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HomeMy WebLinkAboutORD 5457CITY OF RENTON,WASHINGTON ORDINANCE NO.5457 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 6,STREET UTILITY STANDARDS,OF TITLE IV (DEVELOPMENT REGULATIONS)AND CHAPTER 10,STREET EXCAVATIONS,OF TITLE IX (PUBLIC WAYS AND PROPERTy)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON," CHANGING REFERENCES REGARDING PERMITS FROM THE PUBLIC WORKS DEPARTMENT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT;TO SPECIFY THE REQUIREMENT FOR LIABILITY INSURANCE AS A PERMIT CONDITION;AND TO EXTEND THE DURATION OF MAINTENANCE BONDS FROM ONE YEAR TO TWO YEARS. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.Subsection 4-6-060P,Construction Bond Required,of Chapter 6, Street and Utility Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby deleted and the remaining subsections are renumbered accordingly. SECTION II.Section 9-10-2,Condition of Permit,of Chapter 10,Street Excavations,of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows: 9-10-2 CONDITION OF PERMIT: The Department of Community and Economic Development shall grant such permit only upon compliance with the following terms and conditions: A.The party requesting such permit shall make application in writing and simultaneously therewith file with the City's Department of Community and 1 ORDINANCE NO.5457 .Economic Development a plat or sketch drawn to scale showing the location and plan of the construction,excavation,cutting or other work desired to be done,and the street,alley or place to be so used,together with a full description of the nature of the work.The City's Department of Community and Economic Development shall thereupon examine such application and upon approval thereof and the filing of a proper performance bond,as hereinbelow set forth,the Department of Community and Economic Development shall thereupon issue a permit. B.Such permit shall specify the place where such acts are to be performed and done together with a description of the proposed work to be done under such permit;the length of time allowed for the completion thereof;the permittee shall further be required to replace,to its former condition,whatever portion of the street,sidewalk,driveway,alley,pavement,curb or improvement that may have been disturbed or affected in any way during such work,and such permit may further specify whether the City elects to do the work of restoring the surface as hereinafter provided. C.The acts and work permitted under such permit,and the restoration to its former condition of such street,alley,pavement,curb or improvement,shall at all times be performed under the supervision and control of the Department of Community and Economic Development Street Superintendent or authorized representative,but at the sole cost and expense of the permittee. D.In making any excavation,cut or break in any public street,sidewalk,alley or like improvement,the materials thus excavated from the trenches thereof not 2 ORDINANCE NO.5457 otherwise suitable for backfilling shall be disposed of as directed by the Administrator of the Department of Community and Economic Development or authorized representative.All such excavations shall be backfilled with approved materials and shall be compacted by water or mechanical tamping. E.The maximum length of any open trench during such work shall at no time exceed two hundred (200)lineal feet,except when otherwise granted by special written permission from the Department of Community and Economic Development. F.All existing storm sewer facilities and outer utilities that are moved or disconnected during such work shall be replaced immediately as directed.A concrete saw shall be used to cut all pavement so as to produce a reasonable square and true edge without spalling or cracking into adjacent pavement. G.If the Department of Community and Economic Development so elects,all excavated materials within the street right-of-way shall be removed and disposed of and planks and saddles placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times. H.In excavating any such public street,avenue,curb,alley,sidewalk or like improvement,the surface material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to or interference with the public,with adequate provision for proper surface drainage and safe passage for the traveling public.Such surface or pavement,after refilling,shall be placed in as good condition and wear as it existed immediately prior to the excavations.If the permittee shall fail to complete such work and restore such 3 ORDINANCE NO.5457 street,sidewalk,driveway,alley,pavement,curb or like improvement before the expiration of the time fixed by such permit,the Department of Community and Economic Development shall,if it deems it advisable,cause such work to be done by the City or any other party in order to return such street,sidewalk,driveway, alley,pavement,curb,improvement or place to its original and proper condition as it existed immediately prior to such excavation;in such case the permittee shall be liable unto the City for any and all work performed and the City shall have the right to proceed against the performance bond filed by said permittee as herein provided.In addition,the City shall have a right of action against such permittee for all fees,expenses and costs paid out and incurred in connection with such work,not otherwise covered by said bond,or the City may elect to proceed against such permittee directly for all of said work as the City may elect. 1.The permittee as a further condition to the issuance of such permit shall warrant and guarantee unto the City the work performed and the restoration of the premises for a period of two years from the date of completion of such work. When a permit is issued for the excavation for the purpose of installing, maintaining,repairing,or replacing any underground utility within a street,alley or public place,to private property for use of such utility thereon,the permittee or the owner of the premises if the permittee is a person other than the owner,shall further agree,in the application for any such permit,that if the structure or facility on any private property to which the utility is introduced or furnished by the service line shall thereafter cease to be occupied or shall no longer be used or useful,the permittee and each of its successors and assigns will,upon any such 4 ORDINANCE NO.5457 occurrence,cut and cap the service line to prevent further service of utility to the structure or facilities,or,upon written demand of the Department of Community and Economic Development,take such similar action.Upon completion of such work,including the capping of utility,the same shall be reported to the Department of Community and Economic Development in writing.Permittee agrees,whenever possible,to notify the City in writing whenever any such structure or facility has ceased to be serviced by the utility or has otherwise discontinued or abandoned the use thereof. J.The Department of Community and Economic Development shall have the right to elect,and to specify such election on the permit to be issued,that the refilling of all trenches made in a public street,alley or highway,and the repaving or resurfacing thereof,may be done by the City and any and all cost and expenses in connection therewith to be charged to and paid by the permittee and/or the sureties of his performance bond.Such bond shall be in an amount not less than the anticipated cost of the work to be done or minimum of one thousand dollars ($1,000.00).The City may also demand an adequate cash sum as security to cover such estimated cost at the time of issuing such permit. SECTION III.Section 9-10-5,Bond Required,of Chapter 10,Street Excavations, of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby amended to change the title to "Guarantees and Bonds,"and to read as follows: 5 ORDINANCE NO.5457 9-10-5 GUARANTEES AND BONDS: A.Street Excavation Performance Guarantee Amount:The developer shall deposit the following amount for excavation work within the improved public street,with a maximum of two thousand dollars ($2,000).The cash deposit shall be made prior to issuance of any associated utility construction permit. 1.If the work within the existing pavement area is less than 35 feet in length, and the permit is issued to the owner of a single family house,then the cash deposit shall be for five hundred dollars ($500.00). 2.If the work within the existing pavement area is less than 35 feet in length, and the permit is issued to someone other than the owner of the adjacent single family house,then the cash deposit shall be for one thousand dollars ($1,000.00). 3.If the work within the existing pavement area is 35 feet or greater,then the cash deposit shall be for two thousand dollars ($2,000). 4.Cash Bond Returned:The cash bond will be returned to permittee when work is accepted by the City,less any sums due to the City under the terms of this Section. B.Hold Harmless: The permittee shall protect,defend,indemnify and save harmless the City,its officers,employees and agents from any and all costs, claims,judgments or awards of damages,arising out of or in any way resulting from the negligent acts or omissions of the permittee.The permittee agrees that its obligations under this Section extend to any claim,demand,and/or cause of action brought by,or on behalf of,any of its employees or agents. 6 ORDINANCE NO.5457 C.Insurance Required:Before a pennit shall be issued for any construction within the public right-of-way for work over 35 feet in length,both the bond,as described in Subsection 9-1 0-5A.3,and insurance will be required as follows: 1.The pennittee shall secure and maintain in force throughout the duration of this pennit:Commercial General Liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000)per occurrence,two million dollars ($2,000,000)/aggregate. 2.Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City with the City named as a primary and noncontributory additional insured on the insurance policy and an endorsement stating such shall be provided to the City. 3.The policy shall provide that it will not be canceled or reduced without 45 days advanced written notice to the City. 4.Upon showing of a hardship and at the discretion of the Administrator or his/her designee,the insurance requirements may be reduced or waived for single-family or two-family residential applications. 5.For municipalities or utilities that are self insured,there may be substituted a statement of self insurance showing the ability to answer for damages in the amounts stated in this paragraph. C.City Use ofthe Street Excavation Performance Guarantee:The City shall give the developer 24 hours notice of any required correction or clean up work related to street excavation work,except that this shall be reduced to a four-hour notice if there is obvious hazard to health or safety.If the developer fails to adequately 7 ORDINANCE NO.5457 respond within the given time frame,the City will perform the work,and any costs incurred will be charged against the cash deposit.City reserves right to perform any work required to protect health and safety of public without prior notification to the developer.All cost associated with such work shall be at the sole expense of the developer and billed against the cash deposit.If there is any possibility of reoccurrence of problems associated with the street excavation work,the City shall then give the developer written notice to replenish the cash deposit to its original level within five calendar days.If the developer fails to replenish the cash deposit as required,the City reserves the right to stop any work on the project which is associated with the street work. D.Performance Bond for Required Improvements:Before a permit,pursuant to the provisions of this chapter may be issued,the permittee may be required to execute to the City a performance bond.In some instances,and at the sole option of the City,a certificate of occupancy,final inspection,or final approval may be issued prior to completion of required public or site improvements if an acceptable form of guarantee is provided by the permittee. E.Amount of Required Performance Bond:All performance bonds shall be for not less than 150 percent of the written estimate of the cost of construction of the required improvements associated with any development project.The written cost estimate shall be provided by the developer and is subject to review and acceptance by the City. F.Utilization of Funds Provided by Performance Bond.If the required improvements associated with a development project are not completed by the 8 ORDINANCE NO.5457 termination date of the performance bond,the City shall use the bond to construct the improvements in accordance with the City's standards. G.Maintenance and Warranty Bond:Prior to acceptance by the City of any newly constructed public improvements to be deeded to the City,repair of any City street associated with a street excavation,or on-or off-site storm drainage improvements,the developer shall file with the City a construction maintenance and warranty bond.The maintenance and warranty bond is to be held by the City for a period of two years.The City shall require the permittee,at his cost,to correct all failures.Should the permittee fail to perform within a period of 15 days,the City may use the maintenance and warranty bond to correct any failures H.Amount of Maintenance and Warranty Bond:All maintenance and warranty bonds shall be for 20 percent of the estimated cost of construction of the required improvements associated with any development project. I.Utilization of Funds Provided by Maintenance and Warranty Bonds:In the event that required improvements are not properly maintained during the required maintenance guarantee period,the City shall notify the developer/owner.If the developer/owner fails to correct the problem within a period of 15 days,the City shall use the maintenance guarantee to perform the maintenance work.Should any failures occur in regard to required improvements associated with a development project within the warranty period,the City shall require the developer/owner to correct all failures.Should the developer/owner fail to perform within a period of 15 days,the City shall use the maintenance and warranty bond to correct any failures. 9 ORDINANCE NO.5457 J.Reimbursement of City's Costs Incurred to Obtain Funds Provided by Guarantees:If the City finds it necessary to utilize funds provided for any guarantee,and incurs expenses in obtaining and administering such funds,a portion of these monies shall also be used to reimburse the City for such recovery costs.If the guarantee is not adequate to cover all necessary costs,the developer/owner is required to make up the deficit in cash within 30 days of receipt of written notice from the City. SECTION IV.This ordinance shall be effective upon its passage,approval,and thirty (30)days after publication. PASSED BY THE CITY COUNCIL this 18th day of_----=M..:..:a=....y'---,2009. Bonnie 1.Walton,City Clerk APPROVED BY THE MAYOR this 18th day of __M_a-=.y ,2009. Denis Law,Mayor Approved as to form: e:t:........r~•...,J JL .......... Lawrence J.Warren,City Attorney Date of Publication:5/22/2009 ORD.1546:4/17/09:scr 10