adult entertainment business performance area must be visible from any entrance into the patron
areas. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction
whatsoever.
C. No activity or entertainment occurring on the premises shall be visible at any time from any public place.
D. No entertainer shall be visible from any public place during the entertainer's hours of employment, or
apparent hours of employment, on the premises.
E. Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which
are open to and used by patrons and customers. The standard for sufficient lighting shall be that during all
hours of operation all objects are plainly visible and a program, menu, or list printed in 8-point type is
readable by the human eye with 20120 vision from two feet (2) away.
F. Doors to areas on the premises which are available for use by persons other than the owner and/or
manager, or their agents or employees, may not be locked during business hours. (Ord. 4594, 4-8-1996)
5-12-22 OWNER DUTIES:
The owner of any adult entertainment business is responsible for the following:
A. The owner shall be responsible for ensuring that a licensed manager is on duty during all hours of
operation of the adult entertainment business.
B. The owner shall not knowingly allow a violation of this Code to exist or to continue to exist at the adult
entertainment business. (Ord. 4594, 4-8-1996)
5-12-23 MANAGER DUTIES:
The manager of any adult entertainment business is responsible for the following:
A. A licensed manager shall be on duty at any adult entertainment business during all hours of operation
and shah be present in or have a view of any adult live entertainment performance area and areas of the
adult entertainment business, excluding bathrooms, that are open to patrons and/or customers.
B. The manager shall verify that any entertainer who provides adult live entertainment within the adult
entertainment business possesses a current and valid entertainer's license.
C. The manager shall ensure that within six (6) hours after an entertainer has provided adult live
entertainment, such entertainer shah not serve in any other capacity, including but not limited to being a
licensed manager or waitperson.
D. The manager shall ensure that all patrons and customers are at least eighteen (18) years of age.
E. The manager shall not knowingly allow a violation of this Code to exist or to continue to exist at the adult
entertainment business. (Ord. 4594, 4-8-1996)
5-12-24 STANDARDS OF CONDUCT APPLICABLE TO EMPLOYEES ENTERTAINERS,
PATRONS AND CUSTOMERS IN ADULT ENTERTAINMENT BUSINESSES PROVIDING
ADULT LIVE ENTERTAINMENT:
A. The following standards of conduct must be adhered to at all times by employees, entertainers, patrons
and customers In adult entertainment businesses providing adult live entertainment.
1. No employee or entertainer may appear nude in any part of the premises open to view of patrons and/or
customers, except in an adult live entertainment performance area. No entertainer may perform anywhere
on the premises except in an adult live entertainment performance area.
2. No patron or customer shall go into or upon an adult five entertainment performance area.
employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely
and opaquely covered or wear or use any device or covering which simulates the same.
or exhibition is performed at a torso -to -torso distance of no less than four (4) feet from the patrons or
customers for whom the dance performance or exhibition is being performed.
5. No patron, customer, employee or entertainer shall engage in sexual activity on the premises of an adult
entertainment facility.
6. No employee or entertainer shall use artificial devices or inanimate objects to depict sexual activity.
7. No entertainer shall be visible from any public place outside the premises during the entertainer's hours
of employment or actual hours of employment.
8. No entertainer shall use any name other than the name(s) stated in the entertainer's application for
his/her entertainer license.
8. No patron or customer shall give to any entertainer any gratuity or other payment, except for a gratuity
for a performance in an adult live entertainment performance area. Any gratuity for such performance shall
be placed in a receptacle located at least six feet (6) away from the adult live entertainment performance
area.
10. No entertainer shall solicit, demand, accept, or receive any gratuity or other payment from a patron or
customer except for a gratuity for a performance in an adult live entertainment performance area. Any
gratuity for such performance shall be placed in a receptacle located at least six feet (6) away from the adult
live entertainment performance area.
At least two
readable in block print from twenty feet
........... ...
area of the adult cabaret or adult theab
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF RENTON:
a. Entertainers and/or patrons are not permitted to engage in any type of sexual activity on the premises;
b. Entertainers are not permitted to appear nude except in an adult five entertainment performance area;
c. Entertainers are not permitted to perform except in an adult five entertainment performance area;
d. Entertainers are prohibited fromeonducting any dance rformance or exhibit' n outside of the____________.
e. Entertainers are not permitted to solicit, demand, accept, or receive any gratuity or other payment from a
patron except a gratuity for a performance in an adult live entertainment performance area. Any gratuity for
Deleted: An entertainer is prohibited
from being present in areas of the
adult entertainment business that are
open to patrons and/or customers
within six (6) hours after the
entertainer has provided adult live
entertainment. Entertainers are
required to use restroom facilities that
are separate from restroom facilities
for patrons and/or customers.
Deleted: Within six (6) hours after an
entertainer has provided adult live
entertainment, no patron, customer,
employee or entertainer shall allow,
encourage, or permit physical contact
between such entertainer and patron
or customer.
Deleted: 11. Within six (6) hours
after an entertainer has provided
adult live entertainment, such
entertainer shall not serve in any
other capacity, including but not
limited to being a licensed manager
or waftperson.¶
Deleted; 2
Deleted: being present in areas of
the adult entertainment business that
are open to patrons or customers
within six hours after the entertainer
has provided adult live entertainment
such performance shall be placed in a receptacle located at least six feet away from the adult live
entertainment performance area;
f. Patrons shall not give to any entertainer any gratuity or other payment, except for a gratuity for a
performance in an adult live entertainment performance area. Any gratuity for such performance shall be
placed in a receptacle located at least six feet away from the adult live entertainment performance area;
g. Violations are subject to criminal prosecution.
1 No person may operate or maintain any kind of warning device or system for the purpose of waming or
- - --- ......... ......- -
aiding and abetting the warning of any employee, patron, customer or any other person that the police,
health, fire or building inspectors or other public officials are approaching or have entered the premises.
(Ord. 4594, 4-8-1994)
5-12-25 STANDARDS OF CONDUCT AND OPERATION APPLICABLE TO ADULT
ENTERTAINMENT BUSINESSES THAT ARE ADULT ARCADES:
All adult entertainment businesses that are adult arcades having
facilities for customers' viewing of depictions of human nudity and/or sexual conduct of any nature, including
depictions of "sexual activities", as defined herein, shall comply with the following:
A. Construction/Maintenance:
1. Each viewing area shall be visible from a manager's station at all times and shall not be obscured by any
curtain, door, wall, other enclosure, merchandise, display racks or other materials. As used in this Section,
"viewing area" means the area where a patron or customer may watch a film, video or other viewing device,
and includes any station or booth for individual viewing.
2. The premises shall be maintained in a clean and sanitary condition at all times.
3. Sufficient lighting shall be provided and equally distributed in or about the parts of the premises which
are open to and used by patrons and customers. The standard for sufficient lighting shall be that during all
hours of operation all objects are plainly visible and a program, menu or list printed in 8-point type is
readable by the human eye with 20/20 vision from two feet (2) away.
4. Restrooms may not contain video reproduction equipment.
5. No steps or risers are allowed in any adult arcade booth or station
6. No adult arcade station or booth shall have more than one seat. No seat within an adult arcade station or
booth shall have any seat back or side that obscures the occupant of an adult arcade station or booth from
view.
7. The floor coverings in adult arcade stations or booths shall be nonporous, easily cleaned surfaces and
shall not consist of rugs or carpeting.
8. The wail and ceiling surfaces of adult arcade stations or booths shall be constructed of, or permanently
covered by, nonporous, easily cleanable material, and shall not consist of wood, plywood, composition
board or other porous material within forty eight inches (48") of the floor.
9. All ventilation devices between the adult arcade stations or booths must be covered by a permanently
affixed ventilation cover. Ventilation holes may only be located one foot (1 ) from the top of the station or
booth walls or one foot (1 ) from the bottom of the station or booth walls. There may not be any other holes
or openings in the stations or booths.
10. Doors to areas on the premises which are available for use by persons other than the owner and/or
manager, or their agents or employees, may not be locked during business hours.
B. Unlawful Conduct: The following conductor activity is unlawful on the premises:
1. Masturbation or sexual activity of any kind, and/or
2. Two (2) or more customers in a viewing station or booth at the same time.
3. No person may operate any kind of warning device or system for the purpose of warning or aiding and
abetting the warning of any employee, patron, customer member or other persons that the police, health, fire
or building inspector or other public officials are approaching or have entered the premises.
4. No person under eighteen (18) years of age shall be permitted in such premises. The employees shall
check identification of all patrons and customers upon entering the premises.
C. Signs: At least two (2) signs, in English, readable in block print from twenty feet (20) away, shall be
conspicuously displayed on the premises advising customers using viewing stations or booths that:
1. Masturbation or sexual activity is prohibited and unlawful on the premises.
2. It is unlawful for more than one customer to occupy a viewing station or booth at anytime.
3. Violations are subject to criminal prosecution. (Ord. 4594, 4-8-1996)
5-12-26 SUSPENSION OR REVOCATION OF LICENSE:
A. The Director shall revoke or suspend, for not more than one year, any license issued under this Chapter,
and shall notify the license holder in writing of such action, if the Director determines that the license holder
has made with the intent to mislead a materially false statement in the application for a license or license
renewal. "Materially false statement" means any false statement, oral or written, regardless of its
admissibility under the rules of evidence, which could have affected the course or outcome of the license
application.
B. The Director shall revoke or suspend, for not more than two (2) years, any license issued under this
Chapter, and shall notify the license holder in writing of such action, I the Director determines that the
license holder:
1. Has a misdemeanor "criminal activity', as defined herein, arising out of an activity related to adult
entertainment, while licensed under this Chapter;
2. Is currently under suspension or revocation of a license related to adult entertainment issued by the City
or any other jurisdiction for a violation which would be a violation under the provisions of this Chapter;
3. Is adjudicated to be in violation of this Chapter, or in violation of a provision of another jurisdiction which
would be a violation under this Chapter, in accordance with the adjudicative proceedings pertaining to this
Chapter or by proceedings in another jurisdiction which would be equivalent to those of this Chapter.
C. The Director shall revoke or suspend, for not more than five (5) years, any license issued under this
Chapter, and shall notify the license holder in writing of such action, if the Director determines that the
license holder:
1. Has a felony "criminal activity", as defined herein, arising out of an activity related to adult entertainment,
while licensed under this Chapter;
2. Commits an act referred to under subsection B above for the second time while licensed under this
Chapter.
D. Upon receipt of a suspension or revocation of a license, the license holder shall promptly deliver the
license to the Director. However, if the suspension or revocation is appealed, the license holder need not
deliver the license to the Director until the appeal process is completed. In the case of a license suspension,
the Director shall return the license to the license holder at the expiration of the suspension period. (Ord.
4594,4-8-1994)
5-12-27 DENIAL, SUSPENSION OR REVOCATION OF LICENSE - APPEAL:
The appeals procedure set forth in Section 4-8-110 for appeals of administrative determinations shall apply
to appeals brought by any party aggrieved by actions of the Director pursuant to any section of this Chapter;
except that each of the following shall also apply: (Amd. Ord. 4723, 5-11-1998)
A. If an appeal is brought by any party aggrieved by action of the Director pursuant to any section of this
Chapter the status quo shall be maintained pending resolution of the controversy and the Director shall not
revoke or suspend the aggrieved party's license prior to resolution of the matter by the Hearing Examiner.
B. During the course of the appeal proceeding before the Hearing Examiner, the burden of proof shall be
upon the Director or his/her designee.
C. If review of a decision of the Hearing Examiner is allowed by general law and is timely sought by any
aggrieved party, the status quo shall be maintained pending resolution of the controversy and the Director
shall not revoke or suspend the aggrieved party's license prior to resolution of the matter. (Ord. 4594, 4-8-
1996)
5-12-28 LIMITATIONS OF LIABILITY:
None of the provisions of this Chapter are intended to create a cause of action or provide the basis for a
claim against the City, its officials, or employees for the performance or the failure to perform a duty or
obligation running to a specific individual or specific individuals. Any duty or obligation created herein is
intended to be a general duty or obligation running in favor of the general public. (Ord. 4594, 4-8-1996)
5-12-29 CRIMINAL PENALTIES:
Any person violating any of the conduct provisions of this Chapter, Section 5. 2 4 and Section 5-12-25,
shall, upon conviction, be guilty of a misdemeanor and punished by a fine not to exceed one thousand
dollars ($1,000.00) or by imprisonment in the City jail for not more than ninety (90) days, or both. (Ord. 4594,
4-8-1996)
5-1230 CIVIL PENALTY:
Any person who violates any provision of this Chapter, except the conduct standards of Sections 5-12-24
and 5-12-25, shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00)
per violation, to be directly assessed by the Director. The Director, in a reasonable manner, may vary the
amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of
the violator, the gravity of the violation, the number of past and present violations committed, and the good
Deleted: All civil penalties assessed
faith of the violator in attempting to achieve compliance after notification of the violation. .... ....... ........... ..:
will be enforced and collected in
accordance with the procedure
specified in Section 1-3-2. (Ord. 4594,
5-12-31 NUISANCE
4-8-1996: amd. Ord. 4723, 5-11-
1998)
A Public Nuisance Any adult entertainment business operated..conducted or maintained in violation of this
chapter or any law of the City or the state of Washinaton shall be and the same is declared to be unlawful
and a public nuisance The City may, in addition to or in lieu of any other remedies set forth in this chapter,
commence an action to enjoin remove or abate such nuisance pursuant to the provisions contained in RMC
1-3-3 NUISANCES and shall take such other steps and apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove such public nuisance and restrain and enjoin any
person from operating conducting or maintaining any adult entertainment businss contrary to the provisions
of this chapter and/or RMC 1-3-3.
civil penalty, in the manner provided by RCW 7.48A.
5-12�,,,,2 ADDITIONAL ENFORCEMENT:_..........._ ................... ..... .
the existence or use of any other remedy, the Director may seek legal or equitable relief to
enjoin any acts or practices which constitute or will constitute a violation of this Chapter or other regulation
herein adopted. (Ord. 5494, 4-8-1996)
5-12��3 SEVERABILITY: Deleted:2
If any portion of this Chapter as now or hereafter amended, or its application to any person or circumstance
is held invalid or unconstitutional, such adjudication shall not affect the validity of the Chapter as whole, or
any section, provision, or part thereof not adjudged to be invalid or unconstitutional, and its application to
other persons or circumstances shall not be affected. (Ord. 4594, 4-8-1996)
5-12 4INTENT: Deleted:3 --�
3:............._...................................._......_.................._.__...................._.._............................................................................. .......... - ..__............_....
It is the intent of this Chapter to regulate conduct and not to unconstitutionally interfere with State or Federal
constitutional rights. To the extent this Chapter implicates constitutional rights, it is the intent of this Chapter
to impose only reasonable time, place, and manner restrictions on those constitutional rights. Any reviewing
court should consider this statement of intent to arrive at an interpretation of this Chapter which is
constitutional. (Ord. 4594, 4-8-1996)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
12, ADULT ENTERTAINMENT STANDARDS, OF TITLE V (FINANCE AND BUSINESS
REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND THE
DEFINITION OF "CRIMINAL ACTIVITIES", TO REPEAL THE SECTION ENTITLED
"INSPECTIONS", AMEND THE REGULATIONS REGARDING LICENSING
INVESTIGATION, RECORD KEEPING AND STANDARDS OF CONDUCT AND TO
ADD A NEW SECTION ENTITLED "NUISANCE".
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 5-12-1, Definitions, of Chapter 12, Adult Entertainment
Standards, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code
of General Ordinances of the City of Renton, Washington", is hereby amended so the definition
of "Criminal Activities" reads as follows:
CRIMINAL ACTIVITIES: Any conviction, bail forfeiture or adverse finding under
Federal, State or local law for acts including, but not limited to, sexual crimes
against children, sexual abuse, rape, distribution of obscenity, distribution of
erotic material to minors, prostitution, promoting prostitution, transporting
persons for purposes of prostitution or enticing or coercing persons to travel for
purposes of prostitution, permitting prostitution, patronizing a prostitute,
pandering, racketeering, or violations of the Uniform Controlled Substances Act.
SECTION 11. Section 5-12-5, Adult Entertainment Business License
Investigation, of Chapter 12, Adult Entertainment Standards, of Title V (Finance and Business
1
ORDINANCE NO.
Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, "
Washington", is hereby amended to read as follows:
The Director shall refer an application for an adult entertainment business
license to the following:
A. The Fire and Emergency Services Department, the Community and Economic
Development Department, and the Public Works Department for reports on
compliance with all applicable fire, building and zoning codes of the City,
B. The Seattle -King County Department of Public Health for a report on all
applicable health codes of King County, and
C. The Police Department for investigation and recommendation.
Each department shall submit a written response as to its
recommendation on the issuance of a license along with specific reasons and
applicable laws if the recommendation is disapproval of the license. Such reports
shall be submitted within thirty (30) days from the date of the application for an
adult entertainment business license. The Director shall conduct an on -site
inspection of the adult entertainment business prior to issuing a license to
ensure compliance with the requirements of this Chapter.
SECTION III. Section 5-12-19, Record Keeping Requirements, of Chapter 12,
Adult Entertainment Standards, of Title V (Finance and Business Regulations) of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended to read as follows:
2
ORDINANCE NO.
A. Within thirty (30) days following each calendar quarter, each adult
entertainment business licensee shall file with the Director a report signed under
penalty of perjury verifying the licensee's gross receipts and amounts paid to
entertainers for the preceding calendar quarter.
B. Each adult entertainment business licensee shall maintain and retain for a
period of two (2) years from the date of termination of employment, the names,
addresses, social security numbers and ages of all persons employed or
otherwise retained as entertainers by the licensee.
C. Each adult entertainment business licensee shall maintain and retain for a
period of two (2) years a record of the name and license of each entertainer by
shift and date.
D. The information required under this Section shall be provided to the Director
or his/her designee within thirty (30) days of a written request made by the
Director or his/her designee.
SECTION IV. Section 5-12-20, Inspections, of Chapter 12, Adult Entertainment
Standards, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code
of General Ordinances of the City of Renton, Washington", is hereby repealed.
SECTION V. Section 5-12-24, Standards of Conduct Applicable to Employees,
Entertainers, Patrons and Customers in Adult Entertainment Businesses Providing Adult Live
Entertainment, of Chapter 12, Adult Entertainment Standards, of Title V (Finance and Business
Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington", is hereby amended to read as follows:
3
ORDINANCE NO.
A. The following standards of conduct must be adhered to at all times by
employees, entertainers, patrons and customers in adult entertainment
businesses providing adult live entertainment.
1. No employee or entertainer may appear nude in any part of the premises
open to view of patrons and/or customers, except in an adult live entertainment
performance area. No entertainer may perform anywhere on the premises
except in an adult live entertainment performance area.
2. No patron or customer shall go into or upon an adult live entertainment
performance area.
3. No employee or entertainer mingling with patrons or customers shall be
unclothed or in less than opaque and complete attire, costume or clothing so as
to expose to view any portion of the female breast below the top of the areola
or any portion of the pubic region, anus, buttocks, vulva or genitals; nor shall any
male employee or entertainer at any time appear with his genitals in a
discernibly turgid state, even if completely and opaquely covered, or wear or use
any device or covering which simulates the same.
4. No employee or entertainer mingling with patrons or customers shall
conduct any dance, performance or exhibition in or about the nonstage area of
the adult entertainment facility unless that dance, performance or exhibition is
performed at a torso -to -torso distance of no less than four (4) feet from the
patrons or customers for whom the dance, performance or exhibition is being
performed.
4
ORDINANCE NO.
5. No patron, customer, employee or entertainer shall engage in sexual activity
on the premises of an adult entertainment facility.
6. No employee or entertainer shall use artificial devices or inanimate objects to
depict sexual activity.
7. No entertainer shall be visible from any public place outside the premises
during the entertainer's hours of employment or actual hours of employment.
8. No entertainer shall use any name other than the name(s) stated in the
entertainer's application for his/her entertainer license.
9. No patron or customer shall give to any entertainer any gratuity or other
payment, except for a gratuity for a performance in an adult live entertainment
performance area. Any gratuity for such performance shall be placed in a
receptacle located at least six feet (6') away from the adult live entertainment
performance area.
10. No entertainer shall solicit, demand, accept, or receive any gratuity or other
payment from a patron or customer except for a gratuity for a performance in an
adult live entertainment performance area. Any gratuity for such performance
shall be placed in a receptacle located at least six feet (6') away from the adult
live entertainment performance area.
11. At least two (2) signs, in English, readable in block print from twenty feet
(20') away shall be conspicuously displayed in the public area of the adult
cabaret or adult theater stating the following:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF RENTON:
5
ORDINANCE NO.
a. Entertainers and/or patrons are not permitted to engage in any type of
sexual activity on the premises;
b. Entertainers are not permitted to appear nude except in an adult live
entertainment performance area;
c. Entertainers are not permitted to perform except in an adult live
entertainment performance area;
d. Entertainers are prohibited from conducting any dance, performance or
exhibition outside of the performance stage area of the adult entertainment
establishment unless that dance, performance or exhibition is performed at a
distance of no less than four (4) feet from the patrons or customers for whom
the dance, performance or exhibition is performed;
e. Entertainers are not permitted to solicit, demand, accept, or receive any
gratuity or other payment from a patron except a gratuity for a performance in
an adult live entertainment performance area. Any gratuity for such
performance shall be placed in a receptacle located at least six feet away from
the adult live entertainment performance area;
f. Patrons shall not give to any entertainer any gratuity or other payment,
except for a gratuity for a performance in an adult live entertainment
performance area. Any gratuity for such performance shall be placed in a
receptacle located at least six feet away from the adult live entertainment
performance area;
g. Violations are subject to criminal prosecution.
0
ORDINANCE NO.
12. No person may operate or maintain any kind of warning device or system for
the purpose of warning or aiding and abetting the warning of any employee,
patron, customer or any other person that the police, health, fire or building
inspectors or other public officials are approaching or have entered the
premises.
SECTION VI. Subsection B of section 5-12-27, Denial, Suspension or Revocation
of License — Appeal, of Chapter 12, Adult Entertainment Standards, of Title V (Finance and
Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Renton, Washington", is hereby amended to read as follows:
B. During the course of the appeal proceeding before the Hearing Examiner, the
burden of proof shall be upon the Director or his/her designee.
SECTION VII. Chapter 12, Adult Entertainment Standards, of Title V (Finance
and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended to add a new section 5-12-31 Nuisance, to
read as specified below, and to renumber the existing sections 5-12-31, 5-12-32, 5-12-33 and 5-
12-34.
5-12-31 NUISANCE
A. Public Nuisance. Any adult entertainment business operated, conducted, or
maintained in violation of this chapter or any law of the City or the state of
Washington shall be, and the same is, declared to be unlawful and a public
nuisance. The City may, in addition to or in lieu of any other remedies set forth in
this chapter, commence an action to enjoin, remove or abate such nuisance
6
ORDINANCE NO.
pursuant to the provisions contained in RMC 1-3-3 NUISANCES, and shall take
such other steps and apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such public nuisance, and restrain and
enjoin any person from operating, conducting or maintaining any adult
entertainment business contrary to the provisions of this chapter and/or RMC 1-
3-3.
B. Moral Nuisance. Any adult entertainment business operated, conducted or
maintained contrary to the provisions of RCW 7.48A Moral Nuisance, shall be,
and the same is declared to be, unlawful and a public and moral nuisance and
the City may, in addition to or in lieu of any other remedies set forth herein,
commence an action or actions, to abate, remove and enjoin such public and
moral nuisance, or impose a civil penalty, in the manner provided by RCW 7.48A.
SECTION Vill. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this day of.
APPROVED BY THE MAYOR this
Bonnie I. Walton, City Clerk
day of , 2009.
Denis Law, Mayor
:
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1563:6/17/09:scr
CITY OF RENTON COUNCIL AGENDA BILL
AI #: . ti •
Submitting Data: Public Works Department
For Agenda of-
Dept/Div/Board.. Transportation Systems Division
July 13, 2009
Agenda Status
Staff Contact...... James Wilhoit, Project Manager
(extension 7319)
Consent .............. X
Public Hearing..
Subject:
Correspondence.....
Sunset Boulevard North Pedestrian Guardrail
Ordinance .............
Replacement Contract with American Structures &
Resolution............
Design, Inc.
Old Business........
New Business....... X
Exhibits:
Study Sessions......
Issue Paper
Information.........
Contract Agreement
Recommended Action:
Approvals:
Legal Dept......... X
Council Concur
Finance Dept......
Fiscal Impact: (h00400/0000)
Expenditure Required... $ 27,931.26 Transfer/Amendment.......
Amount Budgeted....... $ 27,931.26 Revenue Generated.........
Total Project Budget $ 27,931.26 City Share Total Project $ 27,931.26
SUMMARY OF ACTION:
In 1998, construction was completed on the SR 900 HOV and Houser Way North Relocation Project
which included constructing an aluminum pedestrian guardrail over the Houser Way Bypass Tunnel, on
the west side of the southbound Exit 4 off -ramp from I-405. In 2004, a section of approximately
24 lineal feet was irreparably damaged from a vehicle collision. That section of guardrail was replaced
with steel by the Public Works Maintenance Division.
On July 2, 2008, 144 feet of guardrail (including the previously replaced 24 lineal feet) was irreparably
damaged due to another vehicle collision. The City will pursue reimbursement through the subrogation
process with the insurance carrier for the driver who was at fault.
American Structures & Design's quote is the least cost for replacement in kind.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a contract in the amount of $27,931.26 with American
Structures & Design, Inc. for replacement of 144 lineal feet of pedestrian guardrail on Sunset Boulevard
North over the Houser Way Bypass Tunnel.
H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\houser hndrl\2009\Agenda Bill handrail.doc
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: July 13, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerml min istrator
STAFF CONTACT: James Wilhoit, Transportation Design Project Manager
(extension 7319)
SUBJECT: Sunset Boulevard North Pedestrian Guardrail Replacement
Contract with American Structures & Design, Inc.
ISSUE:
Should Council authorize the Mayor and City Clerk to execute a contract in the amount
of $27,931.26 with American Structures & Design, Inc. for replacement of 144 lineal feet
of pedestrian guardrail on Sunset Boulevard North over the Houser Way Bypass Tunnel?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a contract in the amount of $27,931.26
with American Structures & Design, Inc. for replacement of 144 lineal feet (of pedestrian
guardrail on Sunset Boulevard North over the Houser Way Bypass Tunnel.
BACKGROUND:
In 1998, construction was completed on the SR 900 HOV and Houser Way North
Relocation Project which included constructing an aluminum pedestrian guardrail over
the Houser Way Bypass Tunnel, on the west side of the southbound Exit 4 off -ramp from
1-405. In 2004, a section of approximately 24 lineal feet was irreparably damaged from
a vehicle collision. That section of guardrail was replaced with steel by the Public Works
Maintenance Division.
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
July 13, 2009
On July 2, 2008, 144 feet of guardrail (including the previously replaced 24 lineal feet)
was irreparably damaged due to another vehicle collision. The City will pursue
reimbursement through the subrogation process with the insurance carrier for the
driver who was at fault.
American Structures & Design's quote is the least cost for replacement in kind.
cc: Peter Hahn, Deputy PW Administrator —Transportation
Bob Hanson, Transportation Design Supervisor
Chris Barnes, Transportation Operations Manager
Paulie Sulky, Risk Management
Connie Brundage, Administrative Secretary I
H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\iwilhoit\houser hndrl\2009\Issue Paper handrail.doc
1�Y o�
��'N`r��
PUBLIC WORKS DEPARTMENT
CONTRACT AGREEMENT
Sunset Boulevard North Pedestrian Guardrail Replacement
THIS AGREEMENT is made as of the day of , 2009, between the
CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY"
and AMERICAN STRUCTURES & DESIGN, INC. hereinafter referred to as "CONTRACTOR".
The City and Contractor agree as set forth below.
1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work
described in the Proposal which is included with this Agreement as Exhibit "A".
2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the
Services consisting of additions, deletions or modifications, the Contract Sum being adjusted
accordingly. Such changes in the work shall be authorized by written Change Order signed by the City
and the Contractor.
3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten
(10) calendar days after Contract's final execution, and shall complete the full performance of the
Contract not later than 45 calendar days from the date of commencement.
4. Term Of Contract. The Term of this Agreement shall end at completion of the enclosed scope of work.
This Agreement may be extended to accomplish change orders, if required, upon mutual written
agreement of the City and the Contractor.
5. Contract Sum. The total amount of this Contract is the lump sum of $27,931.26 which
includes Washington State Sales Tax. (figures only)
6. Method of Payment. Payment by the City for the Services will only be made after the Services have
been performed and a voucher or invoice is submitted in the form specified by the City. Payment will
be made thirty (30) days after receipt of such voucher or invoice. The City shall have the right to
withhold payment to the Contractor for any work not completed in a satisfactory manner until such time
as the Contractor modifies such work so that the same is satisfactory.
7. Employment. The Contractor's employees are not employees of the City of Renton.
8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this
Contract without express written consent of the City of Renton.
9. Record Keeping and Reporting. The Contractor shall maintain accounts and records, which properly
reflect all direct and indirect costs expended and services provided in the performance of this
Agreement. The Contractor agrees to provide access to any records required by the City.
Sunset Boulevard North Pedestrian Guardrail Replacement
10. Hold Harmless. The Contractor shall indemnify and hold the City, its officers, employees, agents and
representative harmless from any and all claims, demands and actions based upon or arising out of
alleged errors, omissions or acts of negligence of the Contractor or its associates, employees, sub-
contractors or other agents while performing service under this Agreement. It is understood and
agreed that the Contractor's general liability insurance policies defend, or shall be endorsed to defend,
the City from claims of bodily injury and/or property damage arising out of any alleged acts of
negligence of the Contractor or its associates, employees, sub -contractors or other agents while
performing services under this Agreement. "It is specifically understood that the indemnification
provided herein constitutes the contractor's waive of immunity under the Industrial Insurance Act, Title
51 RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this Agreement."
11. Insurance. The Contractor shall maintain throughout the duration of this contract the following
insurance requirements: General Liability insurance in the amount of $1,000,000 per ,
occurrence/$2,000,000 aggregate; Professional Liability insurance in the amount of $1,000,000 per
claim; Automobile Liability in the amount of $1,000,000 per accident; and proof of Workers'
Compensation coverage. The City of Renton will be named as a PRIMARY & NON-CONTRIBUTORY
Additional Insured on the insurance policy and an endorsement stating such shall be provided.
12. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the
services in accordance with all applicable federal, state, county and city laws, codes and ordinances.
13. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City
of Renton contract shall prevail.
14. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State
prevailing wage requirements as set forth in the Contract Documents.
This Agreement is entered into as of the day and year written above.
CONTRACTOR CITY OF RENTON
Signature Signature
Denis Law, Mayor
Printed Name and Title Printed Name and Title
AMERICAN STRUCTURES & DESIGN. INC.
Business Name
20133 Southeast 353rd Street
Mailing Address
Auburn WA 98035
city State Zip
253-833-4545
Telephone
EXHIBIT A
Proposal
The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and
Municipal Construction, 2008 edition, as issued by the Washington State Department of Transportation (WSDOT).
Also incorporated into the Contract Documents by reference are:
Manual on Uniform Traffic Control Devices for Streets and Highways, current edition
City of Renton Standard Plans
Contractor shall obtain copies of these publications, at Contractor's own expense.
The CONTRACTOR shall furnish & Install 144 LF of Aluminum Guardrail as described on EXHIBIT B (AMERICAN
STRUCTURES & DESIGN INC. Agreement form)
All additional materials and labor, not shown in the Plans or called for herein and which are required to complete the
system, shall be included in the lump sum contract price for a complete system to be furnished and installed.
The Contracting Agency is prohibited by RCW 39.06.010 from executing a contract with a Contractor who is not
registered or licensed as required by the laws of the state. In addition, the Contracting Agency requires persons
doing business with the Contracting Agency to possess a valid City of Renton Business license prior to award. The
Contracting Agency requires legible copies of the Contractor's Registration and business license be submitted to the
Engineer as part of the Contracting Agency's post -award information and evaluation activities.
Page 1 of 1
CAN STRUCTURES & J10M
20133 Southeast 353rd Street
Auburn, Washington 98092
p/253.833.4343 f/253.833.4545
rhonda@americanstructures.com
AGREEMENT
CUSTOMER City of Renton INSTALLATION ADDRESS
BILLING 1055 S Grady Way Hwy 405 - Exit 4
ADDRESS Renton, WA 98057 Off ramp - right hand side
PHONE 425-430-7319
FAX 425-430-7376
CONTACT James P. Wilhoit, PE
Furnish & Install The Following Material Package:
144 lin ft of Aluminum Guardrail - Custom Welded & Anodized
- custom sleeves to fit into existing rail
iwilhoit(a)rentonwa. gov
Framework- 42" w/ 1- 1/2" top and bottom rail (1.9" OD) Schedule 40 pipe, 1/2" pickets (0.84" OD) Schedule 40
pipe with 4" max spacing
Posts - @ 6' spacing - 1 1/2" (1.9" OD) Schedule 40 pipe with welded base plates and expansion bolts
over existing post locations. Remaining material from removed posts should be ground down flush with
concrete surface and cleaned with water prior to placement of base plates.
Aluminum - high strength alloy 6005-T5 with 215-R1 class 1 clear anodized finish per AAM10C22A541.
3 year workmanship warranty.
Installation:
AS&D to remove damaged rail and replace with new. AS&D to drop off new railing in the AM and cone
one lane and then move truck in order to reopen lane for traffic. No power available - generator needed
All work to be done in a professional manner.
All materials to be wiped down clean + work area to be picked up upon completion of job.
Pricing does not include any permits, engineering, acquisition fees or applicable state tax.
$25, 508.00 1
CONDITIONS OF AGREEMENT
1. WORK TO BE DONE. Customer wants American Structures & Design to design, fabricate, and install awnings, signs, and/or related labor and materials
as described above. Job Cost $25, 508.00
2. PAYMENT FOR WORK. Customer agrees to pay American Structures and Design a 50% deposit upon execution of this Agreement, with balance due Option #1
upon completion of work and billing to the customer. Upon completion of a credit application, customer may be qualified for terms of Net 30 days on the
balance due. In the event that payment becomes delinquent Customer agrees to pay all finance charges and any associated collections costs.
Option.#2
3. MODIFICATIONS OF AGREEMENT. This agreement can only be modified in writing, signed by both customer and American Structures and Design and
specifically agreeing to this agreement by date. There are no other agreements, oral or written (except this Agreement itself), that apply.
Graphics
4. Right to Remove. If customer fails to make full and timely payment for the work covered by this Agreement (and any written modifications of it), Customer
agrees that American Structures and Design can remove awnings, signs, and other materials for whatever salvage value they have, and Customer will receive
Electrical
credit from American Structures and Design for that salvage value against the unpaid balance of that Customer's debt to American Structures and Design. In
the event of such removal, American Structures and Design will take care to return the premises inasmuch as reasonably possible, to its condition as of the
date of this Agreement
Permits
5. Building Penults and Licenses. If the work covered by this Agreement will require a building permit or license from local government authorities,
CUSTOMER is responsible for all costs associated with obtaining permits or licenses including any additional engineering required by local government
authorities.
Subtotal $25,508.00
6. Attorney Fees and Costs. If either CUSTOMER or AMERICAN STRUCTURES & DESIGN incurs attorney fees and/or costs to enforce any part of this
Agreement, the substantially prevailing party is entitled to recover those fees from the other party.
NOTICE TO CUSTOMER
American Structures & Design is registered with the State of Washington, registration number AMERISD012M9, as a specialty
contractor, and has posted with the State a bond of $12,000 for the purpose of satisfying claims against the contractor for negligent or
improperor work or breach of contract in the conduct of the contactol's business. This contractors registration expires on 10/03/2010,
and is renewed annually. This bond may not be sufficient to cover a claim which might arise from the work done under your contract. If
any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contract
or subcontractor on your job, your property maybe liened to force payment. If you wish additional protection you may request the
contractor to provide you with original 'lien release" documents for each supplier or subcontractor on your project. The contractor is
required to provide you with further information about lien release documents if you request it. General information is also available from
the npnnrtmpnt of I ahnr and Inductrips
ACCEPTED AT
THIS DAY OF
Rhonda L. Yakubow
(Customer) (American Structures & Design)
Sales Tax $2.423.261
otal $27,931.261
Less Deposit $0.001
Balance Due $27,931.26
20
06/30/2009
CITY OF RENTON COUNCIL AGENDA BILL
submitting Data: Public Works Department
Dept/Div/Board.. Transportation Systems Division
Staff Contact...... Ryan Zulauf, Airport Manager,
extension 7471
Approval of Supplement No. 1 to URS Corporation's
Contract CAG-08-136
Issue Paper
No. 1 to CAG-08-136
Al #:
or
13, 2009
Consent .............. X
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........ .
New Business....... X
Study Sessions......
Information........ .
Recommended Action: Approvals:
Legal Dept......... X
Council Concur Finance Dept......
Other.
Fiscal Impact:
Expenditure Required... $ 270,370.00 Transfer/Amendment.......
Amount Budgeted....... $4,251,657.00 Revenue Generated.........
Total Project Budget $4,251,657.00 City Share Total Project..
SUMMARY OF ACTION:
The Federal Aviation Administration (FAA) is requiring that FAA Acceptance Testing, Engineering and
Inspection be done during the resurfacing of the Airport's runway. The City has contracted with ICON
Materials to perform the construction work and would like to contract with URS Corporation to perform
the project administration, testing, engineering and inspection because URS designed and engineered the
project. Actual construction begins July 31, 2009.
A supplement to contract CAG-08-136 with URS Corporation to add the required testing, engineering,
and inspection of the runway resurfacing project is needed. The amount of the supplement is not to
exceed $270,370, including state tax, and will increase the total contract amount from $23,755.41 to
$294,125.41. As required by the FAA, a third party estimate was obtained from WHPacific and that
estimate for the same scope of work was $59,765 more than the URS proposal.
The budgeted amount for this project is $4,251,657. This project is being funded by a federal grant at
95percent of the total project cost, with revenue generated from Airport tenants covering the remaining
5percent grant match.
STAFF RECOMMENDATION:
Approve Supplement No. 1 to the URS Corporation contract #CAG-08-136 in the amount of $270,370 for
the Runway 16/34 Resurfacing Project.
HAFile Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Ag Bill - Suppl I to URS Contract Rwy Paving\Ag Bill Suppl #1 to URS
contract.doc
PUBLIC WORKS DEPARTMENT City of
M E M O R A N D U M
DATE: July 13, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman,(A ministrator
STAFF CONTACT: Ryan Zulauf, Airport Manager (extension 7471)
SUBJECT: Approval of Supplement No. 1 to URS Corporation's
Contract CAG-08-136
ISSUE:
Should Council approve a supplement to CAG-08-136 with URS Corporation in the amount of
$270,370 for the Runway 16/34 Resurfacing Project?
RECOMMENDATION:
Approve Supplement No. 1 to the URS Corporation contract #CAG-08-136 in the amount of
$270,370 for the Runway 16/34 Resurfacing Project.
BACKGROUND SUMMARY:
The Federal Aviation Administration (FAA) is requiring that FAA Acceptance Testing,
Engineering and Inspection be done during the resurfacing of the Airport's runway. The City
has contracted with ICON Materials to perform the construction work and would like to
contract with URS Corporation to perform the project administration, testing, engineering
and inspection because URS designed and engineered the project. Actual construction
begins July 31, 2009.
A supplement to contract CAG-08-136 with URS Corporation to add the required testing,
engineering and inspection of the runway resurfacing project is needed. The amount of the
supplement is not to exceed $270,370, including state tax, and will increase the total
contract amount from $23,755.41 to $294,125.41. As required by the FAA, a third party
estimate was obtained from WHPacific and that estimate for the same scope of work was
$59,765 more than the URS proposal.
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
July 13, 2009
The budgeted amount for this project is $4,251,657. This project is being funded by a
federal grant at 95 percent of the total project cost, with revenue generated from Airport
tenants covering the remaining 5 percent grant match.
cc: Peter Hahn, Deputy PW Administrator —Transportation
Ryan Zulauf, Airport Manager
1oAnn Wykpisz, Principal Financial and Administrative Analyst
Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Rehr/Carolyn Currie, Airport Secretary
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Ag Bill - Suppl 1 To URS Contract Rwy Paving\Issue
Paper Suppl 1 URS.Doc
� Washington State
vI/ Department of Transportation
;ity of Renton
Federal Aid Project Number
Local Agency Agreement Supplement
Agreement Number
CAG-08-136
upplement Number
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
The Local Agency desires to supplement the agreement entered into and executed on
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Project Description
Name Renton Municipal Airport Runway Rehabilitation Improvement Project- Ph Length
Termini
Description of Work ❑ No Change
FAA Acceptance Testing, Engineering and Inspection. See attached Exhibit 1 - Scope of Services and Exhibit 2 - Fee
Estimate
Reason for Supplement
Supplement authorizes additional services required under Phase 3
Does this change require additional Right of Way or Easements? ❑ Yes ® No
Estimate of Funding
Type of Work
(1) (2) (3) (4) (5)
Previous ated Estimated Total EstimAgency Estimated
Supplement
A reement/Suppl. Project Funds Funds Federal Funds
e a. Agency
23,755.41
270,370.00
294,125.41
0/0 b.Other
c. Other
Federal Aid d. State
Participation
Ratio for PE e. Total PE Cost Estimate (a+b+c+d)
23,755.41
270,370.00
294,125.41
Right of Way f. Agency
% q. Other
Federal Aid h. Other
-----
Participation — - ——:._...--- -- — ---
---
Ratio for RW i. State
Total R/W Cost Estimate f+ +h+i
Construction k. Contract
I. Other
m. other
n. Other
o. Agency _
Federal Aid
P State
Participation . _ —
Ratio for CN Total CN Cost Estimate k+l+m+n+o+
I.
r. Total Project Cost Estimate a+'+
23,755.411
70,370.00
294,125.41
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
"nency Official URS Corporation
"y — ----- --- --- --- - ... — -- -- BY
Title nenis Law, Mayor Katy Chaney, Vice President
City-ofR-enton---_-__— Date Executed 14ALI 1
DOT Form 140-041 EF
Revised 1/2007
SCOPE OF SERVICES
TASK 3: FAA ACCEPTANCE TESTING, ENGINEERING AND INSPECTION
for
RENTON MUNICIPAL AIRPORT
RUNWAY 16-34 REHABILITATION IMPROVEMENT PROJECT
INTRODUCTION
This Amendment is to be incorporated into the current professional services under Contract No. CAG 08-
1 36 and includes the special testing and inspection services for the RENTON MUNICIPAL AIRPORT
RUNWAY 16-34 REHABILITATION IMPROVEMENT PROJECT. This Amendment is to revise the. Scope
of Services submitted under "Exhibit A" to include all necessary engineering, testing and inspection
services per the attached fee schedule.
DETAILED SCOPE OF SERVICES for TASK 3.0 — FAA Acceptance Testing, Engineering and
Inspection
3.1 Project Management and Administration - Provide project management and administration
functions to successfully execute the work. This includes meetings and coordination with engineering
and field staff, managing subconsultants, maintaining files, and preparing monthly progress reports
and invoice summaries.
• Provide monthly reports of the activities for the preceding month as specified in the contract
documents.
• Prepare and maintain project filing systems, monitor correspondence and meeting minutes,
monitor construction against plans specifications for adequacy.
• Manage subconsultants for the construction phase services; maintain URS contract files;
coordinate contract activity with the Airport's Contract Administrator.
• Attend weekly construction and additional on -site meetings as may be required.
3.2 Construction Administration — Provide office engineering support to administer the construction
contract in conformance with the contract plans and specifications. Activities include the following:
• Preconstruction Activities and Coordination.
• Review all contractor submittals and shop drawings.
• Prepare change orders.
• Prepare responses to RFI's.
• Provide Technical Representative to participate in pre -construction planning activities and weekly
construction meetings at the Airport to coordinate progress of the construction.
3.3 Resident Engineering and Inspection - Provide field representatives to perform job -site construction
inspections, monitor and document construction progress, conformance with schedules, conformance
with airfield operational requirements, and conformance with construction plans and specifications.
Prepare daily activity reports documenting construction progress, including installation of material;
number of workers and hours and significant conversations, observations, and/or situations that affect
the progress of the work and prepare FAA weekly summaries of work.
• Prepare and maintain separate logs for project correspondence, payroll information, RFI's, change
proposals, change orders, daily and weekly inspection reports, material quantities and pay
estimates.
• Take and distribute meeting notes. Provide a draft copy for comment and review within one day.
Upon receiving comments, revise meeting notes incorporating applicable comments and changes.
Page! of 2
Distribute electronically via email to the FAA and all attendees within one day after receiving
comments.
Review Contractor's payment requests including review of certified payrolls for compliance with
the Contract Documents. Authorize payment request or identify any cause for disapproval within
six days of receipt from the Contractor.
Acceptance Testing - Conduct Asphalt, subgrade soil, and aggregate base, acceptance and
control testing. Coordinate and document all acceptance testing.
3.4 Final Inspections and Punch list - Within 2 days from the Contractors notification that the
construction phase is complete, prepare a punch list and completion schedule for review. Conduct re -
inspections as necessary to ensure completion of punch list items.
3.5 Preparation of Record Drawings - Prepare record drawings. Deliver one set of full size prints, two
sets of 11" x 17" prints, and two electronic copies of record drawings in AutoCAD and PDF format for
the project to the Airport and FAA.
3.6 Final Report - Prepare a Final Report and closeout documentation for the project and submit to the
City and FAA
DELIVERABLES
• Meeting minutes for all meetings attended.
• Responses to requests for information (RFI's), the schedule of values, and change proposal
requests.
• Daily construction activity reports.
• Prepare Change Proposal forms.
• Review Change Orders:
• Soil, aggregate, asphalt and concrete acceptance and control test results.
• Punch list and re -inspection reports.
Page 2 of 2
Renton Municipal Airport
Task 3.0 - FAA Acceptance Testing and Inspection Services
Fee Estimate
Task 3.0: FAA Acceptance Testing, Engineering and Inspection
Services
PM / RESIDENT
ENGINEER
RESIDENT
ENGINEER - PM
P-401/P-501 PWL
ENGINEER
ELECTRICAL
ENGINEER
INSPECTOR -AM
/ CADD DESIGN
INSPECTOR -PM
ADMIN
Totals
Rate
w
Rate
-
ate
v
Rate
.Mo
Rate
, fy€
y
Rate
W- - >' ?Rater
10 r
Direct
Hours
Cost
Hours
Costs
Hours
Cost
Hoursl
Cost
Hours
Cost
Hours
Cost
Hours
Cost
Hours
Cost
ar 'tan'. :: �s
;n3 to �. arl» ' 't: n m a s A
Project Management - Staffing, Invoices Budgets
�,
,:'
is
�.:
._...
�"
5
„�.
y
-
$0
,
,
h
$0
»�
m
$0
`
a 2,
at IS52
,32 <s:;,
$5 440
��s .$
$0
$0
$220
36
$5 660
Prepare/Maintain Project Filin /Document Control
Rfi
$2 720
� _
$0
�, -
$0
$0
;��
$0
ti-
$0
4
$220
20
$2 940
Attend Weekl and Dail Construction Meetings
>x ; tCitCt
ReviewSubmittals an o rawin s
Wit,
$2 720
�� -
,< „
$0
�:.: a
•,
$0
-
NOW,
$0
z
y
$0
3 _
$0
<.v
40 ,
Ink-
$2 200
56
$4,920
-,
Prepare ChangeOrders�
Pre are Res onses to RFI's
NW& ` �
$2 720
$0
� ; 24
$3.360
W,
$0
$0
a ,
$0
$0
40
$6 080
Pre onsWction and Coordination Activities - 4 weeks
$0,0.
6 800
A0
5 000;:
2,240
��.6
0
�,
0
$0.�
0
96
14 040
tt ei3. 4 n'ilil'; 6stri ma. _ d
Resident En ineerin , Testin and Ins ection
,!tW,-
.,.
$33 320
�00;;0
..
139830x-;
1:08�F
$13 500
st,,;242, N
$29 680
40 f_
$5,800
20,0
$16 000
f346
$41 520
$0
1102
$139 820
S -;- ` Y ,. Ii1Yo In .e... '- ,.. ,:_-. �'�'?,,;� -
Final ns ection an un Lists-
m a.:•. ,,s
..:, :VON
„� '
Via.« ,�°';..
-
zex
1
w
Prepare Record Draw] s
4a �4
$680
$1 000
1
$0
§4f
$580
60
$4 800
$Ov
$0
76
$7,060
;--
Prepare Final Report and Close Out Documentation
"�a.`:x...__,.<
s 4
aY,.,,.
$4,080
. ,<.:�-"��'a+a"?T•
.a,° -
0
,- .:
�
..�_
a
`.'
�,'
..t„
;, 104..E
ice_ 1Q¢880:•"
$5 600
$0
�7,
$0
$2,200
104
$11 880
Task 3.0: Labor Totals
376
$63 920
164
$20 50C
348
$48,72011
$6 380
260
$20 800
346
S41 520
88
$4 840
1626
$206 680
TEST, INSPECTION
FAA Ao prenm Testing Fse.A
CITY OF RENTON COUNCIL AGENDA BILL
r
Flu #:
Submitting Data: Public Works
For Agenda of:
Dept/Div/Board.. Surface Water Utility
July 13, 2009
Agenda Status
Staff Contact...... Ron Straka, x7248
Steve Lee, x7205
Consent .............. X
Public Hearing..
Subject:
King County Reimbursement -Commitment to Pay
Correspondence..
Landsburg Gravel Supplementation Mitigation Project,
Ordinance .............
Addendum #7 to CAG-02-134
Resolution............
Old Business........
New Business.......
Exhibits:
Issue Paper
Study Sessions......
Reimbursement — Commitment to Pay Agreement
Information.........
Recommended Action:
Approvals:
Council Concur
Legal Dept......... X
Finance Dept......
Other... ...
Fiscal Impact:
Expenditure Required... $ 62,005.94 Transfer/Amendment.......
Amount Budgeted....... $250,000.00 Revenue Generated.........
Total Project Budget $250,000.00 City Share Total Project..
SUMMARY OF ACTION:
The Surface Water Utility is required to add 10,000 cubic yards of spawning gravel to the Cedar
River near Landsburg, WA over approximately 10 years (about 1,000 cubic yards per year) as
mitigation for the USACE Section 205 Cedar River Project. Implementation of this multi -year
mitigation project is required by the Hydraulic Project Approval permit issued by the Washington
State Department of Fish and Wildlife.
The City has contracted with the King County Transportation Roads Maintenance Division to
construct the spawning gravel supplementation project since 2000 due to its extensive in -stream
construction experience.
Resolution No. 3464 authorized the Mayor and City Clerk to enter into an agreement between the
King County Department of Transportation Road Maintenance Division and the City of Renton for
the purpose of implementing the Landsburg Gravel Supplementation Mitigation Project for the first
and all subsequent years of the project. CAG-02-134 is the executed agreement between King
County and the City detailing the scope of work (same work each year), insurance issues and
reimbursement.
The estimated cost to implement the 2009 Landsburg Gravel Supplementation project is
approximately $62,005.94. King County will be paid for the actual cost to complete the construction.
Sufficient funding is appropriated in the Surface Water Utility 2009 Capital Improvement Program
for the Cedar River Sediment Management Project (Acct #427.U65185).
STAFF RECOMMENDATION:
Approve and execute Addendum #7 to the CAG-02-134, Reimbursement - Commitment to Pay
Agreement, with the King County Road Maintenance Division to implement the ninth year of the
Landsburg Gravel Supplementation Mitigation Project, in the amount of $62,005.94.
H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3045 Landsburg Gravel Supplementation Project\Construction\1643
Documents\Agenda Bill - 2009.doc\SLaw
PUBLIC WORKS DEPARTMENT p City of
M E M O R A N D U M
DATE: June 30, 2009
TO: Randy Corman, Council President
�" Members of the Renton City Council
VIA: r Denis Law, Mayor
FROM: Gregg Zimmerman A ministrator
STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248)
Steve Lee, Surface Water Utility Engineer (ext. 7205)
SUBJECT: King County Reimbursement — Commitment to Pay
Landsburg Gravel Supplementation Mitigation Project,
Addendum #7 to CAG-02-134
ISSUE:
Should the City of Renton continue construction of the Landsburg gravel berm and
execute a Reimbursement - Commitment to Pay Agreement with the King County
Department of Transportation Road Maintenance Division, in the amount of
$62,005.94?
RECOMMENDATION:
Approve and execute Addendum #7 to the CAG-02-134, Reimbursement - Commitment
to Pay Agreement, with the King County Road Maintenance Division to implement the
ninth year of the Landsburg Gravel Supplementation Mitigation Project, in the amount
of $62,005.94.
BACKGROUND:
The Surface Water Utility is required to add 10,000 cubic yards of spawning gravel to the
Cedar River near Landsburg (about 1,000 cubic yards per year) as mitigation for the
USACE Section 205 Flood Reduction Project. Implementation of this multi -year
mitigation project is required by the Hydraulic Project Approval permit issued by the
Washington State Department of Fish and Wildlife (WDFW).
The project goal is salmonid spawning habitat improvement in the upper Cedar River, as
spawning activity has appeared to dwindle in the upper reaches of the watershed as
compared to the lower watershed. The precise cause of the low spawning activity in the
Council/Landsburg Gravel Add 7 to CAG 02-134
June 30, 2009
Page 2 of 2
upper watershed has not been determined, but WDFW believes that a major
contributing factor is the lack of spawning gravel below the Landsburg Bridge.
Adding the spawning gravel to the river near Landsburg is anticipated to increase the
quality of the spawning habitat, and subsequently increase the salmonid spawning
activity.
The spawning gravel was originally dredged from the lower Cedar River in 1998, and is
currently stored at the City's NARCO site. The Surface Water Utility anticipates about
1,000 cubic yards of gravel will be transported and subsequently added to the
Cedar River over 10 to 15 years starting in 2000.
The estimated cost for King County to implement the tenth year of the Landsburg Gravel
Supplementation Project is approximately $62,005.94. King County will be paid for the
actual cost to complete the construction. Sufficient funding ($250,000.00) for this
project is in the approved Surface Water Utility 2009 Capital Improvement Program
appropriation for the Cedar River Sediment Management Program (Acct #427.U65185).
Resolution No. 3464 (attached) authorized the Mayor and City Clerk to enter into an
agreement between the King County Department of Transportation Road Maintenance
Division and the City of Renton for the purpose of implementing the Landsburg Gravel
Supplementation Mitigation Project the first and all subsequent years of the project.
CAG-02-134 is the executed agreement between King County and the City detailing the
scope of work, insurance issues, and reimbursement.
CONCLUSION:
Continue the construction of the Landsburg gravel berm and execute a Reimbursement -
Commitment to Pay Agreement with the King County Department of Transportation
Road Maintenance Division, in the amount of $62,005.94, to satisfy the mitigation
requirement for the USACE Section 205 Flood Reduction Project.
cc: Lys Hornsby, Utility Systems Director
File
h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3045 landsburg gravel
supplementation project\construction\1643 documents\issue paper - 2009 new format. d oc\STLaw
a
King County
Department of Transportation
Road Services Division
Reimbursement - Commitment To Pay
Date: 6/15/09
Time: 12:45 p.m.
Project No.: M40773
Problem Description (Details of Request): Reimbursement for the following work requested by the City of
Renton Surface Water Utility:
Add approximately 1,000 cubic yards of spawning gravel to the Cedar River between approximately 250 feet
and 750 feet downstream of the Landsburg Bridge. Gravel shall be hauled from the City's NARCO site, as
well as from material vendor Palmer Coking Coal, to the project, and then added to the river via a constructed
ramp. All work shall comply with the permit requirements and shall be conducted in accordance to the scope
of work.
Location of Problem (Street & corner/address): Project site is located within the Cedar River between
approximately 250 feet and 750 feet downstream of the Landsburg Bridge.
K.C. Recommended Action:
This Commitment to Pay Form renews the August 8, 2002 Agreement entered into by and between King
County and Renton (known as Agreement CAG 02-134 by Renton). King County proposes to provide
resources to complete the request.
This project will begin in July 2009.
Per Section 4.1 of Agreement CAG 02-134, the cost estimate is approximately $62,005.94 as detailed on the
attachment. The City of Renton agrees to pay for actual costs within 30 days after receiving the invoice per
Section 4.3 of Agreement CAG 02-134.
Responsible Party:
Name: Mayor Denis Law
Company: City of Renton
Address: 1055 S. Grady Way
Renton, WA 98055
Signature:
Billing address: (If different)
Attn: Steve Lee
City of Renton - Utility System Division — 5`h Floor
1055 S. Grady Way
Renton, WA 98055
Phone #: 425-430-7205
KC Signature:
a
Icing County
Road Services Division
Roads Maintenance Section
Department of Transportation
RSD-TR-0100
155 Monroe Avenue Northeast
Renton, WA 98056-4199
www.metrokc.gov/roads
June 25 2009
City of Renton Landsburg Spawning Gravel Replacement Mitigation Project
Project Description
As mitigation for removal of spawning gravel from the Cedar River at the City of
Renton, approximately 10,000 cubic yards of gravel, deemed suitable by the city, will
be placed in the river just downstream of the Landsburg bridge. This gravel will be
placed for 10 years at approximately 1,000 cubic yards or the amount moved
downstream by the high water currents of the previous year. The work will be
scheduled during the summer low water period in accordance with the WSDW HPA.
A cost estimate will be provided each year reflecting the cost for the scope of work
for that specific year. The amount of spawning gravel to be placed in 2009 is
approximately 1,000 cubic yards.
II. Project Objective
The objective of this project is to feed the upstream river with suitable spawning
gravel over a ten —year period with the goal of gravel dispersion through out the
length of the river by the end of the time period.
III. Scope of Work
The contractor (King County, Department of Transportation) shall provide all labor
and equipment, and perform all work in accordance with the contract specifications
and drawings, and permit requirements. The contractor will be responsible for using
Best Management Practices and erosion control methods. The contractor will be
responsible for reestablishing the access road to the waters edge and building a berm
into the river using suitable streambed spawning gravel approved by the City of
Renton. This gravel will be hauled by the contractor. The berm will be built in
accordance with the approved plans. The site will be left in accordance with the
plans. The contractor will accept changes to the scope of work within the parameters
of the permits, as long as both parties agree to them.
PROJEk, i M M40773
PROGRAMM
PLAN. UNIT: P0007
TRACKING #:
TENANCE PROJECT COST ESTULTEREQUEST & C
TITLE: City of Renton Spawning Gravel Mitigation
LOCATION: cedar River just downstream of Landsburg Bridge
TYPE: Non Contract ORG: DIV: 4
IRE NOTICE
YEAR: 2009
START DATE: 27-Jul-09
,COMPL DATE:
PROJECT DESCRIPTION
TASK
TASK DESCRIPTION
AMOUNT
Place aproximately 1000 C.Y. of Spawning gravel in the Cedar River per
permit requirements.
276
Install BMPs
26B
Removal of BMPs
439
Spawning ravel Placement
460
Hydroseeding
ESTIMATE
ACTUAL
LABOR
$32,803.94
ER&R EQUIP
$12,652.00
MATERIALS
$16,550.00
VEND EQUIP
$0.00
CONTRACT
$0.00
TOTAL:
$62,005.94
TOTAL4
OPEN SIGNATURES:
(as needed)
CLOSURE SIGNATURES: (as needed) CLSR DATE:
(name)
(date)
(name) (date)
REQUESTOR:
... .......
Jerry Tracy
6/9/2009
REQUESTOR:
- ----- — .
A4.THORIZOR:
v -A—
AUTHORIZOR:
FIELD PROCESS ......... ..
u.
FIELD PROCESS
MA NT PROCESS
6r)
M
AINT PROCESS
------
-------- -- - --
FINANCE PROCESS
FINANCE PROCESS
. .. ....... ..
LT Entered in database El Copies
El Entered in database El Copies
estform.xis
Landsburg 2009.xls
UH i t upaatea
06/15/2009
DESCRIPTION AND ROCK TALLY FOR THE JOB
PROGRAM
City of Renton
MATERIAL
TONS
PREVIOUS
TOTAL
SITE
Landsburg Bridge
3/4" Minus
p
0
PROJ#
Pipe Backfill
0
p
TASK#
1 1/2" Minus
0
0.
2 1/2" Minus
p
p.
LABOR
$32,803.94
Boulders
0
0
ERR
$12,652.00
24
p
0:
VENDOR
$0.00
4-8"
0
0
MATERIALS
$16,550.00
Wash pea-1 1/2"
D
p
StrBed Armor
0
.;::
p
£ AIL X fC?A# ;.?.
$62{?05.9d
LLRR
0
0
... .. ..:. .::.
'Il QtJ0 TOTAL..:::.
.;:;:::>'; ::`' ":.:...
HLRR
0
0
JOB TOTAL:
$62,005:.94
2 Man
0
0.
Streambed Subgra
700
700
Screenings
0
01
Top Soil
0
0
WASTE OUT
0
0
LABOR
HOURS
OT
TOTAL
MATERIALS
TOTAL
..........
EACH
TOTAL
Operator
7D
I,
1Oi'
$5,545.90
Misc mat
Type 15 CB
$0,00:
TD 11
200
;;
50
$1.7,172.50
Tons
Type 16 CB
$0.00
TD III
$.0.00:
314" Minus
$0:00';
48" MH
$0:00
Utility
80'
- 20
$5,817.80
Pipe Backfill
$0.00
54" MH
$000:
Supervisor
$0.0.0.:1
1/2" Minus
$0:00
72" MH
$0 00
Crew Chief
40110:<
$4,054.30.
2 1/2" Minus
$.0;00
`:18 X 24 Lid
$0,00
Spec. II
Admin. S P
4
$213,44.;
Boulders
$0:00
Fabrics
EQUIPMENT
TOTAL
2-4"
$000
<Coir 900
$0,00
Dump Truck 10-12cy
250
;
$7825.00
4-8"
$000
<Coir400
Tractor ]Tub
$0.00
Wash pea-1 112"
$OOO
;:Coir Logs 16"
Slope Mower
`' $0.00
StrBed Armor
$0':00
'Coir 700
Pick Up
15:0'
$960.00<
LLRR
$0:00
_.
. FISH HABITAT& BIOSTABILIZATION
Vactor
$0.00
HLRR
$0i00
Logs
$0.00.
Loader
30
$876.00
2 Man
$000,
Logs w/ Roots
Sweeper
P
$0.0.0.
Streambed Subgrade
-700
>$15,750.00;;
EROSION CONTROL
Backhoe
$0 00`
Str Boldrlcobble
$0.00
Eco. Blocks
$0:00
Hydroseeding - SY
$0.00
Screenings
$000:
BMP'S (Each)
800.
$800:00
Equip. Trailer
20
$171.00
L F
TOTAL
ISafety Fence- L.F.
$0.00
Trackhoe
50
:<
$1:575.00:
12" HDPE
$0l00
Straw/ bale
$0:00
Case 850 Dozer
50
.:
$1:;245.00;
18" HDPE
$O:OO::iISilt
Fence-L.F
$0.00:
RENTALS
12" Ductile Iron
$0;00
Straw Wattle
Traf. Display Trailer
p y
;:; $0.00;,
12"CMP
$0:00
WASTE- PER CY
PC 120
18" CMP
$0;:00
Clean Dry Fill
$0.00
CAT 330
$0.00.
12" ADS
$0.00
Dry w/sod
$0.00
PC 200 Long Reach
$0.00:
18" ADS
$0.00
Wet I Mud
$0:00
D6 LGP w113' blade
$0.00 :
12" CP
$0.00
Vegetation
$0.00.
Mis Rent
$Q00:.
18" CID
$0'00::Unsortedlunscreen
$0.00
Honey Bucket
$0.00
Swamp Pa/
$000
Top Soil
$0:00_
Vendor dESN
Hog Fuel
AM eo( ke 5f) a h p q
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
EXECUTION OF AN INTER -AGENCY LOAN AGREEMENT WITH THE SOUTH
CORRECTIONAL ENTITY TO PROVIDE INTERIM FINANCING FOR THE
ACQUISITION, CONSTRUCTION, EQUIPPING AND IMPROVEMENT OF THE
SOUTH CORRECTIONAL ENTITY FACILITY.
WHEREAS, pursuant to an Interlocal Agreement dated as of January 25, 2009 (the
"Interlocal Agreement") among the City of Renton, Washington (the "City") and the cities of
Auburn, Burien, Des Moines, Federal Way, Sea Tac and Tukwila, Washington (each, a "Member
City"), the Member Cities formed a governmental administrative agency pursuant to RCW
39.34.030(3) known as the South Correctional Entity ("SCORE"); and
WHEREAS, the purpose of SCORE is to establish and maintain a consolidated
correctional facility (the "SCORE Facility") to serve the Member Cities and federal and state
agencies and other local governments that may contract with SCORE in the future to provide
correctional services essential to the preservation of the public's health, safety and welfare;
and
WHEREAS, financing for the acquisition, construction, equipping, improvement, and
operation of the SCORE Facility (the "Project") will be provided by one or more series of bonds
(the "Bonds") issued by the South Correctional Entity Facility Public Development Authority (the
"Authority"), a public corporation chartered by the City in accordance with the Interlocal
Agreement and pursuant to RCW 35.21.730 through 35.21.755; and
WHEREAS, pursuant to an ordinance of each Member City and the Interlocal
Agreement, each Member City has agreed to pay (i) its allocable portion of the budgeted
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RESOLUTION NO.
.
expenses of maintenance and operation of the SCORE Facility not paid from other sources and
(ii) its capital contribution to pay debt service on bonds and other debt issued by the Authority,
and has pledged its full faith and credit toward such payments; and
WHEREAS, Section 2(c) of the Interlocal Agreement authorizes SCORE to incur debt and
to enter into agreements with and receive and distribute funds from any federal, state or local
agency; and
WHEREAS, the City has agreed that it will provide to SCORE interim loans (up to a
maximum amount of $5,000,000) as necessary to pay costs incurred for the Project pending the
issuance of Bonds by the Authority;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
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SECTION I. The above findings are true and correct in all respects.
SECTION II. Approval of Inter -Agency Loan Agreement. The City Council
hereby approves an inter -agency loan agreement to be entered into by the City and the South
Correctional Entity ("SCORE"), substantially in the form attached hereto as Exhibit A and
incorporated herein by this reference (the "Inter -Agency Loan Agreement"), pursuant to which
the City will provide financial assistance (in the form of inter -agency loans) to the SCORE Facility
Development Fund in order to provide funds, if needed, to pay costs of the Project from the
SCORE Facility Development Fund. The City's financial commitment under the Inter -Agency
Loan Agreement shall not exceed $5,000,000. Advances made by the City to the SCORE Facility
Development Fund shall be subject to the terms, bear interest, and be payable as provided in
the Inter -Agency Loan Agreement. The Mayor and City Clerk are hereby authorized and
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RESOLUTION NO.
11
directed to execute the Inter -Agency Loan Agreement, substantially in the form attached
hereto with only those insubstantial modifications as shall have been approved by the Mayor.
The Finance and Information Services Department Administrator of the City is hereby
authorized and directed to administer the Inter -Agency Loan Agreement.
SECTION 111. This resolution shall take effect and be in force from and after its
adoption and approval.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 12009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1413:7/10/09:scr
Denis Law, Mayor
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RESOLUTION NO.
EXHIBIT A
Form of Inter -Agency Loan Agreement
(attached)
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RESOLUTION NO.
INTER -AGENCY LOAN AGREEMENT
THIS INTER -AGENCY LOAN AGREEMENT (this "Agreement"), effective and dated as of
July 1, 2009, by the City of Renton, Washington, a municipal corporation organized under the
laws of the State of Washington ("Renton"), and the South Correctional Entity, a governmental
agency formed pursuant to an Interlocal Agreement dated as of January 25, 2009 ("SCORE");
WITNESSETH:
WHEREAS, pursuant to an Interlocal Agreement dated as of January 25, 2009 (the
"Interlocal Agreement") among the Cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien and SeaTac, Washington (the "Member Cities"), the Member Cities formed a
governmental administrative agency pursuant to RCW 39.34.030(3) known as the South
Correctional Entity ("SCORE"); and
WHEREAS, the purpose of SCORE is to establish and maintain a consolidated
correctional facility (the "SCORE Facility") to serve the Member Cities and federal and state
agencies and other local governments that may contract with SCORE in the future to provide
correctional services essential to the preservation of the public health, safety and welfare; and
WHEREAS, financing for the acquisition, construction, equipping, improvement and
operation of the SCORE Facility (the "Project") will be provided by one or more series of bonds
(the "Bonds") issued by the South Correctional Entity Facility Public Development Authority (the
"Authority"), a public corporation chartered by Renton in accordance with the Interlocal
Agreement and pursuant to RCW 35.21.730 through 35.21.755; and
WHEREAS, pursuant to ordinance of each Member City and the Interlocal Agreement,
each Member City has agreed to pay (i) its allocable portion of the budgeted expenses of
maintenance and operation of the SCORE Facility not paid from other sources and (ii) its capital
contribution to pay debt service on bonds and other debt obligation incurred by the Authority,
and has pledged its full faith and credit toward such payments; and
WHEREAS, the Administrative Board has designated Renton, and Renton has agreed, to
act as fiscal agent and interim treasurer for SCORE; and
WHEREAS, in its capacity as fiscal agent and treasurer, Renton has established the
SCORE Facility Development Fund on its books and records, and maintains, invests and
manages such fund on behalf of SCORE; and
WHEREAS, Section 2(c) of the Interlocal Agreement authorizes SCORE to incur debt and
to enter into agreements with and receive and distribute funds from any federal, state or local
agency; and
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RESOLUTION NO.
WHEREAS, Renton has agreed that it will provide to SCORE interim loans (up to a
maximum amount of $5,000,000) as necessary to pay costs incurred for the Project pending the
issuance of Bonds by the Authority under the terms set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the
parties hereto covenant and agree as follows;
Section 1. Definitions. For purposes of this Agreement, the following capitalized
terms shall have the following meanings, unless the context clearly requires otherwise:
"Agreement" means this Inter -Agency Loan Agreement.
"Authority" means the South Correctional Entity Facility Public Development Authority,
a public corporation chartered by Renton pursuant to RCW 35.21.730 through 35.21.755 and
Renton Ordinance No. 5444, passed on February 2, 2009.
"Bonds" means the South Correctional Entity Facility Public Development Authority
bonds, issued in one or more series pursuant to a resolution of the Authority.
"Interest Rate" means the rate published by the Washington State Local Government
Investment Pool ("Pool") at the end of each month for amount on deposit with the Pool during
that month.
"Interlocal Agreement" means the Interlocal Agreement effective as of February 25,
2009, among the Member Cities, as such agreement may be amended from time to time.
"Inter -Agency Loan" or "Inter -Agency Loans" has the meaning given such term in
Section 2 of this Agreement.
"Member Cities" means the Cities of Auburn, Burien, Des Moines, Federal Way, Renton,
SeaTac, and Tukwila, Washington.
"Project" means the operation, acquisition, construction, improvement and equipping
of the SCORE Facility.
"Renton" means the City of Renton, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39.34.030(3) and the Interlocal Agreement by the Member Cities.
"SCORE Facility" means the consolidated correctional facility acquired, constructed,
improved, equipped, maintained and operated by SCORE.
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RESOLUTION NO.
"SCORE Fund" means the SCORE Facility Development Fund created by Renton as fiscal
agent and interim treasurer of SCORE.
"Treasurer" means the Finance and Information Services Department Administrator of
Renton or his/her designee.
All other capitalized terms used but not defined in this Agreement shall have the
meanings assigned to them in the Interlocal Agreement.
Section 2. Loans to SCORE; Terms. The Treasurer has established and maintains the
SCORE Fund for the benefit of SCORE. Each month, the Treasurer shall calculate and determine
the average daily cash balance on hand in the SCORE Fund. If the average daily cash balance in
the SCORE Fund for a month is a positive number, the Treasurer shall credit the SCORE Fund for
its interest earnings, which amount is the product of multiplying the positive average daily cash
balance by the Interest Rate for that month. If the average daily cash balance in the SCORE
Fund is a negative number, such amount shall be deemed to be a Loan ( the "Inter -Agency
Loan"). The Inter -Agency Loan shall bear interest at the Interest Rate. Interest shall be
calculated on the basis of a 360-day year and 30-day month.
The outstanding balance of the Inter -Agency Loan, including all interest thereon, shall
not exceed $5,000,000. The Treasurer shall provide statements and financial information
relating to receipts and disbursements from the SCORE Fund to the Administrative Board of
SCORE on a regular basis (no less often than quarterly at the Administrative Board meetings).
Renton's commitment to make Inter -Agency Loans shall terminate upon the issuance of
the Bonds by the Authority, which is anticipated, to occur within three months following the
effective date of this Agreement. In any event, Renton's commitment to make Inter -Agency
Loans shall not extend beyond December 31, 2009.
Section 3. Inter -Agency Loan Repayment. Outstanding Inter -Agency Loans,
including interest thereon, shall be repaid by SCORE from proceeds of the Bonds issued by the
Authority, from contributions received from the Member Cities under the terms of Sections 15
and 16 of the Interlocal Agreement, or from other available funds of SCORE. All Inter -Agency
Loans shall be repaid on the earlier to occur of (i) the issuance of the Bonds, or
(ii) December 31, 2009.
Section 4. Compensation. Renton agrees that it will not be compensated for its
services as fiscal agent or interim treasurer or for administering the terms of this Agreement.
Section 5. Events of Default and Remedies.
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RESOLUTION NO.
(a) Remedies on Default. If Renton has made any Loans to SCORE under this
Agreement and such Loans have not been repaid in full when due pursuant to the terms of this
Agreement, Renton may declare the entire outstanding Loan, plus accrued interest,
immediately due and payable and may proceed to protect and enforce its rights in equity or at
law, either in mandamus or for the specific performance of any covenant or agreement
contained herein, or for the enforcement of any other appropriate legal or equitable remedy,
as Renton may deem most effectual to protect and enforce any of its rights or interests
hereunder. Additionally, SCORE shall pay to Renton a penalty equal to one percent (1%) per
month on the unpaid balance of the Inter -Agency Loan for each month the Inter -Agency Loan
balance remains unpaid.
(b) No Remedy Exclusive. No remedy conferred upon or reserved to either party by
this Agreement is intended to be exclusive of any other available remedy or remedies, but each
and every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute, and either
party hereto shall be free to pursue, at the same time, each and every remedy, at law or in
equity, which it may have under this Agreement, or otherwise.
(c) No Implied Waiver. No delay or omission to exercise any right or power accruing
upon any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may
be deemed expedient. For the exercise of any remedy, it shall not be necessary to give any
notice, other than such notice as may be expressly required herein.
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(a) Governing Law; Venue. This Agreement is governed by and shall be construed in
accordance with the laws of the State of Washington and shall be liberally construed so as to
carry out the purposes hereof. Except as otherwise required by applicable law, any action
under this Agreement shall be brought in the Superior Court of the State of Washington in and
for King County.
To the extent permitted by applicable law, each of the parties waives any right to have a
jury participate in resolving any dispute, whether sounding in contract, tort, or otherwise
between the parties arising out of, connected with, related to, or incidental to the relationship
between any of them in connection with this Agreement or the transactions contemplated
hereby. Instead, any such dispute resolved in court will be resolved in a bench trial without a
jury.
(b) Notices. Except as otherwise provided herein, all notices, consents or other
communications required hereunder shall be made via electronic means or in writing and, if in
writing, shall be sufficiently given if addressed and mailed by first-class, certified or registered
mail, postage prepaid and return receipt requested, as follows:
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RESOLUTION NO.
To Renton:
City of Renton
Attention: Finance and Information Services Department Administrator
1055 South Grady Way
Renton, Washington 98057
Phone: (425) 430-6858
eMail: iwang@rentonwa.gov
To SCORE:
South Correctional Entity
Attention: Facility Director
1055 South Grady Way
Renton, Washington 98057
Phone: (425) 430-7565
eMail: pbartley@rentonwa.gov
Renton or SCORE may, by notice given as required herein, designate any further or
different addresses to which subsequent notices, certificates, requests or other
communications shall be sent. Notices shall be deemed served upon deposit of such notices in
the United States mail in the manner provided above.
(c) Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon Renton and SCORE and their successors. This Agreement may not be assigned.
(d) Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
(e) Amendments. This Agreement may not be effectively amended, changed,
modified or altered, except by an instrument in writing duly executed by Renton and SCORE (or
their successors in title).
(f) Waiver of Breach. No waiver of any breach of any covenant or agreement
contained herein shall operate as a waiver of any subsequent breach of the same covenant or
agreement or as a waiver of any breach of any other covenant or agreement, and in case of a
breach by either party of any covenant, agreement or undertaking, the nondefaulting party
may nevertheless accept from the other any payment or payments or performance hereunder
without in any way waiving its right to exercise any of its rights and remedies provided for
herein or otherwise with respect to any such default or defaults that were in existence at the
time such payment or payments or performance were accepted by it.
RESOLUTION NO.
(g) No Rights Created in Third Parties. The terms of this Agreement are not
intended to establish nor to create any rights in any persons or entities other than Renton,
SCORE and the respective successors and assigns of each.
(h) Time of Essence. Time and all terms and conditions shall be of the essence of
this Agreement.
(i) Counterparts. This Agreement may be executed simultaneously in several
counterparts, each of which shall be an original and all of which shall constitute one and the
same agreement.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR
FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW.
IN WITNESS WHEREOF, Renton and SCORE have caused this Agreement to be executed
in their respective names by their duly authorized officers, and have caused this Agreement to
be dated and effective as of the date set forth on the first page hereof.
CITY OF RENTON, WASHINGTON
in
Denis Law, Mayor
ATTEST:
in
Bonnie Walton, City Clerk
APPROVED AS TO LEGAL FORM:
Lawrence J. Warren, City Attorney
SOUTH CORRECTIONAL ENTITY
H:03 Zanetta/City Departments/SCORE/loanAgreementlOJul(ZF)
Jack Dovey, Presiding Officer
Mayor, City of Federal Way, Washington
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CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
6, ANIMALS AND FOWL AT LARGE, OF TITLE VI (POLICE REGULATIONS) OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON, WASHINGTON", TO ADD A DEFINITION FOR "OFF -LEASH DOG
PARK", AND AMEND THE REGULATIONS REGARDING DOGS AT LARGE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 6-6-4, Definitions, of Chapter 6, Animals and Fowl at
Large, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", is hereby amended to add a definition for "Off -
Leash Dog Park", to read as follows:
OFF -LEASH DOG PARK: A specifically designated area within the confines of a
City owned public park which allows dogs to run or roam without being leashed,
as long as its owner, handler or custodian is nearby within the park premises.
SECTION II. Subsection A of section 6-6-5, Dogs at Large; Requirement of
Leash or Chain, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to read as follows:
A. It shall be unlawful for any owner or custodian to cause, permit or allow
any dog owned, harbored, controlled or kept by him in the City to roam, run or
stray away from the premises where the same is owned, harbored, controlled or
kept, except that while away from said premises such dog shall at all times be
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ORDINANCE NO.
controlled by means of a leash or chain not exceeding eight feet (8') in length by
the owner or some duly authorized and competent person, or is at heel of such
owner or custodian, such control to be exercised by such owner or custodian or
other competent authorized person. "At heel" shall mean that the dog shall be
immediately at the owner's or custodian's heel; provided, however, that such
leash or chain is not required for any dog when otherwise safely and securely
confined or completely controlled while in or upon any vehicle. Furthermore,
this section shall not apply to dogs which are in special areas designated by the
City as dog training areas and/or designated Off -Leash Parks, and as long as the
regulations of the City, or its authorized representative, with respect to the use
of such areas are complied with and said dogs are under the custody and control
of a competent trainer. A violation of this Subsection shall constitute a civil
infraction punishable by a fine of up to $250, not including costs.
SECTION III. Subsection B.3 of section 6-6-5, Dogs at Large; Requirement of
Leash or Chain, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to read as follows:
3. To permit any animal, whether licensed or not, to run at large in any
public park, (other than a specifically designated off -leash area of a public park),
public beach, pond, fountain, stream, public playground, school ground or any
other public facility permitting swimming and/or boating activities; provided,
however, that this section shall not prohibit a person from walking or exercising
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ORDINANCE NO.
a dog in a public area, except on any public beach, pond, stream or similar facility
which permits swimming and/or boating activities, when such dog is on a leash
or otherwise under the immediate control of its owner or custodian and proper
safeguards are taken to protect the public and property from injury or damage
from said dog. The Park Director is hereby authorized and directed to post such
areas as hereinabove set forth. A violation of this Subsection shall constitute a
civil infraction punishable by a fine of up to $250, not including costs.
SECTION IV. Subsection B.5 of section 6-6-5, Dogs at Large; Requirement of
Leash or. Chain, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to read as follows:
5. To permit any female dog, whether licensed or not, to run at large
while in heat. A female dog will be prohibited from entering any designated off -
leash area of a public park during the period in which the dog is in heat. A
violation of this Subsection shall constitute a civil infraction punishable by a fine
of up to $250, not including costs.
SECTION V. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
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ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1567:6/30/09:scr
Denis Law, Mayor
a]
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CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
1, ADMINISTRATIVE, JUDICIAL AND LEGAL SERVICES DEPARTMENT, OF TITLE III
(DEPARTMENTS AND OFFICERS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY CREATING
A SEPARATE CHAPTER FOR THE CITY ATTORNEY DEPARTMENT AND A
SEPARATE CHAPTER FOR THE MUNICIPAL COURT; RENAMING THE
"ADMINISTRATIVE, JUDICIAL AND LEGAL SERVICES DEPARTMENT" AS
"EXECUTIVE DEPARTMENT", REVISING DUTIES WITHIN THE EXECUTIVE
DEPARTMENT AND CREATING THE COMMUNICATIONS DIVISION.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Title III (Departments and Officers) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington," is herby amended to add a
new chapter, 9, to read as follows:
CHAPTER 9
CITY ATTORNEY DEPARTMENT
SECTION:
3-9-1: Establishment Of Department
3-9-2: City Attorney
3-9-3: Duties Of City Attorney
3-9-4: Qualifications Of City Attorney
3-9-1 ESTABLISHMENT OF DEPARTMENT:
There is hereby established the City Attorney Department.
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ORDINANCE NO.
3-9-2 CITY ATTORNEY:
A. Position Established: There is hereby established the position of City Attorney.
B. Appointment: The position of City Attorney shall be filled by appointment by
the Mayor, subject to confirmation by a majority of the City Council.
3-9-3 DUTIES OF CITY ATTORNEY:
Duties: The City Attorney shall report to the Mayor and shall be the legal advisor
of the Mayor, the Council and of all of the officers, commissions and boards of
the City in matters pertaining to their operations in a governmental capacity. The
City Attorney shall represent the City in all litigation, in all courts in which the
City is a party or directly interested, except where counsel is provided by
insurance or a risk pool or similar source, and shall prosecute all violations of the
provisions of this Code and act generally as Attorney for the City and the several
departments of the City government, together with such additional duties as the
Council may prescribe by ordinance or which the Mayor's office may request
from time to time.
3-9-4 QUALIFICATIONS OF CITY ATTORNEY:
The City Attorney shall be an attorney licensed to practice in the State of
Washington and must possess those qualifications deemed necessary for this job
by the Mayor, indicated on the City's City Attorney job classification.
SECTION II. Title III (Departments and Officers) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington," is herby amended to add a
new chapter, 10, to read as follows:
ORDINANCE NO.
CHAPTER 10
MUNICIPAL COURT
3-10-1: Establishment Of Municipal Court
3-10-2: Election, Term And Qualifications Of Judge
3-1-3: Judges Pro Tern
3-10-1 ESTABLISHMENT OF MUNICIPAL COURT:
There is hereby created and established the Municipal Court of the City of
Renton.
3-10-2 ELECTION, TERM AND QUALIFICATIONS OF JUDGE:
The Judge of the Municipal Court shall be elected to office for a term of four
years commencing on January 1, 1986, and every four years thereafter.
3-1-3 JUDGES PRO TEM:
A. The Judge shall appoint Judges Pro Tern who shall act in the absence,
disability or temporary disqualification of the regular Municipal Court Judge, or
the need for more than one judge. The Judges Pro Tern shall be qualified to hold
the position of Judge of the Municipal Court.
B. Such Pro Tern Judges shall receive hourly compensation for handling the
calendar on any regular or special court day. Such compensation shall be
determined in the City budget.
SECTION III. Chapter 1, Administrative, Judicial and Legal Services Department,
of Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington," is herby amended to change the title to
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ORDINANCE NO.
"Executive Department", renumber the subsections and to add a section entitled —
"Communications Division":
CHAPTER 1
EXECUTIVE DEPARTMENT
SECTION:
3-1-1: Establishment Of Department
3-1-2: Chief Administrative Officer
3-1-3: Mayor's Office
3-1-4: City Clerk Office
3-1-5: Hearing Examiner Office
3-1-6: Communications Division
3-1-1 ESTABLISHMENT OF DEPARTMENT:
There is hereby established the Executive Department. This department,
consisting of four separate offices, is established and grouped for budget
organization purposes, not as a delegation collectively responsible for a portion
of the sovereign power of government.
3-1-2 CHIEF ADMINISTRATIVE OFFICER:
A. Position Established And Appointment: There is hereby established the
position of Chief Administrative Officer who shall be the chief appointed official
in the City. The Chief Administrative Officer shall be appointed by, report to, and
serve at the pleasure of the Mayor. Appointment of the Chief Administrative
Officer shall be subject to confirmation by a majority of the City Council.
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ORDINANCE NO.
B. Duties: The Chief Administrative Officer shall manage the various
departments as established in this title and shall have general oversight of all
City departments as delegated by the Mayor. The Chief Administrative Officer
shall be responsible for the City's general operations, public relations and
governmental affairs. The Chief Administrative Officer shall perform other
administrative duties as prescribed by the Council and/or directed by the Mayor.
C. Qualifications: The Chief Administrative Officer must have those qualifications
deemed necessary for this job by the Mayor, indicated on the City's Chief
Administrative Officer.job classification.
3-1-3 MAYOR'S OFFICE:
The Mayor's Office shall be responsible for the coordination of various internal
and external issues and programs, and have the responsibility to coordinate and
direct overall city operations, budgets and policy formulation.
3-1-4 CITY CLERK OFFICE:
A. Office Established And Appointment: There is hereby established the office of
the City Clerk. The position of City Clerk shall be filled by appointment by the
Mayor and confirmation by a majority of the City Council.
B. Duties: The City Clerk shall have all of the powers granted and duties imposed
by authority of the laws of the state and ordinances of the City now existing or
subsequently adopted. The City Clerk shall be a full-time, non -civil service
position who shall be in charge of the City Clerk's Office. The City Clerk, or
deputy as assigned by the City Clerk, shall attend all meetings of the City Council
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ORDINANCE NO.
and keep a complete record of the proceedings thereof; and have custody of the
City's seal, the original roll of ordinances, the original contracts, deeds and
certificates relative to the title of any property of the City and such other records
or documents as are required to be deposited with the City. The City Clerk shall
attest all public instruments and official acts of the Mayor and shall provide
certified copies of original records as may be required and make such charge
therefor as provided by ordinance.
C. Qualifications: The City Clerk must have those qualifications deemed
necessary for this job by the Mayor, indicated on the City's City Clerk job
classification.
3-1-5 HEARING EXAMINER OFFICE:
A. Office Established: The office of the Hearing Examiner ("Examiner"), is hereby
established.
B. Duties: The Examiner shall interpret, review and implement land use
regulations as provided in this Chapter and other ordinances. The term "Hearing
Examiner" or "Examiner" shall likewise include the Examiner Pro Tem.
C. Appointment And Term:
The Examiner and the Examiner Pro Tem shall be appointed by the Mayor of the
City. The Examiner's appointment shall be confirmed by a majority of the City
Council, and such appointment shall be for a term of four (4) years, expiring on
the last day of January of every such four (4) year term.
ORDINANCE NO.
D. Removal: The Examiner or the Examiner Pro Tern may be removed from
office at any time by the affirmative vote of not less than five (5) members of the
City Council for just cause.
E. Qualifications: The Examiner and Examiner Pro Tern must have those
qualifications deemed necessary for this job by the Mayor, indicated on the
City's Hearing Examiner job classification.
F. Examiner Pro Tempore Duties: The Examiner Pro Tern shall, in the event of
the absence or the inability of the Examiner to act, have all the duties and
powers of the Examiner.
3-1-6 COMMUNICATIONS DIVISION:
A. Division Established and Appointment: There is hereby established the
Communications Division. The position of Communications Director shall be
filled by appointment by the Chief Administrative Officer.
B. Duties: The Communications Division shall be responsible for providing
Renton residents and businesses with critical, relevant and timely information,
engaging Renton residents and making them aware of opportunities to be
involved and initiating community dialogue and overseeing City-wide internal
and external communications including media relations, web and electronic
communications and printed materials and publications.
C. Qualifications: The Communications Director must have the qualifications
deemed necessary for this job by the Mayor, as indicated on the
Communications Director's job classification.
7
ORDINANCE NO.
SECTION IV. This Ordinance shall be effective upon its passage, approval, and thirty —
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of 12009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 12009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1538:7/6/09:scr
0
Denis Law, Mayor