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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, May 22, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
• Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATIONS
a) National Gun Violence Awareness Day - June 2, 2023
b) National Public Works Week - May 21 - 27, 2023
4. SPECIAL PRESENTATION
a) Renton Employee Lifesaving Award
5. ADMINISTRATIVE REPORT
a) Administrative Report
6. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed three minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
7. 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 May 15, 2023.
Council Concur
b) AB - 3359 Public Works Utility Systems Division recommends executing Amendment No.
8 to CAG-16-103, with RH2 Engineering, Inc., in the amount of $348,330 for the design of
the replacement of the Highlands 435-Zone reservoirs and water mains.
Refer to Utilities Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers; Supplement #7 to CAG-20-127 with Perteet, Inc. for
Additional Construction Management Services for the Williams Avenue South and Wells
Avenue South Conversion Project; Organized Crime Drug Enforcement Task Forces FY23
Agreement; Lobby Limited-Term Position; 4Culture Arts Sustained Support Program Grant
9. LEGISLATION
a) Staff Recommendation to conduct second reading of Revised Ordinance No. 6112.
Ordinance for second and final reading:
a) Ordinance No. 6112: Amending RMC 6-12 to Regulate Dangerous Drugs (First reading
5/15/2023; revised to avoid conflict with Second Engrossed Second Substitute Senate Bill
5536 )
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor Council Chambers/Videoconference
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
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ArmondoPavoneMayorqroc[amatbii‘14”hereas,publicworksprofessionalsfocusoninfrastructureandservicesthatareofvitalimportancetoasustainableandresilientcommunity,publichealth,highqualityoflife,andwell-beingofthepeopleofRenton;andreas,suchinfrastructureandservicescouldnotbeprovidedwithoutthededicatedeffortsofpublicworksprofessionalswhoareengineers,airportprofessionals,managers,andemployeesatalllevelsofgovernmentandtheprivatesector,whoareresponsibleforrebuilding,maintaining,improving,operating,andprotectingourcity’smobilitytransportationnetworks,water,wastewater,andsurfacewaterutilities,solidwastesystems,airport,publicbuildings,andotherstructuresandfacilitiesessentialforourresidents;and‘14”hereas,itisinthepublicinterestfortheresidents,civicleaders,andchildrenofRentontogainknowledgeofandtomaintainanactiveinterestandunderstandingoftheimportanceofpublicworksandpublicworksprogramsinourcommunity;and‘14”fiereas,2023marksthe63rdannualNationalPublicWorksWeek,“connectingtheworldthroughPublicWorks,”sponsoredbytheAmericanPublicWorksAssociation,whosethemechallengesourresidentsandemployeestothinkabouttherolepublicworksplaysincreatingagreatplacetolive,workandplay;Wow1tfierefore,I,ArmondoPavone,doherebyproclaimMay21to27,2023,as9[ationatPubticWorksWeeIintheCityofRenton,andIencourageallresidentstorecognizethecontributionspublicworksprofessionalsmakeeverydaytoprotectourhealth,safety,comfort,andqualityoflife.Inwitnesswhereof,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontoAAbeaffixedthis221dayofMay2023.AArmnUPavone,MayorCity,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwIg’o1’AGENDA ITEM #3. b)
MAYOR’S OFFICE
M E M O R A N D U M
DATE: May 22, 2023
TO: Valerie O’Halloran, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• The first of Sustainability & Solid Waste’s three Recycle events was held on
Saturday, May 13 at Renton Technical College. Materials collected at the May
event included oversized metal and Styrofoam®. The event served over 411
participants and prevented over 12.26 tons of metal and 1,190 pounds of
Styrofoam® from landfill disposal, thus keeping these materials circulating in the
economy to provide green jobs and produce new products.
For customers’ information and to promote recycling year-round, staff produced
and distributed the Recycling Resource Guide, which provides a listing of local
recyclers offering convenient recycling services for a variety of materials not
collected at the curbside or at city events. The guide is available on our website.
Partnering with The Salvation Army Rotary Food Bank resulted in 100 pounds of
food donated by Recycle Event participants, helping to support emergency food
assistance in our community.
The next scheduled Recycle Event is June 10, 10:00 a.m. – 2:00 p.m. in the
Renton Technical College North Parking Lot. Mattresses and box springs,
cardboard, tires, and Styrofoam® will be collected.
For more information, please contact the Renton Recycle Events Hotline at 425-
430-7398 or Julie Pursell at jpursell@rentonwa.gov
• Pop-up Lunch Schedule: In addition to lunch, each event will have hygiene kits,
socks, and food for dogs and cats available.
o Wednesday, May 24, 12:00 - 1:30 p.m., 300 Rainier Avenue North, sponsored
by the Emergency Feeding Program/SOS (will be held regularly on the second
and fourth Wednesday through December 2023).
o Friday, May 26, 10:00 a.m. - 2:00 p.m., 126 Logan Avenue North, sponsored
by SOS/Food Lifeline Pop-up (will be held regularly every Friday through
December).
AGENDA ITEM #5. a)
Valerie O’Halloran, Council President
Members of Renton City Council
Page 2 of 3
• Spanish-Speaking CPR Classes: In partnership with Centro Rendu, the Renton
Regional Fire Authority will be conducting CPR courses in Spanish. Classes are
scheduled for Saturday, June 3 and Saturday, November 4. The classes will be
from 9:00 a.m. to 2:00 p.m. and held at the Renton Regional Fire Authority
Station 13; 18002 108th Avenue SE, Renton 98055. Visit rentonrfa.com to view
classes and register via Eventbrite.
• The King County Flood Control District is considering developing a Flood Hazard
Management Plan for the Lower Green River Corridor that would guide future
investments to reduce flood hazard risks over the next 30 to 50 years and shape
flood protection planning along the Green River in Auburn, Kent, Renton, SeaTac,
Tukwila, and unincorporated King County. To inform the plan, the District
prepared a draft programmatic environmental impact statement (PEIS) that is
available for public review and comment through June 19, 2023. The draft PEIS
analyzes three different approaches to reducing flood hazard risks in the Lower
Green River Corridor while providing other important benefits. More information
and the PEIS document can be found at LowerGreenSEPA.org.
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
Tuesday, May 23, 7:00 a.m., 24 Hour Closure. Hardie Avenue SW will be closed
from 7:00 a.m. Tuesday to 7:00 a.m. Wednesday between SW Langston Road
and SW Victoria Street for asphalt repairs. VMS boards have been placed for
advanced warning.
Wednesday, May 24, 7:00 a.m. to 4:00 p.m. Hardie Avenue SW will be flagged
between SW Langston Road and SW Victoria Street for asphalt repairs.
Thursday, May 25, 7:00 a.m. to 4:00 p.m. North 5th Street between Pelly
Avenue North and Wells Avenue North will be flagged for asphalt repairs.
Ongoing Street Closure through October 4, 2023. FULL STREET CLOSURE on
Sunset Lane NE between NE 10th Street and Harrington Place NE in support the
Solera Development Project (LUA20-000305). Questions may be directed to Brad
Stocco, 425-282-2373.
Monday, May 22, 7:00 a.m., 24 hours/day. Upcoming street closure for
remaining bridge maintenance work:
• Bronson Way South between North Riverside Drive and Mill Avenue
South will be closed for up to 60 calendar days starting at 7:00 a.m.
on May 15.
AGENDA ITEM #5. a)
Valerie O’Halloran, Council President
Members of Renton City Council
Page 3 of 3
• The street closure will be 24 hours/day, 7 days/week. The contractor
will be working Mondays through Fridays (and may work on
Saturdays depending on the weather and work progress).
• The primary northbound and southbound traffic detours will be
signed and match the detours installed for the last street closure that
occurred in fall 2022 for the bridge painting. All other bridges over
the Cedar River will remain open to vehicles (subject to the vehicle
weight limits posted on Williams Avenue Bridge and Houser Way
Bridge).
• The local adjacent streets (e.g. N 1st St, Wells Avenue South, etc.) will
not be closed but will be signed “Local Access Only.”
Visit the project information web page at https://rentonwa.gov/bronsonbridge
for more information and to view the detour map.
AGENDA ITEM #5. a)
May 15, 2023 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, May 15, 2023
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Valerie O'Halloran, Council President
Ed Prince, Council Position No. 5
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Alex Tuttle, Senior Assistant City Attorney
Jason Seth, City Clerk
Melissa McCain, Deputy City Clerk
Kristi Rowland, Deputy Chief Administrative Officer
Maryjane Van Cleave, Equity, Housing, and Human Services Administrator
Kari Roller, Finance Department Administrator
Ron Straka, Public Works Utility Systems Director
Chief Jon Schuldt, Police Department Administrator
Deputy Chief Jeff Hardin, Police Department
Deputy Chief Ryan Rutledge, Police Department
Attended Remotely:
Judith Subia, Council Liaison
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
AGENDA ITEM #7. a)
May 15, 2023 REGULAR COUNCIL MEETING MINUTES
Kelly Beymer, Parks & Recreation Administrator
Cailín Hunsaker, Parks & Trails Director
Carrie Nass, Recreation Director
Kim Gilman, Human Resources Labor Relations & Compensation Manager
PROCLAMATION
a) Safe Boating & Paddling Week: A proclamation by Mayor Pavone was read declaring May 20 -
26, 2023 to be Safe Boating & Paddling Week in the City of Renton, encouraging all Renton
residents to dedicate themselves to learning about and practicing safe boating, including
wearing life jackets. Debra Alderman and Suzanne Chambers of U.S. Coast Guard Auxiliary
Flotilla 130-02-05, and boating safety advocates who live in Renton and neighboring
communities accepted the proclamation with appreciation.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
b) Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month: A
proclamation by Mayor Pavone was read declaring May 2023 to be Asian American, Native
Hawaiian and Pacific Islander (AANHPI) Heritage Month in City of Renton, encouraging all
members of the community to join in this special observation. Lele (Happy) Tian accepted the
proclamation with appreciation.
MOVED BY VǍN, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2023 and
beyond. Items noted were:
• Pop-up Lunch Schedule: In addition to lunch, each event will have hygiene kits, socks,
and food for dogs and cats available.
o Fridays, May 19 & 26, 10:00 a.m. - 2:00 p.m., 126 Logan Avenue North
sponsored by SOS/Food Lifeline Pop-up (will be held regularly every Friday through
December).
o Wednesday, May 17, 12:00 - 2:00 p.m., 1150 Oakesdale Avenue SW
sponsored by SOS Pop-up at the Sidney Wilson House (will be held regularly on the
first and third Wednesday through December 2023, location will be rotated
throughout the city).
o Wednesday, May 24, 12:00 - 1:30 p.m., 300 Rainier Avenue North sponsored
by the Emergency Feeding Program/SOS (will be held regularly on the second and
fourth Wednesday through December 2023).
• Spanish-Speaking CPR Classes: In partnership with Centro Rendu, the Renton Regional
Fire Authority will be conducting CPR courses in Spanish. Classes will be offered at a
reduced rate of $15 per person for 2023 and are scheduled for Saturday, June 3 and
Saturday, November 4. The classes will be from 9 a.m. to 2 p.m. and be held at the
Renton Regional Fire Authority Station 13; 18002 108th Avenue SE, Renton 98055.
Visit rentonrfa.com to view classes and register via Eventbrite.
AGENDA ITEM #7. a)
May 15, 2023 REGULAR COUNCIL MEETING MINUTES
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Jack Battin, Renton, expressed support for the proposed ordinance regulating drug
use in public spaces. He urged Council to pass the ordinance to keep the Renton
community safer.
• Michael Westgaard, Renton, shared his history of substance abuse and expressed
opposition to the proposed ordinance regulating drug use in public. He urged Council
to take a compassionate stance on the issue that leads with creating trust, providing
housing, and providing safe injection sites for drug users.
• Corey Wooten, Renton, explained that he has a nuisance neighbor who will not
control the excessive barking from his dogs. He noted that this issue has been going
on for several years and asked for assistance. Mayor Pavone asked Mr. Wooten to
speak to Deputy Chief Rutledge who was in attendance.
• Emmanuel Bailey Medilo, Renton, expressed opposition to the proposed ordinance
regulating drug use in public spaces. He stated that the City should lead this issue with
love and compassion not incarceration.
• Randy Corman, Renton, expressed support for the proposed ordinance regulating
drug use in public spaces, and noted that it should be adopted even though the State
legislature may pass its own regulations. He stated that it is important to pass the
ordinance to enhance safety in the community.
• Ron Bensley, Renton, expressed support for the proposed ordinance regulating drug
use in public spaces, but urged Council to maintain a balance between protecting the
community and supporting addicts.
• Winter Cashman, Renton, expressed opposition to the proposed ordinance regulating
drug use in public spaces, stating that the definition of behaviors is too broad, and the
penalties are too harsh. He noted that not all people who use drugs are bad people.
• Rev. Dr. Linda Smith, Renton, stated that the drugs and people who supply the drugs
need to be rooted out of the community. She expressed support for the proposed
ordinance regulating drug use in public spaces but urged that any solution be
compassionate towards addicts.
• City Clerk Seth summarized a written submission to Council from Christine Faucett.
Ms. Faucett urged Council to install lighting and camera equipment under bridges to
reduce criminal activities in those locations across the city.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of May 8, 2023. Council Concur.
AGENDA ITEM #7. a)
May 15, 2023 REGULAR COUNCIL MEETING MINUTES
b) AB - 3350 Community & Economic Development Department requested authorization to clear
title for the City and the Pacific Northwest Regional Council of Carpenters (PNWRCC) for
property located in the vicinity of 211 and 231 Burnett Ave N, by executing a boundary line
adjustment Transfer Agreement and Quitclaim deeds with related Real Estate Excise Tax
Affidavits to rectify a recently discovered issue indicating that deeds effecting the properties
were not properly recorded with King County in 1980. Council Concur.
c) AB - 3341 Community & Economic Development Department recommended approval of a
4Culture Sustained Support Program agreement, in order to accept $11,000 in grant funds to
support events and programming for the Renton community. Refer to Finance Committee.
d) AB - 3355 Executive Services Department requested authorization to establish a two-year
limited-term full time equivalent (FTE) position of Secretary 2 (grade a07) in the Executive
Services Department. This position will maintain duties of data collection, reporting, and
providing customer service for visitors at City Hall. Refer to Finance Committee.
e) AB - 3351 Parks & Recreation Department recommended adoption of a resolution revising
bylaws for the Renton Parks Commission. Refer to Community Services Committee.
f) AB - 3352 Parks & Recreation Department recommended adoption of a resolution revising
bylaws for the Renton Senior Citizen Advisory Board. Refer to Community Services
Committee.
g) AB - 3349 Police Department recommended execution of an interagency agreement with the
Organized Crime Drug Enforcement Task Force program, in order to accept $20,000 in grant
funds for the purpose of coordinating overtime for Organized Crime Drug Enforcement
activities. Refer to Finance Committee.
h) AB - 3345 Public Works Transportation Systems Division recommended approval of an
ordinance reducing the speed limit from 25 miles per hour (MPH) to 20 MPH for the following
streets: Aberdeen Ave NE from NE 27th St to NE 28th Pl; NE 28th Pl from Aberdeen Ave NE to
its western end; NE 28th St from Aberdeen Ave NE to its western end; NE 28th St from
Aberdeen Ave NE to its eastern end; Blaine Ave NE from NE 28th St to its eastern end. Refer
to Transportation (Aviation) Committee.
i) AB - 3346 Public Works Transportation Systems Division recommended execution of
Supplement #7 to CAG-20-127, with Perteet, Inc., in the amount of $51,316.16, for
construction management and inspection services for the Williams Ave S and Wells Ave S
Conversion project. Refer to Finance Committee.
j) AB - 3353 Public Works Utility Systems Division reported bid opening on April 20, 2023 and
submitted the staff recommendation to award CAG-23-048, Thunder Hills Sewer
Rehabilitation project, to the lowest responsive and responsible bidder Laser Underground
and Earthworks, Inc., in the amount of $2,052,252.99. Council Concur.
k) AB - 3354 Public Works Utility Systems Division submitted CAG-22-244, Maplewood Water
Treatment Plant Filter Media Replacement project, contractor McClure and Sons, Inc., and
requested acceptance of the project and release of retainage bond after 60 days once all
required releases from the State have been obtained and all claims have been legally cleared.
Council Concur.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, AS PRESENTED. CARRIED.
AGENDA ITEM #7. a)
May 15, 2023 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
a) Committee of the Whole Chair O'Halloran presented a report concurring in the staff
recommendation. The Committee further recommended that the ordinance regarding this
matter be presented for first reading at tonight’s Council meeting; followed by second and final
reading at the next Council meeting.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to approve the resolution authorizing the Mayor to sign the King County Re+ Pledge that
expresses support for Re+, King County’s re-envisioned zero waste plan.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to authorize the Mayor and City Clerk to execute the agreement with RH2 Engineering, Inc. in the
amount of $220,000 for professional services during construction of the West Hill Booster Pump
Station Improvements Project.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to authorize the Mayor and City Clerk to execute the agreement with GeoEngineers, Inc. in the
amount of $576,746 for the Panther Creek at Talbot Road S Culvert Replacement Project design
services.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4496: A resolution was read expressing support for Re+, King County's new
Waste Reduction Program.
MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinance for first reading:
b) Ordinance No. 6112: An ordinance was read repealing and replacing Title VI, Chapter 12 of
the Renton Municipal Code to regulate dangerous drugs and drug paraphernalia, authorizing
corrections, providing for severability, and establishing an effective date.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING.
CARRIED.
AGENDA ITEM #7. a)
May 15, 2023 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:50 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
15 May 2023
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
May 15, 2023
May 22, 2023
Monday
3:30 PM Finance Committee, Chair Pérez
Location: Council Conference Room/Videoconference
1. Supplement #7 to CAG-20-127 with Perteet, Inc. for Additional
Construction Management Services for the Williams Avenue South and
Wells Avenue South Conversion Project
2. Organized Crime Drug Enforcement Task Forces FY23 Agreement
3. Lobby Limited-Term Position
4. 4Culture Arts Sustained Support Program Grant
5. Vouchers
6. Emerging Issues in Finance
4:45 PM Planning & Development Committee, Chair Prince
Location: Council Conference Room/Videoconference
1. Comprehensive Plan Update
N 30th St Rezone
2. Docket 18, Group B Update
D-227: Impact Fees
3. Emerging Issues in CED
6:00 PM Committee of the Whole, Chair O’Halloran
Location: Council Chambers/Videoconference
1. Renton Connector Concept Update
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #7. a)
AB - 3359
City Council Regular Meeting - 22 May 2023
SUBJECT/TITLE: Amendment No. 8 to Agreement CAG-16-103 with RH2 Engineering,
Inc. for Replacement of Highlands 435-Zone Reservoirs and Mains -
Final Design and Bidding
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager
EXT.: 7210
FISCAL IMPACT SUMMARY:
Funding for Amendment No.8 to CAG-16-103 in the amount of $348,330 is available from the approved 2023-
2024 Water Utility Capital Improvement Program budget for the Highlands 435 Reservoirs Replacement
Project. The total funding for this multi-phased project is $20,830,552 (425.455597). The remaining budget
will be used to cover the construction cost for both phases of the project, professional services during
construction, city’s staff time for project management, inspection, and contingencies.
SUMMARY OF ACTION:
The pre-design study for the Highlands reservoirs replacement project has identified the need to replace an
existing 16-inch low-pressure water transmission main with a new 24-inch water main as part of the
replacement of the two existing Highlands 435-zone reservoirs. Under CAG-16-103, the consultant RH2
Engineering, Inc. has developed engineering plans for the project up to the 90% design level.
Water Utility staff conducted an in-house value engineering review of the 90% design plans for the project to
identify the risks associated with the construction of the project and the capital expense associated with
additional measures to mitigate the risks.
The installation of approximately 3,700 feet of new 24-inch diameter water main in NE 12th St. from Edmonds
Ave NE to Olympia Ave NE at a depth ranging from 10 feet to 20 feet would pose a very high risk for damages
to many existing underground public and private utilities within the NE 12th St. corridor. The deep and wide
excavation in sandy soils will most likely undermine and damage the adjacent existing underground public and
private utilities, which include gas, power, and fiber telecommunication, and city water, sewer, and storm
systems. The protection and relocation of these existing underground utilities is very costly and would
significantly extend the duration of construction for the water main improvements project.
We have determined that the most economical and lower risk alternative is to keep the existing 16-inch low-
pressure water main in NE 12th St. since it has an estimated remaining useful life of 50 years. Instead, a new
12-inch high-pressure water main at a shallower depth will be installed that can provide the fire flow demand
for several current and future commercial and mixed -used redevelopment projects in the Highlands. The
alternate design will provide an estimated construction cost saving of approximately $1.5 million due to the
installation of smaller pipe size and at shallower depth.
AGENDA ITEM #7. b)
Under the proposed amendment to the existing contract, the consultant will revise the design plans to reflect
the city-initiated changes, prepare additional design for storm drainage improvements, update the hydraulic
analysis, update the project cost-estimate, and provide the city with the final design plans and special
provisions for the bid documents. Construction of the project is anticipated to begin in the first quarter of
2024.
EXHIBITS:
A. Amendment No. 8 to CAG-16-103
B. Project location map
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Amendment No. 8 to CAG-16-103 with RH2 Engineering, Inc. in
the amount of $348,330 for the design of the replacement of the Highlands 435-Zone reservoirs and mains.
AGENDA ITEM #7. b)
AMENDMENT NO. 8 TO AGREEMENT FOR THE REPLACEMENT
OF HIGHLANDS 435 PRESSURE ZONE RESERVOIRS AND MAINS-
FINAL DESIGN AND BIDDING
THIS AMENDMENT, dated for reference purposes only as May 10, 2023, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and RH2 Engineering
(“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively
in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is
effective as of the last date signed by both parties.
Whereas, the City engaged the services of the Consultant under Agreement CAG-16-103, dated
June 8, 2016, to provide necessary services for the Replacement of Highlands 435 Pressure Zone
Reservoirs and Mains-Final Design and Bidding (referred to herein as the “Agreement”);
Whereas, the Parties wish to amend the Agreement to modify the scope of work and increase
the compensation in order to complete all work for the project.
NOW THEREFORE, It is mutually agreed upon that CAG-16-103 is amended as follows:
1. Scope of Work: Section I, Scope of Work, is amended to modify the Work as specified in
Exhibit A-8, which is attached and incorporated herein.
2. Compensation: Section VI, Compensation, is amended so that the maximum amount of
compensation payable to Consultant is increased by $348,330 from $1,123,964 to
$1,472,294, plus any applicable state and local sales taxes. The additional compensation
shall be paid based upon Work actually performed according to the rate(s) or amounts
specified in Exhibit C2-8 of the Agreement, which is attached and incorporated herein.
3. All terms of the Agreement not explicitly modified herein shall remain in full force and
effect and such terms shall apply to Work performed according to this Amendment as if
fully set forth herein.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date
last signed by the Parties below.
AGENDA ITEM #7. b)
PAGE 2 OF 2
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Tony Pardi
President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Maloney
Renton City Attorney
Contract Template Updated 06/17/2021
AGENDA ITEM #7. b)
1
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EXHIBIT A-8 – SCOPE OF WORK
Amendment No. 8
City of Renton
Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains
Final Design and Bidding
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility
Improvements
Professional Engineering Services
May 2023
Background
RH2 Engineering, Inc., (RH2) is currently providing engineering services for the design and bidding of
a new 6.3 million gallon (MG) reservoir to replace the City of Renton’s (City) existing Highlands (HLD)
435 Pressure Zone (PZ or Zone) reservoirs, as well as other water distribution and transmission main
improvements, and off-site utility and frontage improvements.
While originally it was planned that the project would be bid as a single project, the City has divided
the project into multiple phases that will be bid and constructed separately. The two phases are
generally described as follows.
• Phase 1: 435 Zone and 565 Zone Water Main and Off-Site Utility Improvements
• Phase 2: Highlands 435 Zone Reservoir
Due to the numerous public and private utilities within NE 12 th Street roadway corridor, the City has
decided not to replace the existing 16-inch low-pressure 435 Zone water main with a new 24-inch
main as originally planned. There is a greater risk for potential damage to existing critical utilities
from deep excavation required for the construction of a large diameter transmission water main.
The City anticipates that the existing 16-inch ductile iron water main has a remaining useful life of
perhaps 50 years. Instead, the City intends to install approximately 3,700 linear feet (lf) of new 12-
inch high-pressure (565 Zone) transmission main in NE 12th Street from Edmonds Avenue NE to
Queen Avenue NE to accommodate several current and future major redevelopment projects in the
Highlands area, including the Solera mixed-used development.
This Amendment is an authorization to modify the project Scope of Work and Fee Estimate
(Exhibit C2-8) as described below to provide services necessary to revise the design and complete
permitting and bidding efforts associated with Phase 1. Design for Phase 2, which is at approximately
90-percent completion and will be affected by these changes, is on hold pending the completion of
the Phase 1 design and bidding. A subsequent budget amendment for Phase 2 will be submitted at a
later date to address final design and permitting changes and final integration with Phase 1
improvements.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
2
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General Assumptions
The following assumptions were used in preparing this Scope of Work and associated Fee Estimate:
• Design revisions outlined in this Scope of Work were prepared based on comments provided
by the City in late 2022 and early 2023. Design revisions will be completed using a 60-90-100
and bid-ready deliverables schedule. Design documents will be provided for City review at
60-, 90-, and 100-percent milestones.
• The non-technical specifications, including the General Conditions, bidding, and contract
forms, will be based on the City’s standard bid and contract documents. It is anticipated that
the City will prepare the final bid packages with input from RH2.
• The technical specifications will be based on the City’s Special Provisions as amended for this
project. The City will take the lead in preparing the Special Provisions. RH2 will provide review
and comment of City-prepared Special Provisions, including providing supplemental
specifications where necessary to meet project requirements.
• No additional geotechnical boring, video inspection, or potholing for subsurface utility
investigation is included in this Amendment.
• The design and resulting construction work will be limited to City-owned property and
rights-of-way. No easements will be required.
• The contractor will be responsible for developing traffic control plans, including road closure
and bypass plans.
• The City will complete all permitting efforts as necessary and/or required to construct the
proposed improvements.
• The City will take the lead in project bidding with support from RH2.
• RH2 will rely upon the accuracy and completeness of information, data, and materials
generated or produced by City or others in relation to this Scope of Work. RH2 assumes that
the entity providing such information to RH2 is either the owner of such inform ation or has
obtained written authorization from the owner to distribute said information.
• RH2 will perform the services described up to the amounts included in the attached Fee
Estimate. If additional effort is needed, that extra work will be mutually determined by RH2
and the City.
• Unless otherwise noted, all deliverables will be provided in electronic format which may
include PDF, MS Word, and/or MS Excel.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
3
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BIDDING_REV1.DOCX
Amended Scope Tasks
The following describes the complete scope of services that are to be provided related to the
re-design and bidding of the Phase 1 improvements. All previous scope tasks and phases are to be
closed. Unless otherwise noted, all work related to the re-design and bidding of the Phase 2
improvements will be addressed via a future amendment.
PHASE 1: 435/565 ZONE WATER MAIN AND OFF-SITE UTILITY IMPROVEMENTS
Task 1 – Revise and Finalize Design of Phase 1 Improvements
Objective: Numerous changes have occurred within the Highlands area that directly impact the
design of the Highlands Reservoir: Phase 1 – 435/565 Zone Water Main and Off-Site Utility
Improvements. Included in this Task are services to complete project management, design updates
to existing utility and base map information to incorporate recent construction improvements and
mapping information, design stormwater improvements to abandon duplicate infrastructure and
resolve conveyance capacity issues, and revise water main designs to include a new 12-inch
(565-Zone) water transmission main from Edmonds Avenue NE to Queen Avenue NE, and services
during bidding.
Approach:
Provide Project Management Services: Manage RH2’s project team and maintain client
communications, including phone calls and emails, in addition to progress meetings.
a) Provide direction, coordination, and oversight to the RH2 project team. Organize,
manage, and coordinate technical disciplines as described herein, and implement quality
assurance and quality control (QA/QC) to perform this Scope of Work in close
coordination with City staff.
b) Document and retain information generated by the RH2 team during execution of the
project.
c) Prepare monthly invoices, budget status summaries, and progress reports.
d) Prepare for and attend coordination meetings with City staff, as requested. Prepare
agenda and meeting minutes. A total of four (4) meetings are assumed for this Scope of
Work, in addition to the other milestone and review meetings identified elsewhere in this
Scope of Work.
e) Create, maintain, and update an internal project design schedule. Monitor, modify, and
update the project schedule periodically throughout the design phase to determine
potential impacts of proposed changes. Adjust the schedule to reflect the current status
of the project and revisions made to this Scope of Work.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
4
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BIDDING_REV1.DOCX
Update Base Map and Existing Condition Drawings: Since the original topographic survey was
performed in 2016, with supplemental information added in 2018, several private
developments, franchise utility, and City improvement projects have been constructed that
directly affect the Highlands Off-Site Utility Improvements project.
The following work is included in this subtask:
a) Incorporate Changes Related to Recent Construction: Coordinate with the City to identify
and obtain construction record drawings of recently completed and/or pending
development projects that are within or intersect the project limits. Update base map
drawing and existing utility models to incorporate changes in utility locations and
condition as documented in record drawings. Coordinate with the City to identify and
reconcile discrepancies between GIS and survey/record drawing mapping of utility. This
subtask assumes, at a minimum, the following recent projects: Solera Private
Development; NE 16th St-Jefferson Ave NE Stormwater Green Connections; Kiddie Care
Private Development; a 28-Lot Subdivision, and Puget Sound Energy Gas Main Relocation.
b) Incorporate Available Pothole Information: Coordinate with the City to identify and obtain
available pothole information related to recent utility and development projects. Update
base map plan and profile drawings to reflect pothole information provided by others
where sufficient data is available.
c) Incorporate Additional Side Sewer Information: Coordinate with the City to review and
confirm the depth and location of existing side sewers crossing the proposed utilities.
Update base map plan and profile drawings to reflect current side sewer information
where new and sufficient data is available.
Prepare Stormwater Design Drawings: The City has identified the need to construct
stormwater improvements within NE 12th Street to resolve existing capacity issues and
eliminate duplicate stormwater collection systems that are contributing to right-of-way
congestion affecting the proposed water main improvements. The proposed improvements
under this subtask will generally include the following:
• Modify approximately 1,700 lf of storm collection system to re-route and abandon the
existing 12-inch storm between Edmonds Avenue and Kirkland Avenue and transfer
stormwater collection to the existing 36-inch storm.
• Replace approximately 300 lf of existing 12-inch storm with proposed 18-inch storm pipe to
address capacity issues between Kirkland Avenue NE and NE Sunset Boulevard.
• Upgrade approximately 500 lf of existing 12-inch concrete storm pipe to polypropylene from
NE Sunset Boulevard to Monroe Avenue NE and update vertical and horizontal locations (as
necessary) of the currently proposed, approximately 600 lf of 12-inch storm system from
Monroe Avenue NE east to the reservoir site to accommodate reservoir site stormwater and
the controlled release of reservoir overflow and/or drain water.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
5
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BIDDING_REV1.DOCX
The City has evaluated the adequacy of the conveyance capacity of the proposed
configuration of the storm system, outlined above, within NE 12th Street to accommodate
street runoff, reservoir site stormwater conveyance, and the managed release of reservoir
overflow and/or drain water. The City will document these findings with a technical
memorandum that will serve as the basis for the final improvements.
The current design of the proposed Highlands Reservoir overflow/drain system is based on the
original preliminary design that called for the existing 435 Zone transmission main to be
replaced and repurposed to convey flows to the sanitary sewer within NE Sunset Boulevard.
The reservoir overflow/drain improvements will need to be further evaluated during the final
design of the reservoir and are expected to be included with the Phase 2 amendment. In
general, it is assumed that the proposed reservoir overflow/drain design will be revised to
discharge to the stormwater system in NE 12 th Street at a controlled rate that will be
established by the City in the above-referenced technical memorandum. In the event that the
stormwater system is unable to convey the overflow rate from the reservoir, it is assumed that
any excess water will need to be temporarily detained onsite and then discharged at the
controlled rate.
The following work is included in this subtask and includes development of the design up to
90-percent completion. Work associated with advancing the design from 90-percent to
100-percent (bid ready) is included in Task 1.15.
a) Prepare 60-Percent Storm Design: Prepare plan and profile drawings for proposed storm
relocation and improvements and incorporate into current set of design drawings.
Prepare section profiles at each proposed storm crossing. Prepare preliminary detail
drawings and schedule of bid items with quantities for proposed improvements.
b) Prepare 90-Percent Storm Design: Incorporate and respond to City 60-percent design
review comments and advance stormwater design to a 90-percent completion level. This
task assumes that no stormwater bypass plans, stormwater calculations, or reporting are
required or will be provided as part of these improvements. Update bid schedule and
quantities based on 90-percent design and coordinate with the City’s Special Provisions
for the project.
Update Water Main Design Drawings to 90-Percent: The proposed water main improvements
under this subtask will generally include the following:
• 565 Zone improvements include approximately 3,700 LF of new 12-inch water main from
Edmonds Avenue NE to Queen Avenue NE including connections to existing water mains
withing the side streets of NE 12th Street within the same pressure zone.
• Provide additional modifications to the existing water system to isolate and temporarily cap
HLD 565 water mains in the side streets along NE 12th Street prior to water main construction,
including provisions to supply temporary water service to existing customers.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
6
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BIDDING_REV1.DOCX
• 435 Zone improvements are expected to be limited to the installation of up to 500 LF of new
transmission main, up to 24 inches, between the eastern portion of the reservoir site to
Monroe Avenue NE and the necessary connections to the existing reservoir piping, a stub for
the future reservoir connection, and a connection between the existing 16 -inch and
10/12-inch transmission mains in or around the intersection of NE Sunset Boulevard and
NE 12th Street. The 435-Zone transmission main replacement will be re-evaluated at a later
date with an alignment favoring northern and then western corridors along NE Sunset
Boulevard.
• Coordinate the revised design for the proposed water mains with the proposed stormwater
improvements and the City’s proposed fiber optic communication conduit accordingly.
The following work is included in this subtask as necessary to revise and update the
watermain design up to 90-percent completion. Work associated with advancing the design
from 90-percent to 100-percent (bid ready) is included in subtask 1.15.
a) Review Utility Improvements within the NE 12th Street Corridor: Assess different levels of
utility improvements within the NE 12th Street corridor based a variety of constraints
including, but not limited to, construction phasing, utility maintenance, and corridor
management. Meet with the City three (3) times to review alternative solutions for the
proposed utility improvements. Prepare and provide background information and
engineering opinions to support the further development and amendment of the project
scope and design. This subtask was completed concurrently with the development of this
Scope of Work and no additional effort is budgeted.
b) Update Hydraulic Analysis and Documentation: Perform additional 435 Zone analysis to
support continued use of the existing 435 Zone transmission mains, to determine
transmission requirements (present and future) from the new reservoir, and to confirm
fire flow availability level of service. Outline future improvements to be made outside of
the NE 12th Street corridor and the triggers for when improvements should be made. It is
assumed that future transmission needs in the 435 Zone will be directly connected to the
new reservoir, will leave the reservoir site near the northwest corner, and will ultimately
be routed through the NE Sunset Boulevard corridor. Prepare a technical memorandum
documenting the results of the analysis and clarify the changes to the basis of design.
c) Update Temporary Isolation and Water Service Plans: Update and prepare design plans
detailing construction requirements needed to temporarily isolated the existing water
mains within the side streets of NE 12th Street that will facilitate reconnection to the new
main. In general, it is anticipated that the existing water main can be isolated through
temporary cutting and capping of branch mains and without additional provisions for
temporary water service.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
7
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BIDDING_REV1.DOCX
d) Update Plan and Profile Drawings: Revise design of horizontal and vertical alignment for
proposed mainline water mains to accommodate changes related to base map u pdates,
proposed storm improvements, and City comments. Update and separate water main
plan and profile drawings for HLD 435 and HLD 565 PZ improvements.
e) Update Crossing Section Drawings: Revise design of horizontal and vertical alignment for
proposed crossing water mains (i.e. connections to existing, hydrant runs, and large
and/or fire services) to accommodate changes related to base map updates, proposed
storm improvements, and City comments. Update cross-section drawings for HLD 435 and
HLD 565 PZ improvements.
f) Update Connection Details Drawings: Revise details for water main testing and final
connections based on revised designs. Coordinate testing and final connection details
with temporary isolation and construction phasing plans.
Update Electrical and Communication Plans and Details: Revise the alignment of the
proposed communication conduit between Edmonds Avenue and the Highlands Reservoir
site based on the revised water and storm, other recent improvements, and City comments.
It is anticipated that the communications conduit will be installed in the same trench as the
new 565 Zone main.
Update Restoration Plans: Update restoration plans based on design revisions and City
comments. Revise restoration plans to separate out improvements that will be completed
under Phase 2. This subtask assumes that restoration related to the Highlands Reservoir site
frontage improvements, including curb/gutter, sidewalk, fencing, retaining walls,
landscaping, and bus stop improvements will now be performed under Phase 2. Phase 1
restoration improvements will be limited to right-of-way improvements directly associated
with proposed utility construction.
Update General Drawings and Details: Update general information, construction notes, and
standard details based on design revisions and City comments. Review the current version of
the City’s standard details and Special Provisions and reconcile any updates with the design
plans.
Update Special Provisions and Engineer’s Estimate: Perform review of City’s project-specific
Special Provisions and provide comments and revisions as appropriate at the 90-percent
levels. Coordinate with the City to define the bid item schedule and provide estimated
quantities for bid items, including back-up calculations where appropriate at each project
delivery milestone. Prepare and submit Engineer’s Opinion of Probable Construction Cost
(OPCC) (i.e. Engineer’s Estimate) as part of the 90-percent design submittal.
Submit for 60-Percent City Reviews: Prepare and submit plans, reviewed specifications, and
bid schedule with quantities for City review at the approximate 60-percent completion level.
At this stage, it is assumed that all new and revised plan sheets will be included, although
some details may not yet be updated or included. The primary goals for this review will be for
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
8
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BIDDING_REV1.DOCX
the City to confirm the location of the proposed utility alignments, location of existing utilities
and required potholing, and the proposed temporary service and construction sequencing
requirements.
Submit for 90-Percent City Review: Prepare and submit plans, reviewed specifications, and
Engineer’s Estimate (PSE) for City review at the approximate 90-percent completion level. At
this stage, the plans and specifications are generally expected to be nearly complete and
ready for final permitting and utility coordination prior to construction.
Submit for 100-Percent City Review: Prepare and submit PSE for City review at the
approximate 100-percent completion level. At this stage, the plans and specifications are
considered complete and minimal comments from final review are expected.
Attend Design Review Meeting(s): Attend design review meetings with City following each of
the 60-, 90-, and 100-percent design submittals to review comments and respond to
questions from City staff.
Perform Quality Control Review: Perform internal quality control review of design and
construction documents based on the 90-percent design. Review responses to written
comments following the City’s review of the 60-, 90-, and 100-percent documents and
revisions to documents for consistency with overall design intent.
Prepare 100-Percent (Bid-Ready) Design: Incorporate and respond to City and internal quality
control review comments based on 90-percent design and advance overall design to a
100-percent completion level. Address minor revisions to plans and specifications as
necessary to make bid-ready documents following City review of 100-percent submittal.
Assist the City with Bidding Services: Support the City with the bidding and award process for
the construction of Phase 1 of the project. It is assumed that the City will advertise the project
and be the main point of contact for bidders. RH2 will provide assistance up to the level of
effort identified in the Fee Estimate.
The following work is included in this subtask:
a) Respond to Questions from Bidders: Respond to bidders’ technical questions, as
requested by the City, as needed during the bidding process. Prepare and submit
responses to the City for review, comment, and final distribution to bidders. RH2 will not
coordinate directly with bidders unless explicitly requested by the City.
b) Prepare Addenda: Prepare content for up to two (2) addenda if determined necessary to
clarify, revise, or change the construction plans, technical specifications, or project
conditions during the bidding process and review draft addenda compiled by the City
prior to finalizing. The City will take the lead on addenda preparation and will be
responsible for final submittal/issuance.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
9
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BIDDING_REV1.DOCX
Provided by City:
• As-built construction drawings from recent utility and development projects not included in
original survey in DWG and PDF formats.
• Review of base map drawings for discrepancies with City utility mapping, CCTV inspection,
and pothole information. Where appropriate, provide updated mapping, side sewer cards,
and/or pothole information to resolve discrepancies.
• Preparation of Draft and Final Special Provisions.
• Final Bid and Construction Contract forms.
• Written comments following review at 60-, 90-, and 100-percent milestones.
• Attendance at 60-, 90-, and 100-percent review meetings.
• Prepare and submit bid advertisement to the appropriate publications and payment of fees.
• Fielding and responding to bidder questions.
• Issuance of addenda, as needed.
• Bid tabulation in PDF format and MS Excel format.
RH2 Deliverables:
• Monthly invoices, budget status summaries, and progress reports.
• Meeting agendas and minutes.
• Project schedule updates.
• 60-percent, 90-percent, 100-precent, and bid-ready design drawings:
o Revised base map and existing conditions drawings with potholing recommendations
(approximately eleven [11] sheets).
o Additional stormwater plan, profile, and detail drawings (approximately twelve [12]
sheets).
o Revised HLD 435 and HLD 565 PZ water main plan, profile, and details drawings
(approximately twenty-five [25] sheets).
o Revised electrical and communication plans and details (approximately four [4]
sheets).
o Revised general and restoration plans (approximately fifteen [15] sheets).
• Track-changes version of City-prepared Special Provisions with RH2 project-specific review
comments and revisions in MS Word format.
AGENDA ITEM #7. b)
City of Renton – Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8
Final Design and Bidding Exhibit A-8
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work
10
5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND
BIDDING_REV1.DOCX
• Schedule of bid items with quantities and back-up calculations, and OPCC in MS Excel format,
based on 90-percent design.
• Attendance at 60-, 90-, and 100-percent review meetings.
• Responses to contractor or supplier questions via email.
• Up to two (2) addenda.
AGENDA ITEM #7. b)
5/5/2023 2:13:00 PM Z:\Projects\Data\REN\113-104\00 Contracts and PM\Project Scoping\Final Design - Amendment 8\PSA_AMEND NO. 8_Exhibit B-8_Completion Schedule.docx
Exhibit B-8: Time Schedule of Completion
City of Renton
Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains
Final Design and Bidding
Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility
Improvements
Task
Anticipated
Completion
TASK 1 - REVISE AND FINALIZE DESIGN OF PHASE 1 IMPROVEMENTS
Project Management Throughout Contract
Duration
Prepare and Submit 60-Percent Design NTP + 2 months
Prepare and Submit 90-Percent Design NTP + 4 months
Prepare and Submit 100-Percent (Bid-Ready) Design NTP + 6 months
ANTICIPATED CONTRACT COMPLETION DATE: Prior to December 31, 2023
AGENDA ITEM #7. b)
Consultant:
RH2 ENGINEERING, INC
Overhead
Multiplier
Fee Multiplier
195.10%12.00%
Professional I $ 48.71 $ 95.04 $ 17.25 $ 161.00
Professional II $ 53.86 $ 105.07 $ 19.07 $ 178.00
Professional III $ 59.91 $ 116.88 $ 21.21 $ 198.00
Professional IV $ 65.66 $ 128.09 $ 23.25 $ 217.00
Professional V $ 70.50 $ 137.54 $ 24.96 $ 233.00
Professional VI $ 74.73 $ 145.80 $ 26.46 $ 247.00
Professional VII $ 80.18 $ 156.43 $ 28.39 $ 265.00
Professional VIII $ 84.11 $ 164.10 $ 29.79 $ 278.00
Professional IX $ 84.11 $ 164.10 $ 29.79 $ 278.00
Technician I $ 38.12 $ 74.38 $ 13.50 $ 126.00
Technician II $ 41.45 $ 80.87 $ 14.68 $ 137.00
Technician III $ 46.59 $ 90.91 $ 16.50 $ 154.00
Technician IV $ 51.13 $ 99.76 $ 18.11 $ 169.00
Technician V $ 55.67 $ 108.61 $ 19.71 $ 184.00
Technician VI $ 61.42 $ 119.83 $ 21.75 $ 203.00
Technician VII $ 66.56 $ 129.87 $ 23.57 $ 220.00
Technician VIII $ 69.89 $ 136.36 $ 24.75 $ 231.00
Administrative I $ 25.42 $ 49.58 $ 9.00 $ 84.00
Administrative II $ 29.65 $ 57.85 $ 10.50 $ 98.00
Administrative III $ 35.40 $ 69.06 $ 12.54 $ 117.00
Administrative IV $ 41.45 $ 80.87 $ 14.68 $ 137.00
Administrative V $ 47.80 $ 93.27 $ 16.93 $ 158.00
In-House Copies B/W - 8.5x11 $ 0.09
In-House Copies B/W - 8.5x14 $ 0.14
In-House Copies B/W - 11x17 $ 0.20
In-House Copies Color - 8.5x11 $ 0.90
In-House Copies Color - 8.5x14 $ 1.20
In-House Copies Color - 11x17 $ 2.00
CAD Plots Large $ 25.00
CAD Plots Full $ 10.00
CAD Plots Half $ 2.50
CAD/GIS System Per Hour $ 27.50
Mileage Current IRS Rate
Subconsultants will be billed at cost plus 15%
Outside Services At Cost
Outside direct costs for permit fees,reports,maps,data,reprographics,couriers,postage,and non-
mileage related travel expenses that are necessary for the execution of the project and are not
specifically identified elsewhere in the contract will be billed at cost.
Exhibit C1-8
Consultant Fee Determination - Summary Sheet
(Negotiated Hourly Rates of Pay)
Fee Schedule
Staff Classification
Negotiated Rate
Per Hour
Negotiated Hourly
Rate
Rates listed are adjusted annually.
AGENDA ITEM #7. b)
August 16, 2021
RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210
Bothell, WA 98021
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Myra Sachs:
20 Indirect Cost Rate (ICR) of 195.10% of direct labor. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT. Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:mya
AGENDA ITEM #7. b)
EXHIBIT C2-8
Fee Estimate
Amendment No. 8
City of Renton
Highlands 435 Pressure Zone Reservoir Improvements
Replacement of Highlands 435 Pressure Zone Reservoir and Mains
Final Design and Bidding
Phase 1 - Highlands 435/565 Zone Water Main and Off-Site Utility Improvements
Professional Engineering Services
May-23
Description
Principal Project Manager Project Engineer Hydraulic Modeling
and Analysis
Project Civil Engineer Staff Civil
Engineer
Project Electrical
Engineer
Staff Electrical
Engineer
Project Accounting Administrative
Support
Total
Hours
Total Labor Total Expense Total Cost
Classification Professional IX Professional VIII Professional VI Professional V Professional IV Professional III Professional VII Professional II Administrative V Administrative V
Rate $278.00 $278.00 $247.00 $233.00 $217.00 $198.00 $265.00 $178.00 $158.00 $158.00
Task 1 Revise and Finalize Design of Phase 1 Improvements 50 231 197 28 290 530 16 30 10 18 1400 315,175$ 33,155$ 348,330$
1.1 Provide Project Management Services 12 40 30 ----10 10 102 25,026$ 822$ 25,848$
1.2 Update Base Map and Existing Condition Drawings -12 8 -24 56 ----100 21,608$ 2,383$ 23,991$
1.3 Prepare Stormwater Design Drawings -40 16 -104 180 ----340 73,280$ 9,495$ 82,775$
1.4 Update Water Main Design Drawings 4 72 76 28 96 184 ----460 103,688$ 10,350$ 114,038$
1.5 Update Electrical and Communication Plans and Details ---4 16 8 16 --44 9,004$ 1,105$ 10,109$
1.6 Update Restoration Plans -2 2 8 16 ----28 5,954$ 699$ 6,653$
1.7 Update General Drawings and Details -2 2 4 8 ----16 3,502$ 363$ 3,865$
1.8 Update Special Provisions and Engineer's Estimate -12 12 8 8 ----40 9,620$ 598$ 10,218$
1.9 Submit for 60-Percent City Reviews -3 3 -4 ---2 12 2,683$ 586$ 3,269$
1.10 Submit for 90-Percent City Review -3 3 -4 ---2 12 2,683$ 586$ 3,269$
1.11 Submit for 100-Percent City Review -3 3 -4 ---2 12 2,683$ 586$ 3,269$
1.12 Attend Design Review Meeting(s)-8 8 ------16 4,200$ 1,169$ 5,369$
1.13 Perform Quality Control Review 30 10 4 2 2 4 2 --54 14,354$ 905$ 15,259$
1.14 Prepare 100-Percent (Bid-Ready) Design 4 16 20 24 40 2 4 -2 112 25,186$ 2,579$ 27,765$
1.15 Assist the City with Bidding Services -8 10 16 8 2 8 --52 11,704$ 930$ 12,634$
PROJECT TOTAL 50 231 197 28 290 530 16 30 10 18 1400 315,175$ 33,155$ 348,330$
PHASE 1: 435/565 ZONE WATER MAIN AND OFFSITE UTILITY IMPROVEMENTS
\\corp.rh2.com\dfs\Projects\Data\REN\113-104\00 Contracts and PM\Project Scoping\Final Design - Amendment 8\PSA_AMEND NO. 8_Exhibit C-8_FEE_Final Design and Bidding_rev1.xlsm 5/8/2023 2:00 PM AGENDA ITEM #7. b)
10,141
845
Highlands Reservoirs Transmission Mains
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
PROJECT LOCATION MAP
5/15/2023
Legend
5750287
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
575
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
Addresses
Parcels
City and County Boundary
<all other values>
Renton
Streets
Parks
Waterbodies
Designated Neighborhoods
2021.sid
Red: Band_1
Green: Band_2
Blue: Band_3Edmonds Ave NEQueen Ave NENE Sunset BlvdPROJECT LOCATION
NEW 12-INCH WATER TRANSMISSION MAIN
AGENDA ITEM #7. b)
EXECUTIVE DEPARTMENT
M E M O R A N D U M
DATE: May 18, 2023
TO: Valerie O’Halloran, Council President
Members of Renton City Council
FROM: Ed VanValey, Chief Administrative Officer
SUBJECT: Blake Impact
Over the last two and a half days, staff (primarily your City Attorney’s office) have been going
through the updated changes to SB 5536 and applying them to Ord #6112. We have made the
necessary changes and highlighted the changes below in what we hope is an easy-to-read
format.
After the Council conducted first reading of Ordinance No. 6112 regarding the regulation of
dangerous drugs on May 15, 2023, the state legislature passed Second Engrossed Second
Substitute Senate Bill 5536 and the Governor signed it into law. Most of its provisions take
effect either July 1 or 90 days after passage. We recommend revising Ordinance No. 6112 prior
to second reading to provide consistency with SB 5536.
SB 5536 Provisions vs. Ordinance No. 6112 as First Read vs. Proposed Revised Ordinance No.
6112:
Senate Bill 5536 Ordinance No. 6112
as First Read
Ordinance No. 6112
as Revised
Penalties
Gross misdemeanor
with maximum fine of
$1000 and maximum
jail sentence of 180
days for the first two
convictions, and 364
days thereafter.
Gross misdemeanor
with maximum fine
of $5000 and
maximum jail
sentence of 364
days.
Aligns with SB 5536.
Senate Bill 5536 Ordinance No. 6112
as First Read
Ordinance No. 6112
as Revised
Drug
paraphernalia
Broadly preempts
regulation of drug
paraphernalia by Cities
and does not make use
or possession for
consumption purposes
a crime.
Specifically regulates
possession and use
of drug
paraphernalia.
Removes all
regulations relating
to drug
paraphernalia.
AGENDA ITEM #9. a)
Valerie O’Halloran, Council President
Members of Renton City Council
Page 2 of 2
May 18, 2023
Senate Bill 5536 Ordinance No. 6112
as First Read
Ordinance No. 6112
as Revised
Use of drugs in
public
Makes it a crime to use
drugs in public, but
narrowly defines “use”
as actual consumption
of dangerous drugs. To
arrest for this crime,
the consumption
would need to occur in
the presence of the
arresting officer.
Broadly defines use
to include not just
consumption, but a
wider array of
activities that are
carried out in an
attempt to use,
manufacture, or
exchange dangerous
drugs in a public
place.
Deletes definition of
“use” to avoid
confusion with SB
5536 and
incorporates the
substance of that
previously defined
term within the
substance of the
City’s regulation of
public drug activities.
Disposal of Drugs
and Paraphernalia Not addressed.
Focus is on disposal
of drugs and drug
paraphernalia.
Prohibits negligent
handling of
dangerous drugs and
“drug waste” to
protect the public
against accidental
contact/exposures to
dangerous drugs.
Possession of
Dangerous Drugs
Added knowledge
element and adopted
penalties described
above, which cities
cannot deviate from.
Matches SB 5536,
except for slight
difference in
penalties.
Deleted as
unnecessary and
duplicative – the City
will enforce the state
law including the
penalties provided
for therein.
There are other elements of SB 5536 that are beyond the scope of this email, including issues
surrounding funding for treatment and additional diversion opportunities. Staff will continue to
review opportunities the new law will provide to achieve the City’s goal to focus on encouraging
and assisting individuals struggling with addiction to get treatment and will comply with all
requirements of the new legislation. To the extent there are opportunities for which the staff
recommends legislative action (such as accepting grant funds), those opportunities will be
brought to the Council separately from a vote on Ordinance No. 6112.
For your reference, a tracked changes version of the revised ordinance showing what has
changed is attached.
As always, we are available for any questions you might have. The newly changed ordinance will
be uploaded and ready for review once we are done changing (and proofing) the recitals.
AGENDA ITEM #9. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING AND
REPLACING TITLE VI, CHAPTER 12 OF THE RENTON MUNICIPAL CODE TO
REGULATE DANGEROUS DRUGS AND DRUG WASTE, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Washington Supreme Court, in its decision, State v. Blake, 197 Wn.2d 170
(2021), deemed Washington State’s law criminalizing possession of controlled substances as an
unconstitutional violation of due process because it did not require proof the possessor knew
they possessed the substance; and
WHEREAS, in response to Blake, Washington’s sixty-seventh legislature enacted Senate
Bill 5476, addressing justice system responses and behavioral health prevention, treatment, and
related services by making drug possession a misdemeanor, adding a knowledge element, and
requiring the diversion of substance abusers into treatment programs in lieu of jail booking; and
WHEREAS, the provisions of Senate Bill 5476 adding the knowledge element and
penalizing possession as a misdemeanor will expire on July 1, 2023; and
WHEREAS, in the first special session of Washington’s sixty-eighth legislature, the Second
Engrossed Second Substitute Senate Bill 5536 was enacted into law, modifying the criminal
penalty for knowing possession of controlled substances and creating a new crime of knowing
use of controlled substances in a public place; and
WHEREAS, following the enactment of the Second Engrossed Second Substitute Senate
Bill 5536 it is unnecessary for the City to adopt its own law prohibiting knowing possession of
AGENDA ITEM #9. a)
ORDINANCE NO. ________
2
controlled substances, because it already adopts and enforces state laws pursuant to Title VI,
Chapter 10 of the Renton Municipal Code; and
WHEREAS, it remains punishable as a felony to manufacture, deliver, or possess with
intent to manufacture or deliver a controlled substance under existing Washington law; and
WHEREAS, the City of Renton as a non-charter code city is empowered by the Washington
constitution to enact local police, sanitary and other regulations that are not in conflict with
general laws; and
WHEREAS, Washington’s Supreme Court, in its decision in City of Tacoma v. Luvene, 118
Wn.2d 826 (1992), has upheld the authority of cities to criminalize certain drug-related activity
where those laws do not conflict with the state’s Uniform Controlled Substances Act; and
WHEREAS, the Second Engrossed Second Substitute Senate Bill 5536 more explicitly
restricts local governments from separately regulating drug paraphernalia but leaves in place
local government’s authority to regulate impacts of drugs and drug related activity consistent
with the decision in Luvene; and
WHEREAS, improper disposal of drugs and drug waste poses significant risks to the health
and safety of the public, such as first responders, public employees, volunteers, children, and
other members of the public coming into contact with or accidentally consuming, inhaling, or
being injected with Dangerous Drugs; and
WHEREAS, as a result of these risks, it is necessary to take steps to deter those who use
or otherwise handle dangerous drugs and drug waste from improperly disposing or leaving
unattended such dangerous drugs or drug waste so as to not create risks of unsafe exposures
and increased costs to maintain public pla ces;
AGENDA ITEM #9. a)
ORDINANCE NO. ________
3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance that are not
shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect
and unchanged.
SECTION II. Title VI, Chapter 12 of the Renton Municipal Code is repealed in its entirety
and replaced to read as follows:
CHAPTER 12
REGULATION OF DANGEROUS DRUGS AND DRUG WASTE
6-12-1: Definitions
6-12-2: Unlawful Public Dangerous Drug Activities
6-12-3: Negligent Handling of Dangerous Drugs or Drug Waste
6-12-4: Diversion Programs
6-12-5: Severability Clause
6-12-1 DEFINITIONS:
For purposes of this Chapter, the following terms shall be defined as follows:
DANGEROUS DRUGS: include any of the following:
A. Any controlled substance, excluding cannabis, or controlled substance analog as
those terms are defined in RCW 69.50.101, as those terms now exist or shall hereafter
be amended or recodified.
B. Any controlled substance or legend drug that is falsely labeled so as to
appear to have been legitimately manufactured or distributed, or to mislead as to
the actual contents or nature of the substance contained therein.
AGENDA ITEM #9. a)
ORDINANCE NO. ________
4
C. Any legend drug. As used herein, “legend drug” means any drug which is
required by state law or regulation of the pharmacy quality assurance commission
to be dispensed on prescription only or is restricted to use by practitioners only.
DRUG WASTE: shall mean any object that is: (a) not safely controlled or stored so
as to avoid the risk of potentially harmful contact or consumption by o thers; and
(b) either (i) contains any Dangerous Drug (including traces or residue thereof) or
(ii) which a person observing the object reasonably concludes that the object is
likely to contain Dangerous Drugs (including traces or residue thereof).
PUBLIC PLACE: means an area that is generally open to public access according to
law, invitation, custom, or license. This definition is intended to include without
limitation: sidewalks, parking lots and parking garages, streets, alleys, highways,
or roads; public buildings and grounds, including schools, parks, playgrounds, and
meeting halls; establishments to which the public is invited including restaurants,
theaters, stores, gas stations, meeting halls, government offices, lobbies, halls and
dining rooms of hotels, bars, taverns, pubs, or establishments where beer alcohol
or soft drinks may be sold, and their associated parking lots, parking structures,
walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and
other public conveyances of all kinds and character, and their associated stations
and platforms used in conjunction therewith which are open to use and access by
the public; and all other places of like or similar nature.
USE: means an act which is a substantial step toward manufacturing, handling,
holding, transferring, buying, selling, exchanging, displaying, concealing, storing,
AGENDA ITEM #9. a)
ORDINANCE NO. ________
5
preparing for consumption, injecting, ingesting, inhaling, or introducing into the
human body.
6-12-2 UNLAWFUL PUBLIC USE OF DANGEROUS DRUGS ACTIVITIES OR DRUG
PARAPHERNALIA:
A. It is unlawful for any person to knowingly use any dangerous drug or drug
paraphernalia in a place or manner in which such use commit an act that is
viewable from a public place if such act is a substantial step toward manufacturing,
handling, holding, transferring, buying, selling, exchanging, displaying, concealing,
or storing, or preparing for consumption, injecting, ingesting, inhaling, or
introducing into the human body any dangerous drugs, except as provided below:
1. It is not a violation of this section if the circumstances of the
person’s to commit an act that is expressly authorized or licensed by the laws
of the State of Washington or federal law, local, state or federal laws, codes,
or regulations, including but not limited to the laws found in Chapter 69.41
RCW, Chapter 69.43 RCW, Chapter 69.50 RCW, Chapter 69.51A RCW, Chapter
69.52 RCW, and Chapter 13 of Title 21 U.S.C. Ch. 13, as such laws exist or are
hereafter amended or recodified.
2. It is not a violation of this section if the person’s act is in furtherance
of a lawful written or oral prescription issued by a medical professional who is
legally licensed and authorized to prescribe the use for authorized medical
purposes.
AGENDA ITEM #9. a)
ORDINANCE NO. ________
6
a. This exception includes, but is not limited to, a person picking up a
lawfully prescribed medication from a licensed pharmacy and
delivering it to the patient who was prescribed the medication for
their authorized medical use.
b. This exception shall not apply to any act that is in furtherance of
consumption, injection by, inhalation by, or introduction into a
person other than whom the medication was prescribed for use nor
for any act that is inconsistent with the prescribed medical use.
B. A violation of this section is a gross misdemeanor, punishable as follows:
1. By imprisonment of up to 180 days in jail, or by a fine of not more
than $1,000, or by both such imprisonment and fine; or
2. If the defendant has two or more prior convictions under this
section or other state or local law regulating dangerous drugs, a third or
subsequent violation of this section is punishable by imprisonment for up to
364 days, or by a fine of not more than $1,000, or by both such imprisonment
and fine.
B. A violation of this section is a gross misdemeanor, punishable by up to 364
days in jail and a $5000 fine. 6-12-33 NEGLIGENT HANDLING OF DANGEROUS
DRUGS OR DRUG WASTE:
AGENDA ITEM #9. a)
ORDINANCE NO. ________
7
A. Dangerous Drugs shall be safely stored and disposed of in accordance
with all applicable local, state, or federal laws, codes, rules, or regulations so as
to avoid risk of accidental exposure or contact by any person.
B. It is unlawful for any person to negligently dump, discard, deposit, throw,
discharge, or leave unattended any dangerous drug or any drug waste in any
public place or solid waste collection container where another person could
accidently come into contact with the dangerous drug or drug waste.
C. A violation of this section is a gross misdemeanor, punishable by up to
364 days in jail and a $5000 fine.
6-12-4 DIVERSION PROGRAMS:
To the extent sufficient resources are available, those responsible for enforcing
this chapter may use community court or create diversion or therapeutic
programs designed to provide those accused of violating this chapter an
opportunity to seek needed addiction treatment. Such diversion programs may be
formally structured or allow for informal exercises of discretion. Regardless of the
availability of formal diversion programs, police officers, prosecutors, and judges
are encouraged to exercise discretion to offer leniency in sentencing and/or
diversion from conviction of charges under this Chapter for those who successfully
complete available addiction treatment or other services that are deemed helpful
to avoiding continued violations of this chapter.
6-12-5 SEVERABILITY CLAUSE:
AGENDA ITEM #9. a)
ORDINANCE NO. ________
8
This Chapter is specifically intended to be consistent with and not conflict with
applicable state or federal laws. If any provision of this Chapter or its application
to any person or circumstance is held invalid, the remainder of the Chapter, or the
application of the provision to other persons or circumstances , shall not be
affected. To the extent a court finds that state law preempts any penalty
established in this Chapter and requires an act made unlawful by this Chapter be
punished differently than provided herein, the Renton Municipal Court shall retain
jurisdiction over the violation of this Chapter and impose the punishment required
by state law in lieu of the penalties prescribed herein.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and eff ect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary consisting of this
ordinance's title shall be published in the City's official newspaper.
AGENDA ITEM #9. a)
ORDINANCE NO. ________
9
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2023.
__________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-ES: 2265: 5.10.23
AGENDA ITEM #9. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING AND
REPLACING TITLE VI, CHAPTER 12 OF THE RENTON MUNICIPAL CODE TO
REGULATE DANGEROUS DRUGS AND DRUG WASTE, AUTHORIZING
CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Washington Supreme Court, in its decision, State v. Blake, 197 Wn.2d 170
(2021), deemed Washington State’s law criminalizing possession of controlled substances as an
unconstitutional violation of due process because it did not require proof the possessor knew
they possessed the substance; and
WHEREAS, in response to Blake, Washington’s sixty-seventh legislature enacted Senate
Bill 5476, addressing justice system responses and behavioral health prevention, treatment, and
related services by making drug possession a misdemeanor, adding a knowledge element, and
requiring the diversion of substance abusers into treatment programs in lieu of jail booking; and
WHEREAS, the provisions of Senate Bill 5476 adding the knowledge element and
penalizing possession as a misdemeanor will expire on July 1, 2023; and
WHEREAS, in the first special session of Washington’s sixty-eighth legislature, the Second
Engrossed Second Substitute Senate Bill 5536 was enacted into law, modifying the criminal
penalty for knowing possession of controlled substances and creating a new crime of knowing
use of controlled substances in a public place; and
WHEREAS, following the enactment of the Second Engrossed Second Substitute Senate
Bill 5536, it is unnecessary for the City to adopt its own law prohibiting knowing possession of
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
2
controlled substances, because it already adopts and enforces state laws pursuant to Title VI,
Chapter 10 of the Renton Muncipal Code; and
WHEREAS, it remains punishable as a felony to manufacture, deliver, or possess with
intent to manufacture or deliver a controlled substance under existing Washington law; and
WHEREAS, the City of Renton as a non-charter code city is empowered by the Washington
constitution to enact local police, sanitary and other regulations that are not in conflict with
general laws; and
WHEREAS, Washington’s Supreme Court, in its decision in City of Tacoma v. Luvene, 118
Wn.2d 826 (1992), has upheld the authority of cities to criminalize certain drug-related activity
where those laws do not conflict with the state’s Uniform Controlled Substances Act; and
WHEREAS, the Second Engrossed Second Substitute Senate Bill 5536 more explicitly
restricts local governments from separately regulating drug paraphernalia but leaves in place
local government’s authority to regulate impacts of drugs and drug related activity consistent
with the decision in Luvene; and
WHEREAS, improper disposal of drugs and drug waste poses significant risks to the health
and safety of the public, such as first responders, public employees, volunteers, children, and
other members of the public coming into contact with or accidentally consuming, inhaling, or
being injected with Dangerous Drugs; and
WHEREAS, as a result of these risks, it is necessary to take steps to deter those who use
or otherwise handle dangerous drugs and drug waste from improperly disposing or leaving
unattended such dangerous drugs or drug waste so as to not create risks of unsafe exposures
and increased costs to maintain public places;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance that are not
shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect
and unchanged.
SECTION II. Title VI, Chapter 12 of the Renton Municipal Code is repealed in its entirety
and replaced to read as follows:
CHAPTER 12
REGULATION OF DANGEROUS DRUGS AND DRUG WASTE
6-12-1: Definitions
6-12-2: Unlawful Public Dangerous Drug Activities
6-12-3: Negligent Handling of Dangerous Drugs or Drug Waste
6-12-4: Diversion Programs
6-12-5: Severability Clause
6-12-1 DEFINITIONS:
For purposes of this Chapter, the following terms shall be defined as follows:
DANGEROUS DRUGS: include any of the following:
A. Any controlled substance, excluding cannabis, or controlled substance
analog as those terms are defined in RCW 69.50.101, as those terms now exist or
shall hereafter be amended or recodified.
B. Any controlled substance or legend drug that is falsely labeled so as to
appear to have been legitimately manufactured or distributed, or to mislead as to
the actual contents or nature of the substance contained therein.
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C. Any legend drug. As used herein, “legend drug” means any drug which is
required by state law or regulation of the pharmacy quality assurance commission
to be dispensed on prescription only or is restricted to use by practitioners only.
DRUG WASTE: shall mean any object that is: (a) not safely controlled or stored so
as to avoid the risk of potentially harmful contact or consumption by others; and
(b) either (i) contains any Dangerous Drug (including traces or residue thereof) or
(ii) which a person observing the object reasonably concludes that the object is
likely to contain Dangerous Drugs (including traces or residue thereof).
PUBLIC PLACE: means an area that is generally open to public access according to
law, invitation, custom, or license. This definition is intended to include without
limitation: sidewalks, parking lots and parking garages, streets, alleys, highways,
or roads; public buildings and grounds, including schools, parks, playgrounds, and
meeting halls; establishments to which the public is invited including restaurants,
theaters, stores, gas stations, meeting halls, government offices, lobbies, halls and
dining rooms of hotels, bars, taverns, pubs, or establishments where alcohol or
soft drinks may be sold, and their associated parking lots, parking structures,
walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and
other public conveyances of all kinds and character, and their associated stations
and platforms used in conjunction therewith which are open to use and access by
the public; and all other places of like or similar nature.
6-12-2 UNLAWFUL PUBLIC DANGEROUS DRUG ACTIVITIES:
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A. It is unlawful for any person to knowingly commit an act that is viewable
from a public place if such act is a substantial step toward manufacturing,
handling, holding, transferring, buying, selling, exchanging, displaying, concealing,
or storing, or preparing for consumption, injecting, ingesting, inhaling, or
introducing into the human body any dangerous drugs, except as provided below:
1. It is not a violation of this section to commit an act that is expressly
authorized by local, state or federal laws, codes, or regulations, including but
not limited to the laws found in Chapter 69.41 RCW, Chapter 69.43 RCW,
Chapter 69.50 RCW, Chapter 69.51A RCW, Chapter 69.52 RCW, and Chapter
13 of Title 21 U.S.C. Ch. 13, as such laws exist or are hereafter amended or
recodified.
2. It is not a violation of this section if the person’s act is in furtherance
of a lawful written or oral prescription issued by a medical professional who is
legally licensed and authorized to prescribe the use for authorized medical
purposes.
a. This exception includes, but is not limited to, a person picking up a
lawfully prescribed medication from a licensed pharmacy and
delivering it to the patient who was prescribed the medication for
their authorized medical use.
b. This exception shall not apply to any act that is in furtherance of
consumption, injection by, inhalation by, or introduction into a
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person other than whom the medication was prescribed for use nor
for any act that is inconsistent with the prescribed medical use.
B. A violation of this section is a gross misdemeanor, punishable as follows:
1. By imprisonment of up to 180 days in jail, or by a fine of not more
than $1,000, or by both such imprisonment and fine; or
2. If the defendant has two or more prior convictions under this
section or other state or local law regulating dangerous drugs, a third or
subsequent violation of this section is punishable by imprisonment for up to
364 days, or by a fine of not more than $1,000, or by both such imprisonment
and fine.
6-12-3 NEGLIGENT HANDLING OF DANGEROUS DRUGS OR DRUG WASTE:
A. Dangerous Drugs shall be safely stored and disposed of in accordance
with all applicable local, state, or federal laws, codes, rules, or regulations so as
to avoid risk of accidental exposure or contact by any person.
B. It is unlawful for any person to negligently dump, discard, deposit, throw,
discharge, or leave unattended any dangerous drug or any drug waste in any
public place or solid waste collection container where another person could
accidently come into contact with the dangerous drug or drug waste.
C. A violation of this section is a gross misdemeanor, punishable by up to
364 days in jail and a $5000 fine.
6-12-4 DIVERSION PROGRAMS:
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To the extent sufficient resources are available, those responsible for enforcing
this chapter may use community court or create diversion or therapeutic
programs designed to provide those accused of violating this chapter an
opportunity to seek needed addiction treatment. Such diversion programs may be
formally structured or allow for informal exercises of discretion. Regardless of the
availability of formal diversion programs, police officers, prosecutors, and judges
are encouraged to exercise discretion to offer leniency in sentencing and/or
diversion from conviction of charges under this Chapter for those who successfully
complete available addiction treatment or other services that are deemed helpful
to avoiding continued violations of this chapter.
6-12-5 SEVERABILITY CLAUSE:
This Chapter is specifically intended to be consistent with and not conflict with
applicable state or federal laws. If any provision of this Chapter or its application
to any person or circumstance is held invalid, the remainder of the Chapter, or the
application of the provision to other persons or circumstances, shall not be
affected. To the extent a court finds that state law preempts any penalty
established in this Chapter and requires an act made unlawful by this Chapter be
punished differently than provided herein, the Renton Municipal Court shall retain
jurisdiction over the violation of this Chapter and impose the punishment required
by state law in lieu of the penalties prescribed herein.
SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
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scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter, section, or subsection
titles in the Renton Municipal Code affected by this ordinance.
SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary consisting of this
ordinance's title shall be published in the City's official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2023.
__________________________
Armondo Pavone, Mayor
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Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD-ES: 2265: 5.18.23
AGENDA ITEM # 9. a)