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Home My WebLink AboutCity Council Meeting - Council - Regular Agenda - 07/20/2021 KENT CITY COUNCIL AGENDA Tuesday, July 20, 2021 7:00 PM Chambers Unvaccinated individuals must wear face coverings and practice physical social distancing from non-household members. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 815 1195 2742 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Proclamation for National Night Out B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports City Council Meeting City Council Regular Meeting July 20, 2021 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jul 6, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jul 6, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jul 13, 2021 4:00 PM B. Payment of Bills - Authorize C. Franchise Ordinance with Olympic Pipeline Company - Adopt D. Ordinance Repealing Chapter 8.02 KCC - "Single-Use Plastic and Carryout Bags" - Adopt E. Resolution Ratifying Council Action Taken During COVID-19-Related Suspension of Portions of OPMA - Adopt 9. OTHER BUSINESS 10. BIDS A. Fourth Avenue and Willis Street Landscape Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. City Council Meeting City Council Regular Meeting July 20, 2021 Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. PROCLAMATION WHEREAS, the National Association of Town Watch is sponsoring a unique nationwide crime and drug prevention program on August 3,2O2t called "National Night Out"; and WHEREAS, the city of Kent plays a vital role in assisting our Police Depaftment through joint crime and drug prevention efforts across the City and is supporting "National Night Out" locally; and WHEREAS, it is important that all residents of the city of Kent know the value of crime prevention programs and the impact that citizen participation can have on reducing crime and creating a safe and vibrant community; WHEREAS, National Night Out provides an opportunity for the community to come together as neighbors for an evening of celebration and fun that will strengthen our bonds and unify us in our goal of creating a strong community; NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim August 3,202L as National Night Out In Kent Washington and encourage all citizens, neighborhoods and communities to pafticipate in the city's crime prevention effofts to more tightly weave the fabric of the community and strengthen community spirit. In witness whereof, I have hereunto set my hand this 20th day of July, 202I. Mayor Dana lph KENT WAsHrNcroN 4.A.1 Packet Pg. 4 Communication: Proclamation for National Night Out (Public Recognition) Page 1 of 8 Administration • A big thank you to everyone for “return to the office” and “return to Council Chambers” on Tuesday, July 6. We’re pleased the process went smoothly. • The Kent Commons, Kent Senior Activity Center, and ground floors of city buildings reopen Monday, July 19. • The accesso ShoWare Center mass vaccination site administered its last vaccine on Saturday, July 17. Federal Way Link Extension • Final permits for Star Lake garage and Kent Des Moines station have been issued. • Kent Des Moines garage slab on grade pours have been completed. • The ramp from level 1 to level 2 has been completed and forming for level 2 has begun. • Additional girders have been set on Structure B. Girders installation has extended south of S. 240th Street to the area behind Lowe’s. • Clearing and grading between the Midway Landfill and the S. 259th Place is complete and mass excavation has begun where the guideway will be at grade. • Utility work in the Star Lake Station area is ongoing; traffic impacts will occur. • Columns for structure Z (guideway over S. 272nd St.) are complete and capitals are currently under construction. • Excavation of approximately 35,000 yards of material for the Star Lake garage has commenced. Material is being used for the guideway embankment near the Star Lake station. • Staff continues to review several permit revisions for the project which was expected as a part of the design build process. Race and Equity • The South King County DEI network held its second meeting of the year. The goal of this group is to partner as S King County Cities to share best practices and resources to help move racial equity forward. • I am currently helping the City of Auburn select their consulting group that will create their DEI Strategic Plan. • The Race & Equity Core Team will be analyzing community listening sessions during our August and September meetings. The listening session analysis will be used to create Racial Equity Toolkits and will help inform the overall Strategic Plan. • The Cultural Awareness and Racial Equity (CARE) employee resource team continues to meet monthly. July’s meeting will focus on bystander training. August’s meeting will focus on gender equity. We will be discussing voting rights for the month of September. Economic Development • City of Kent staff reviewed initial public survey results with Sound Transit and are awaiting the full report on Kent Des Moines TOD first round of engagement and public outreach. Economic development staff ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT July 20, 2021 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 8 hope to schedule the Sound Transit team to update Council in either September or October. • Economic development staff, along with colleagues from other south sound cities and the staff of OneRedmond, continue to polish the Small Business Administration Community Navigators grant application which is due July 23. With Seattle Chamber of Commerce emerging as the region’s official ADO, we are also engaging with them and the Port of Seattle about restructuring business development /business retention services long-term in light of Covid-19’s impacts. Framework and design concepts emerging from the SBA grant application process is informing these discussions. • In the coming weeks, economic development will be meeting with the newest City of Auburn economic developer, Jenn Francis, to welcome her and talk about the Kent Valley marketing efforts. Long Range Planning • Long-range Planning, GIS, and Public Works Engineering are collaborating to identify areas within the City as candidates for Countywide Growth Center designation; after analyzing, Midway, West Meeker, and East Hill, it is possible that West Meeker and East Hill will meet the thresholds. Growth center designation would make transportation projects within those areas more competitive for grants; however, signaling candidacy now for grants implies a future commitment to city-funded planning efforts in advance of official designation in 2024. Kent’s Downtown is already a Regional Growth Center; this new type of center is an opportunity to designate areas of growth that are significant to the communities they serve, and will attract both public transportation investment, and encourage private investment to the surrounding areas, to achieve sustainable growth and meaningful improvements in housing, job distribution and recreational opportunities. Development Engineering • DE is working on 50+ small cell applications from two separate communications companies that have been submitted to locate 5G small cell technology in the City. • DE is collaborating with PSE, Lumen and Comcast to implement a blanket/annual utility permit for maintenance work in City of Kent right-of-way that does not involve pavement disturbance. When fully implemented, permit processing and review time for what had been individual applications, can be devoted instead to complex projects, shortening the timelines for higher impact development moving through permitting. • Staff attended the pre-application with Avenue 55 for proposed development of the City owned Naden property. • In addition to permit review fees, through June of 2021 Development Engineering reviewed permits that generated the following impact fees and system development charges: - Transportation Impact Fees: $878,895 - Water System Development Charges: $1,608,018 - Drainage System Development Charges: $632,012 • In November 2020, the City executed an Emergency Management Grant (EMPG) Agreement (E21-125) with the WA Military Department to provide pass-through funding in the amount of $71,193 to the Puget Sound Regional Fire Authority (RFA). Pursuant to federal grant requirements, and consistent with previous annual awards, in April 2021 the City and RFA executed an MOU that establishes the requirement governing the RFA’s administration of this award, including adherence to the terms and conditions of the Grant Agreement and other federal requirements. On July 12, 2021, in accordance with federal grant requirements and this MOU, the City executed a consultant services agreement with S.K. Consulting in the amount of $1,500 to perform grant monitoring activities, including site visits at the RFA, designed to ensure that EMPG grant requirements are met. FINANCE 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 8 • The Financial Planning Division continues to work on the 2022 mid-biennium budget adjustment. Currently, Finance is meeting with departments to go over their proposed requests. Department requests are due on July 28th. The ELT Budget Retreat has been rescheduled for August 18th & 19th. Meeting requests will be sent out soon. • On June 29, the City of Kent was officially added to the FileLocal website allowing businesses to apply and pay for new Kent business licenses online. Between June 29 and July 13, Kent has received 30 new online business license applications through FileLocal. The implementation project included the collaboration of multiple departments and a heavy lift from the IT Department including the build of a new backend business license system to replace the City’s business license tracking system maintained in KIVA. Currently, we are working through stabilization as we streamline processes and work out issues as they arise to ensure that 2022 business license renewals are a success. Outreach and messaging to the public about FileLocal will be coordinated with the 2022 business license renewal process. Workday • Started design and configuration to streamline processes and procedures for the temporary hiring project. • We’ve had 170 items logged on the issue tracker: 97 closed, 21 in progress and 52 are open • June statistics: o 7790 - total number of business process events initiated during the month. o 71 - new hires, terminations and job changes. o 59 - employee benefits business processes completed (retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility) o 317 - business process events that were initiated by a manager Benefits • Wellness Step Challenge is open for registration! Lean/Government Performance Innovate Academy invites City staff to attend in-person training: • Lean Yellow Belt Certification (Aug 3–5) 4-hr sessions on Tues, Wed, Thurs (12-hrs total). No prerequisites, in-person class, Location TBD. • Lean Green Belt Certification (Oct 25– 29) 4-hr sessions on Mon through Fri (20-hrs total). Prerequisite: Yellow Belt, in-person class, Location TBD. Information Technology Projects • Telestaff stabilization – to document known and newly discovered system issues identified in the production environment and resolve through standard project rigor, including but not limited to; requirements gathering, configuration, architecture, testing in a development environment, process documentation, training and deployment in production. • Kiva replacement (Amanda) - to replace the City of Kent’s outdated Kiva software with a new and enhanced software system (Amanda), intended to provide a stabilized permit tracking application process and build upon associated hardware platforms supporting ECD’s operations. Platforms such as, GIS integration, mobile solutions for inspectors, inspection scheduling, web access for citizens, service requests, code enforcement, ad hoc query and reporting. Information Technology operational support for July 4, 2021 to July 13, 2021 • Number of tickets opened – 170 • Number of tickets closed – 243 Enterprise GIS General: • Normalizing address database for Amanda and business license application implementations • New intern, Alan Foote, started and will be working with EGIS HR IT 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 8 • Helping ECD with GIS analysis of locating County Growth Centers • Continued support for Parks Survey 123 to help manage asset maintenance • Working on rearchitected plan for GIS system citywide • Finalizing contract for impervious surface data for parcel audit citywide • Providing support for Sound to Summit Regional GIS collaboration with other cities Weekly Customer Service requests: • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Map request for See Click Fix layer boundaries for Public Works Operations • Both civil attorneys and prosecutors attended a regional meeting to address police and prosecution issues related to new police reform legislation, and have been working with the Police Department on ensuring policies and procedures conform with new legislation. • Attorneys assisted the Police and Parks Departments in addressing a matter involving an individual starting fires in Mill Creek Canyon park • Drafted an ordinance eliminating the City’s bag ban ordinance in light of comparable state legislation that preempts the City’s ordinance. • Drafted a resolution for Council consideration that ratifies all actions taken by council during the COVID-19 crisis when in person meetings were prohibited. • Drafted an ordinance adopted by Council that amends the Kent City Code related to appointive boards and commissions, and conducted an in-depth analysis of impacts retroactive term limits will have to appointments. • Assisted in drafting an ordinance amending code provisions related to wireless facilities and small wireless facilities. Prepared presentation for a public hearing held on July 12, 2021 before the LUPB. • Prosecutors filed 67 in-custody cases and 167 out-of-custody cases during the month of June. They also appeared at 68 court calendars with a 20% failure to appear rate for defendants. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. • The first week of the 2021 Summer Concert Series was a huge success. Approximately 300 people came out to Morrill Meadows Park for a concert for kids by The Not-It’s! on Wednesday, July 7. Staff received positive feedback from audience members, performers, and technical personnel about the location for Wednesday concerts. Approximately 400 people enjoyed a soul/R&B concert by Seattle-based Darrius Willrich at Lake Meridian Park on Thursday, July 8. Overall, audience members are thrilled to be back in the parks, listening to live music again! • Two new murals have been installed as part of the Arts Commission’s new temporary, rotating mural program. Look for these vibrant new artworks on Meeker and Harrison Streets! • Artworks by Stephanie Johnson and Sara Brogdon are on display in the Centennial Center Gallery through August. • The Kent Creates “Hope Blooms” exhibit closed on June 30 with 37 submissions. Arts Commissioners are currently voting to choose the top five artworks. A new online exhibit, “Free to Roam” is open and accepting creative content in all mediums through September 30. For this Kent Creates exhibit, the Kent Arts Commission encourages artists and creative minds to be inspired by the possibilities to roam. LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 8 • The popular Cornucopia Days 5K run/walk had a triumphant return as an in-person event on Saturday, July 10! The event drew 269 runners to Three Friends Fishing Hole and staff heard many comments from our loyal running community about how happy they were to be back. • Youth and Teen staff, with the support of Kent School District grant funding, have been busy providing a summer enrichment program at East Hill Elementary. The program serves children in grades K-6 with a focus on SEL (social, emotional learning), STEAM (science, technology, engineering, arts and math), physical fitness and nutrition. This unique grant opportunity also provides transportation for students, a much needed, but often missing component in many youth programs. • Adaptive recreation softball returned with 20 athletes. Due to Covid-19, athletes have missed two seasons of softball skill development, teamwork, social interaction, and competition. Everyone was grateful to be back at Service Club ballfields and a couple athletes and parents shed happy tears about returning to some normalcy. • The Senior Center continues to offer both virtual and in-person programming with growing attendance. The Fitness Center is now open five days a week hosting many fitness enthusiasts. Meet up trips have also been very successful; participants provide their own transportation to a destination, meeting the trip guide or host on location. • Recreation facilities (Kent Commons and Senior Center) are preparing to fully open to the public on July 19. Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions • Officer’s Kiril Van Orman, Isaac Hegamin, Dzung Lam were sworn in June 11. • Entry Level Police Officers Alexandra DeMarinis and Krishan Kumar started 7/1. Significant crime activities/arrests /investigations • On July 2, at 9:07 pm, officers responded to the YMCA for a report of shots fired behind the building at the basketball courts. Four bullet casings were recovered. Witnesses saw two males carrying guns and fleeing. No reported injuries at this time. Detectives are investigating. • On July 2, at 2:48 pm, officers were called to a brawl between two families, threats with a firearm and one shot was fired (no one hit) prior to police arrival. It was a chaotic scene. Once parties were separated, the shooter identified herself and said she feared for her family’s life, however the victims reported she threatened to shoot them all dead and then fired off a round in the air. The female was taken into custody without incident. • On July 3, at 9:53 am, patrol responded to a malicious mischief call in the area of 4th Ave. N/W Harrison St. The subject involved is well known to patrol due to his mental instability and aggressiveness toward officers and people in the community. The subject was punching the windows of passing vehicles and broke the reporting parties side mirror off. When the first officers arrived, the subject was confrontational and removed his shirt, and then proceeded to pull out a pocketknife with a 3-inch blade, putting it to his neck. 4th Ave. N was completely shut down and from that point on, officers made every attempt to de-escalate the subject from a distance. He remained aggressive and did not follow any commands that were given to him, as he continually held the knife to his neck. After one hour of attempts to de- escalate and negotiate, the subject made it clear he was not going to cooperate and wanted to end this situation by suicide by cop. Ultimately, a noise flash distraction device was let off behind him as a distraction, at which point officers converged with the shield and arrest team. During that short period, the subject was able to slice his neck with the knife. He was quickly restrained, and immediate care was given to him until Puget Sound Regional Fire Authority took over. He was transported to Harborview, where it was later determined his injuries were not life threatening. • On July 5, at 12:43 pm, patrol responded to the Park Place apartments, for a 10- POLICE 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 8 year-old male who was severely injured by a firework, additionally it was reported that the child’s parent fainted. Officers contacted the child and tended to the child until Puget Sound Regional Fire Authority arrived. The child suffered significant injuries to his right hand due to the firework explosion. The injured child was one of several children playing with fireworks in front of the Horseshoe Acres trailer park. The child was transported to Harborview by Medics. • On July 7, at 9:30 am officers were called to a multiple vehicle prowl at Modern Machinery. The same individuals are suspects of several more multiple vehicle prowls at other locations the same day. On more than one occasion, when approached, they pointed a gun at the reporting party. Detectives are investigating. • On July 8, at 1:21 am officers were called to a vehicle prowl of at least 45 cars at the Amazon Fulfillment Center located on 64th/212th. • On July 9, at 3:15 pm a KPD officer observed a car on fire at the Sweet Cheeks espresso stand just across the city line in Des Moines. The officer was able to get the unconscious driver out before the car became fully engulfed. The driver was not injured, and Puget Sound Fire and Des Moines PD responded. • On July 13, at 1:11 am officers were flagged down by a citizen at the 7-11 located at 10255 SE 240 St. The citizen notified the officer that he observed a couple verbally arguing. When he tried to help break-up the argument, the male pointed a gun at him followed by a threat. The couple fled the area on foot. Officers located the couple behind Planet Fitness and the male was arrested for felony harassment. Survey • Field staff provided construction support and staking on active capital improvement projects, including the West Hill Reservoir. Topographic design surveys performed 76th Ave Road raising project. • Professional staff reviewed CIP project plans, calculated various portions of City right of way, and drafted a record of survey for the recently overlayed 212th Street project. • PW GIS staff is following up with Cityworks tasks. Fulfilled public records requests, entered infrastructure utility project as- builts and performed regular data base maintenance tasks. Construction • Willis Street and 4th Ave S Roundabout: final LED message board installation began Thursday, July 15 and should be complete by July 20. • James Street and 2nd Avenue Pedestrian Crossing: Construction of the traffic island began on July 13. Electrical installation will follow. Impacts to traffic between the hours of 9:00 AM and 3:00 PM can be expected for the following few weeks. • West Hill Reservoir: Crews continue backfill around foundation stem walls. Storm sewer work continues. Rolling sheet steel wall underway. 38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. PUBLIC WORKS 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 8 • S. 212th Street preservation – 72nd Ave S to 84th Ave S: HMA overlay paving (except at the RR crossings) was completed last week. Vehicle detection loop installation began the week of July 12. Work within the BNSF and UPRR Right of Way is scheduled to begin July 19, for a projected 2-week duration. Remaining activities will be at night, 8 pm to 6 am. Road will be open to one direction of travel only, traffic in opposite direction will be detoured to 228th and 196th. • 2021 watermain replacement: contract is proceeding at Veterans Drive. Titus will be the next location beginning in early August. • 2021 asphalt overlays: contract work began July 6, with demolition and replacement of curb ramps on Lake Fenwick Rd. Work begins on Hazel Ave this week. The contractor’s schedule shows work progressing to SE 248th St on the 21st, and Seven Oaks on the 26th. Environmental • Landsburg Mine: ecology has released the proposed amendments to the Landsburg Mine Consent Decree & Cleanup Action Plan to address detections of 1,4-Dioxane at the northern portion of the site. Kent provided comments during the public comment period which ended July 8, 2021. • Stormwater Code - staff is working with Legal to finalize the amending ordinance for the update to Kent City Code 7.05 and 7.07, the stormwater utility code chapters. These updates are needed to support new NPDES permit requirements as well as a general refresh of the code to replace outdated information and references. The final draft will be routed for internal review by the end of July. Transportation • The Signals crew recently completed the installation of ADA-compliant accessible pedestrian pushbuttons at the intersection of Pacific Highway and S 240th St. Along with the pushbutton upgrade, a leading pedestrian interval, or LPI, was implemented. LPI is a relatively new signal operation that gives pedestrians between three and seven seconds to start crossing the street before the vehicle signal turns green. This helps pedestrian visibility by allowing them to start moving before vehicles. This is the fourth intersection we have upgraded on Pacific Highway this year. The others are at S 272nd St, S 260th St, and S 252nd St. These locations are part of our plan to upgrade pedestrian pushbuttons and implement LPI at 13 intersections this year. • The Signals crew also finished replacing the traffic signal controller cabinet at the intersection of West Valley Highway (68th Ave S or SR 181) and Todd Blvd. The signal cabinet was hit earlier this year by a semi truck and required a total replacement. Our crew contracted the concrete foundation replacement but did the rest of the work in-house. The traffic signal had been operating with a temporary skid-mounted cabinet the crew built for these situations. Streets • Street maintenance crews placed reader boards on 4th Ave S and S 228th for grind and inlay, ground and paved roadway on 4th Ave N, prep concrete panel for pour and pour new panel at 424 E Gowe St, hot patch repair at 11802 SE 248th Ct, and 108th Ave SE and clean traffic islands on E Smith St, Kent Kangley Rd, and SE 260th St. • Signs and Markings crew set bases and replaced signs on 93rd Ave S, S 212th St, W Meeker St, install public notice signs on E Tacoma St, set bases for Retro Reflectivity in the Downtown Core and sign maintenance on the East Hill, West Hill, Valley North and Valley South. Solid Waste crew removed debris on S 260th St, on and off ramps for S 277th St and 108th Ave. • Water Vegetation crew cleared debris at West Hill Sites and mowed, line trimmed and picked up litter at Scenic Hill sites, 640 zone tank, KEHOC, Clark Springs fence line, Clark Springs cell tower access road, 212th treatment site, 208th Well, O’Brien Well, Garrison Creek Well, Summit Reservoir and Guiberson Corrosion facility. Street Vegetation crews have mowed, line trimmed and picked up litter along East Hill people paths, 64th Ave S and S 208th St, watered street trees, irrigation repair and sprayed curb and crack Citywide. The 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 8 Sidearm crew mowed on the bypass loop, SE 248th St, 132nd Ave SE, Panther Lake area, Reith Rd, Military Rd, Clark Springs ditches, S 272nd St, 124th Ave SE and Lake Fenwick Rd. The Wetland Mitigation crew ran irrigation systems, Downey and KOA Vegetation monitoring, Spray weeds at mitigation sites, line trim and remove weeds from the Lake Meridian outlet Channel, Rock Creek site, 72nd Ave Site, Lever and Alvin’s pond, weed and fertilize at nursery and remove weeds from Lake Meridian outlet channel, Downey site and Johnson Creek. The Wetland Maintenance crew mowed and line trimmed at Redondo on 27th Ave S, Maplewood Grove on 108th Ave SE, Signal Electric on 3rd Ave S, 72nd Diversion Channel on 68th Ave S, Showare Center on 4th Ave N, Horseshoe Bent on 80th Ave S, Summer Glen Division 2 and 3 on 124th Ave SE, Kentview on Frager Rd, Frager Berm at Frager Rd, PNW Equipment on 77th Ave S, 196th Corridor Wetland on 72nd Ave S and Senior Center on E Titus St. The Holding Pond crew mowed and line trimmed at Locust Lane on SE Kent Kangley, Highland Park on 132nd Ave SE, Cottonwood on SE 270th St, Millbrook Heights on SE 270th St, Starwood East and West on 114th Ave SE, Oakhill Tract B on 114th Ave SE, Kangley Downs on 114th Ave SE, Lexington Square holding pond and bioswale on 114th Ave SE, Kingstone Tract C on 114th Ave SE, Beall Short Plat on S 234th Pl, Family Homes bioswale on SE 253rd Pl, Echo Glen Heights Tract C on SE 271st St, Willow Way on S 222nd St, Reith Hill on Reith Rd, The Vineyard Plat on S 260th Pl, Springbrook 2 on SE 193rd St, Star Meadows on 112th Ave SE and Woodridge Estates on Woodland Way Water • Water staff are continuing to work on a water main installation on the West Hill at 45th Ave S and replacing a large meter vault lid at the former Flow International facility on 64th Ave S. Water Quality staff are collecting source water samples for Gross Alpha, Radium and herbicide as part of our Department of Health monitoring schedule. Water Quality staff are also preparing for citywide lead and copper sampling in August. Lead and copper sampling occur at the customers tap, so staff coordinate with previous sample site customers to ensure they will be able to participate again. Storm/Sewer • Storm crews were performing ditch maintenance on 3rd Ave N, S 248th St, S 270th St and 118th Pl S, storm line cleaning on 84th Ave S and 112th Ave SE, manhole change out on SE 208th St and S 262nd St and replaced beehive debris rack on SE 264th St. The crew have performed National Pollutant Discharge Elimination System (NPDES) assessing on S 266th St and 83rd Ave S and pumping on Carnaby Way and 33rd Ave S. • Sewer crews TV’d for existing Sewer and Storm 2022 overlays, installed pump run light at GRNRA, hillside repair on Riverview Blvd and change outs in high traffic areas on 72nd Ave S. Fleet/Warehouse • The Warehouse crew continues to maintain the shops yard keeping it clean and picked up and maintaining the wash rack, assisting with CDL training, issuing personal protection equipment (PPE’s), issue hydrants and public notice boards to contractors, repairing small equipment as needed, receiving parts and inventory orders, manually open and close broken East Gate, completed physical inventory counts, ordered stock to balance inventory and prepped for a recycle event. • Fleet crews worked on scheduled and non- scheduled maintenance and City Space write ups. The Radio Shop was programing radios. ### 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes July 6, 2021 Date: July 6, 2021 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Environmental Water Quality Program Laura Haren Evan Swanson 30 MIN. Conservation Analyst, Laura Haren presented information on the Stormwater Management and the National Pollutant Discharge Elimination System Permit. Haren reviewed the Clean Water Act and the Phase II Municipal Stormwater Permit. The City is required to implement several stormwater pollution prevention programs as part of the NPDES. The NPDES Permit allows the City to discharge water into the State's system. Haren indicated the following programs have been added to the Municipal NPDES Permit Programs: MS4 Mapping and Documentation, Source Control Program for Existing Development and Comprehensive Stormwater Planning. Haren reviewed the City's public education and outreach programs, inspection and best management practices, monitoring and assessment. Program requirements have increased inspections by an additional 500 inspections per year. Haren went into the City's comprehensive stormwater planning and advised the department is working on updates to the Kent City Code and Surface Water Design Manual. Haren provided a brief update on the Puget SoundKeepers Alliance appeal of the permit stating that it is not protective enough. 8.A.1 Packet Pg. 13 Minutes Acceptance: Minutes of Jul 6, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes July 6, 2021 Kent, Washington Page 2 of 4 Haren indicated the new permit requirements are in place to not only improve water quality, but to improve the awareness of pollution prevention. The City's goals are to effect behavioral change within the Kent community to prevent pollution and implement strategic Kent specific and regional programs to protect and enhance water quality. Water Quality Coordinator, Evan Swanson presented information on the Cross Connection Control Program and wellhead projection program. The Cross Connection Program is in place to prevent contaminated water from back flowing and entering the public drinking water supply. Regulatory requirements were reviewed. Backflow is the undesirable reversal of flow of water from the consumer system into the public water supply. Swanson provided an overview of City's Wellhead Protection Program. The purpose of the program is to protect groundwater resources used for Kent's drinking water supply that is required by the Federal Safe Drinking Water Act and Washington's drinking water regulations. The program implements strategies to reduce the risk of contaminating drinking water supplies within the wellhead protection area. Swanson indicated the Clark Springs Habitat Conservation Plan provides 50 years of protection for Kent to utilize the Clark Springs water source. Habitat Conservation measures were reviewed. Swanson provided an update on the cleanup work at the Landsburg mine and continued monitoring. Swanson indicated the Public Works Department is working on updating the Wellhead Protection Plan to include a list of contaminate sources within the Wellhead Protection Area. 2 Mill Creek System Update Mike Mactutis Melissa Dahl 30 MIN. Environmental Engineering Manager, Mike Mactutis provided an update on the Mill Creek watershed. The Mill Creek Canyon provides for a good salmon habitat. The Kent Valley is very impervious - 60% covered by hard surfaces, making it challenging to move water out of the valley. Mactutis provided information on the Lower Mill Creek Watershed and detailed the challenges with the number of impervious surfaces throughout the watershed. This is a complex watershed. 8.A.1 Packet Pg. 14 Minutes Acceptance: Minutes of Jul 6, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes July 6, 2021 Kent, Washington Page 3 of 4 The Green River Natural Resource Area is a 300 acre natural wildlife refuge, water quality treatment facility as well as a flood protection area. Mactutis provided details on how water flows in and out of the area. Mactutis indicated the Green River watershed is part of the larger watershed that is dependent on the Black River pump station that pumps water into the Green River. The King County Flood District is in the process of updating the Black river pump station which will allow more fish coming up through the Green River into Kent. Mactutis reviewed the super fund cleanup process in the Duwamish river. Environmental Engineer, Melissa Dahl discussed the natural processes of Mill Creek that included organic and inorganic processes. The goal is to ensure Mill Creek provides flood protection and also ensures the food web and habitat thrive and function. Dahl explained the inorganic process of Mill Creek that includes the impact of sediment transfer from the top of the creek that accumulates at the bottom of the canyon. Sediment accumulation causes flooding. Mactutis provided an overview of the Mill Creek area, including the use of pump stations. The GRNRA South Stormwater Pump Station is now operational and the GRNRA North Stormwater Pump Station is yet to be constructed that will pull water from GRNRA providing an additional 25% water capacity in the GRNRA. Mactutis indicated the Upper Mill Creek Dam that includes a fish ladder is now complete. This project added 50% capacity to the dam. Dahl advised the 76th Avenue Road Raising and Culvert Replacement project is complete and will now reduce flooding on 76th . An additional road raising and removing/replacing culvert crossings project that will include three bridges is planned. Dahl reviewed the Earthworks Canyon Sediment Detention project and Mill Creek Canyon Culvert Cleaning projects. The Mill Creek Reestablishment Project is designed to reduce flooding along Mill Creek. It requires federal permitting and staff is deciding on the best path forward to address flooding in addition to ensuring the work will get permitted. 8.A.1 Packet Pg. 15 Minutes Acceptance: Minutes of Jul 6, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes July 6, 2021 Kent, Washington Page 4 of 4 Meeting ended at 6:05 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 16 Minutes Acceptance: Minutes of Jul 6, 2021 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes July 6, 2021 Date: July 6, 2021 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER|FLAG SALUTE Mayor Ralph called the meeting to order and welcomed everyone to the first in-person meeting in over 15 months due to the Governor's Emergency Proclamation. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL No changes. A. I move to approve the agenda as presented RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month Mayor Ralph recognized Eric Knight at the July employee of the month. 2. Proclamation for Parks and Recreation Month Mayor Ralph presented the Proclamation for Parks and Recreation Month to Parks Director, Julie Parascondola. Parascondola expressed appreciation for the proclamation and commented on the challenges the Parks Department faced over the past year. 8.A.2 Packet Pg. 17 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 2 of 9 Parascondola detailed what the Parks Department revised/implemented over the past 15 months. Summer programs have launched, work is being done to prepare the fall/winter guide and the Kent Senior Activity Center and Kent Commons Community Center will open on July 19th. Parascondola recommended the community get up, get out and enjoy the sunshine and parks. Parascondola thanked the entire Parks Department staff for all of their hard work and dedication. Mayor expressed her appreciation for the work the Parks Department did to keep residents connected over the past year. 3. Appointments to the Land Use and Planning Board Mayor Ralph recognized Sally McDonough and Michael Purewall as appointments to the Land Use and Planning Board and requested Council approve the appointments. B. Community Events Council President Troutner advised of upcoming concert series events at Morrill Meadows park and the summer concert series at Lake Meridian park. Troutner advised of the upcoming Kent Cornucopia Days 5K that takes place on July 10th from 9-12 a.m. at the Three Friends Fishing Hole. Troutner invited the public to attend the upcoming Kent Station market and the East Hill Farmer’s market. C. Economic and Community Development Report Chief Economic Development Officer, Bill Ellis presented the Economic Development update. Ellis reviewed and compared various data on employment. Employers are having a hard time finding people to hire. There is more work now, but the current openings tend to be in the lower wage range. The Community Development Financial Institution has been assisting businesses where traditional banking is unable to provide assistance. A regional economic development resiliency strategy to assist small businesses should be a part of the regional discussion on how to make capital available to small businesses and how to work with the CDFI. The National Development Council has done a lot of good work consolidating the CDFI’s Small Business Flex Fund and are working on a single portal for applications that will route people to appropriate CDFI funds. Ellis indicated community navigators and outreach will be critical to the success of this plan. 8.A.2 Packet Pg. 18 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 3 of 9 Ellis reviewed details of the Small Business Flex Fund. Ellis provided details on the work being done to partner with neighboring jurisdictions to coordinate applying for the federal application to the SBA for community navigators. Ellis provided information on the City of Eugene Community Broadband Strategic Plan and the importance of digital literacy. Over the past year, Ellis has been working on the Manufacturing Employers Table (“MET”)with the Seattle Chamber and the Workforce Development Council of Seattle King County. The MET is a business table to which other public partners in the workforce development world can take ideas and have them vetted in the trade industry. The launch should take place in September/October of this year. Ellis is initiating more survey and data work - more localized impacts of COVID-19, launched project to build a guidebook of technical assistance providers, supporting King County and Port of Seattle on Food Hub Facility Study; numerous Kent community partners on advisory panel; and started a project with the National Development Council on permit help for BIPOC brick and mortar microenterprises. Ellis advised that Kent may play a participatory role in the Manufacturing Employers Table. Economic and Community Development Director, Kurt Hanson advised the new Saars grocery store opened last week on the east hill. Ellis is currently waiting for a response from KMART on what they plan to do next regarding their property. Ellis responded to Councilmember Fincher's comment regarding the need for childcare and confirmed it is a contributing factor for economic recovery and advised he is working with the Human Services division of Parks. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves on the South King Housing and Homeless Partnership that is currently working on standing up the capital funding. Work is being done to stand up the board of the 501c3 in anticipation of private funding coming in for projects. Members decided jurisdictions will have the ability to say yes/no on projects being presented to them. The 501c3 will work on funding coming from private partnerships and the South King Housing and Homeless Partnership will work on funding from city partnerships. 8.A.2 Packet Pg. 19 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 4 of 9 Mayor Ralph serves on the Puget Sound Regional Council Executive Board that received a presentation on the Regional Transportation Plan funding strategies through 2050. The Board also discussed the Regional Economic Strategy and challenges to fund the regional projects. The Central Puget Sound Economic Development District Board is currently updating the Regional Economic Strategy with the three overarching goals of: 1. Expanding economic opportunity 2. Maintaining global competitiveness 3. Sustaining quality of Live The Strategy will need to address: Equity in education and jobs, health and the economy, the lack of affordable childcare, job distribution post COVID, broadband access, housing, homelessness, resilience and recovery. Mayor Ralph advised that Chief Padilla will provide a Fourth of July recap during an upcoming council meeting. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson indicated today we returned to holding City Council meetings in person and also welcomed staff back to the office that were telecommuting. Matheson indicated “Dining with Derek,” is an employee conversation he hosts. On July 8th, Human Resources Director, Teri Smith will join him to answer questions on the City’s COVID response. On Monday, July 19th, the City will reopen ground floor, public facing counters, Kent Commons and the Kent Senior Activity Center. Access to upper city campus buildings will be restricted for security purposes. The mass vaccination site at the accesso ShoWare center will provide vaccinations for the last time on July 17th. Public Health will continue to offer vaccinations at the clinic on the Kent east hill. Matheson’s written report is included in today’s agenda packet and there is no executive session tonight. C. Councilmembers' Reports Council President Troutner provided a review of the workshop presentations on the Environmental Water Quality Program and Mill Creek System Update. Troutner serves as the Vice Chair on the Sound Cities Association Regional Transit Committee that recently discussed METRO restoring/revising bus routes. 8.A.2 Packet Pg. 20 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 5 of 9 Councilmember Michaud expressed appreciation of the Parks maintenance workers and their work cleaning up fireworks debris on Monday. Michaud serves on the Regional Water Quality Committee that received a briefing on the King County Executive’s Clean Water Healthy Habitat Plan and Clean Water Plan. Michaud serves on the Kent Human Services Commission that recently held a public hearing on round three of CDBG-COVID funds. Additionally, there was a discussion with service providers to communicate and share resources and also discussed how to connect residents with eviction resources. Councilmember Kaur serves on the King County Growth Planning Council that recently passed the 2021 Urban Growth Capacity Report and the Countywide Planning Policies that included amendments related to housing. Councilmember Fincher serves as the Chair of the King Conservation District Board that is in the process of interviewing applicants for the Executive Director. Councilmember Fincher attended the recent Association of Washington Cities conference and provided information on the speakers and classes. Fincher serves on the Kent Arts Commission and provided information on murals coming to Kent and invited the public to view the art in the Centennial building. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT T.J Peterson, a Kent Resident provided public comment on tenant protections. Van Hurst provided comment requesting a proclamation to the Seattle Thunderbirds and Western Hockey League to rebrand the Thunderbirds to the “Kent Thunderbirds.” No one signed up to speak remotely. 8. CONSENT CALENDAR I move to approve Consent items A-I. 8.A.2 Packet Pg. 21 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 6 of 9 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jun 15, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jun 15, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jun 22, 2021 4:00 PM B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 6/15/21 and paid on 6/15/21 and authorize the checks issued for payroll 6/1/21 - 6/15/21 and paid on 6/17/21, all audited by the Committee of the Whole on 6/22/21. C. Introduction of Franchise Ordinance with Olympic Pipeline Company Introduction of Franchise Ordinance with Olympic Pipeline Company D. Software Licensing with Vermont Systems, Inc - Authorize MOTION: I move to authorize the Mayor to sign a five-year Services Agreement with Vermont Systems, Inc., through which the City will obtain training services and access to RecTrac, a recreation scheduling and management software, at a total contract cost not to exceed $273,160, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. E. South 218th Street/98th Avenue South from 94th Place South to South 216th Street – PSRC Grant Acceptance – Authorize MOTION: I move authorize the Mayor to accept federal funds in the amount of $4,915,680 for the South 218th Street/98th Avenue South from 94th Place South to South 216th Street Improvements and direct staff to establish a budget for the funds. F. 76th Avenue South – North Segment Improvements – PSRC Grant Acceptance - Authorize 8.A.2 Packet Pg. 22 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 7 of 9 MOTION: I move to authorize the Mayor to accept federal funds in the amount of $3,480,000 for the 76th Avenue South (North Segment) Improvements and direct staff to establish a budget for the funds. G. Appointments to the Land Use and Planning Board - Confirm MOTION: I move to confirm the appointments of Sally McDonough and Michael Purewal to the Land Use and Planning Board for three year terms that will expire December 31, 2024. H. Accept the 2020 Sanitary Sewer Cured-in-Place Pipe Lining Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2020 Sanitary Sewer Cured-in-Place Pipe Lining Project as complete and release retainage to Insituform Technologies, LLC upon receipt of standard releases from the State and the release of any liens. I. Boards and Commissions Ordinance - Adopt MOTION: Adopt Ordinance No. 4406 that enacts a new chapter in the Kent City Code to establish general terms and conditions that apply to all appointive boards, committees, and commissions; amends existing chapters and adopts new chapters, all within Title 2 of the Kent City Code, that apply to specific appointive boards, committees, and commissions to remove duplicative provisions and allow for consistency; and provides for the retroactive application of term limits to prior terms served by members of all appointive boards, committees, and commissions, from the effective date of the ordinance. 9. OTHER BUSINESS A. Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 - Adopt Mayor Ralph provided instructions addressing a resolution to support the Puget Sound Regional Fire Authority Proposition 1, which the voters will be asked to consider at the August 3, 2021, election. After the presentation, and following Council discussion, an opportunity will be provided to the public to provide an opposing viewpoint on this matter. Chief Morris presented details on the resolution and Council President Troutner spoke in support of the resolution. There was no one signed up to present public comment in support or in opposition of the resolution. 8.A.2 Packet Pg. 23 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 8 of 9 MOTION: Adopt Resolution No 2028, supporting Puget Sound Regional Fire Authority Proposition No. 1 in which voters are asked to approve a permanent fire benefit charge. RESULT: ADOPTED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 10. BIDS A. Armstrong Well #1 Rehabilitation and Component Replacement Bid - Award Public Works Director, Chad Bieren provided a review of the Armstrong well #1 Rehabilitation and Component Replacement bid and recommend awarding to Gary Harper Construction. MOTION: I move to award the Armstrong Well #1 Rehabilitation and Component Replacement Project to Gary Harper Construction, Inc. in the amount of $178,670.28 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. Summit Landsburg Road and Rock Creek Culvert Replacement Project Bid - Award Public Works Director, Chad Bieren provided a recap of the Summit Landsburg Road and Rock Creek Culvert Replacement Project bid and recommended awarding to Scarsella Brothers, Inc. MOTION: I move to award the Summit Landsburg Road and Rock Creek Culvert Replacement Project to Scarsella Bros., Inc. in the amount of $2,288,875.34 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.2 Packet Pg. 24 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes July 6, 2021 Kent, Washington Page 9 of 9 RESULT: APPROVED [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:30 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 25 Minutes Acceptance: Minutes of Jul 6, 2021 7:00 PM (Approval of Minutes) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 13, 2021 Date: July 13, 2021 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER Council President Troutner called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Excused Les Thomas Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL There were no changes to the agenda. 4. DEPARTMENT PRESENTATIONS A. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/20/2021 7:00 PM B. INFO ONLY: May Financial Report Financial Planning Manager, Michelle Ferguson presented the May 2021 financial report as follows: Sales Tax revenues are received two months after they are received. During April, the City received $500K more in sales tax revenue over the April amount. This is one of highest amount of revenue ever received. The budget for the Utility Tax has increased since the last report. The City Auditor’s office advised that the City can no longer receive these taxes in the 8.A.3 Packet Pg. 26 Minutes Acceptance: Minutes of Jul 13, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 13, 2021 Kent, Washington Page 2 of 6 internal services fund. The revenue will be received in the General fund and will then be transferred into the IT fund. Garbage and electric utility taxes are coming in higher than normal. The General Fund revenues are showing a positive variance. Lodging tax revenues show signs of improvement. The Capital resources fund REET is improving. $1.65m which is 25% more than 2020. Streamline Sales Tax revenues will be on next months' report. The Criminal Justice fund continues to grow. In May, School Zone Traffic Safety Camera revenue was $250K, this is the highest ever received in one month. Red light camera revenue was $200K, which is a 40% increase from 2020. Ferguson explained the Councilmanic Debt service. The expenditure variance for property insurance was due to an increase in premiums - there was a 17% increase and another 17% increase will happen in June of 2022. Finance Director, Paula Painter clarified why the Council budget shows in the negative. C. Ordinance Repealing Chapter 8.02 KCC - "Single-Use Plastic and Carryout Bags" - Adopt City Attorney, Pat Fitzpatrick provided a brief recap of when the City passed the ordinance limiting the use of single-use plastic bags and the subsequent state action passing similar legislation. On August 20, 2019, the Kent City Council passed Ordinance 4331. Ordinance 4331, codified at chapter 8.02 KCC, established a ban on the use of single- use plastic bags by retail establishments. In 2020, the Washington Legislature passed chapter 70A.530 RCW, which establishes a statewide ban on single-use plastic bags. Chapter 70A.530 RCW exempts those who use public assistance vouchers from payment of the charge. The statute was to be effective beginning January 1, 2021; however, enforcement of the statute was suspended during the COVID-19 crisis. It will be enforced once the COVID emergency is lifted by the Governor. 8.A.3 Packet Pg. 27 Minutes Acceptance: Minutes of Jul 13, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 13, 2021 Kent, Washington Page 3 of 6 Importantly, the statewide ban on single-use plastic bags in chapter 70A.530 RCW preempts Kent’s local ordinance. Accordingly, chapter 8.02 KCC is being repealed. MOTION: I move to adopt Ordinance No. 4408, repealing chapter 8.02 KCC entitled “Single-Use Plastic and Carryout Bags” which is now preempted by chapter 70A.530 RCW. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/20/2021 7:00 PM D. Resolution Ratifying Council Action Taken During COVID-19- Related Suspension of Portions of OPMA - Adopt City Attorney, Pat Fitzpatrick advised that Governor Jay Inslee issued a statewide stay-at-home emergency order on March 23, 2020. The following day, March 24, 2020, Governor Inslee issued Proclamation 20-28 which suspended the provisions of the Open Public Meetings Act requiring in-person meetings. The Kent City Attorney’s Office reviewed and advised the City Council and staff regarding the appropriate implementation of Proclamation 20-28 and its progeny, and in response, the City’s council meetings, workshops, and meetings of the Committee of the Whole were converted to remote meetings. On June 30, 2021, Governor Inslee’s prohibition against in-person meetings was lifted, and meetings of the council are now available for in-person public attendance and remote attendance. In light of the unique nature of the emergency that Washington has endured, the proclamations the governor has issued, and the steps the City has taken with regard to meetings in order to comply with the governor’s orders, the City Attorney has advised that as a measure of insurance, the council should ratify all actions it took during the pandemic at times in which the various provisions of the Open Public Meetings Act were suspended and in-person public attendance at meetings was prohibited. MOTION: I move to adopt Resolution No 2029, ratifying all actions taken by the city council during remote meetings scheduled and held in good faith compliance with the governor’s various emergency orders that suspended portions of Washington’s Open Public Meetings Act during the COVID-19 pandemic. 8.A.3 Packet Pg. 28 Minutes Acceptance: Minutes of Jul 13, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 13, 2021 Kent, Washington Page 4 of 6 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/20/2021 7:00 PM E. INFO ONLY: Equity Update Race and Equity Manager, Uriel Varela provided the council with an update on the Race and Equity Strategic Plan. The City is a member of the Government Alliance on Race and Equity ("GARE"). GARE calls for normalizing, organizing and operationalizing the work. The City is using GARE's Theory of Change as a framework for the City's Race and Equity Plan. City staff participated in national conference: • Democracy for All - Governing for Racial Equity • CARE (ERG) & CORE Team members • The Inside-Outside Job of Organizing Sustainable DEI Efforts: Culture, Capacity-Building, and System Change • Elevate BIPOC Experiences with Storytelling & Decision-making • Using GIS Technology for Equity, Healing and Justice • Plenary: “The Sum of Us: How Government Can Advance the Solidarity Dividend” • Goal: Increase our presence national, local and regional networks The City will be hosting the Government Information and Inclusion network meeting on July 16th. This is a King County network. The topic is on policing and community engagement and Mayor Ralph will be doing the welcoming. Varela updated the Council on the Strategic Plan timeline and advised the data collection survey results are expected in August. Staff will be analyzing results from listening sessions, go back out to the community for Plan vetting in November with hopes of finalizing the plan by January 2022. Varela indicated AV Consulting is helping with the community engagement process: • Conduct 2 listening sessions with 3 Community-Based Organizations • Conduct 2 listening sessions with multicultural community members • Conduct interviews with Community-Based Organization Executive Directors Current Status • Scheduling the listening sessions • AV consulting will complete listening sessions at the end of the month. Race & Equity Manager • Continue to conduct listening sessions w/community leaders who are not part of AV listening sessions. • Continue to update CCB and the Race & Equity Core Team. 8.A.3 Packet Pg. 29 Minutes Acceptance: Minutes of Jul 13, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 13, 2021 Kent, Washington Page 5 of 6 • ARPA funding requests • LEP policy and Navigation tool Council suggested casting a wide net to obtain lots of data and may be interested in extending the timeline if needed. Varela advised of the proposed community engagement accommodations. The goal is to remove as many barriers to attending as possible. Varela provided an overview of the agenda for listening sessions. Results from the listening sessions as well as results from Varela's interviews with local community leaders will be analyzed by the City's CORE Team. the information and data will be used to develop an equity lens. The Race and Equity Core team is an internal employee-led group who will help steer the City through the process of developing and operationalizing equity. The functions of the team are capacity building, communications, collecting and analyzing data, championing the work and creating and adapting tool kits for departments to implement equity into their work. Varela reviewed the schedule for the Race and Equity Core Team. The Racial Equity Lens is a quality improvement tool that will continuously evolve and will help us incorporate equity into decision making, maintain consciousness of historical and societal context and will allow the City to critically access and reassess policies. The Racial Equity Lens will inform the Strategic Plan and will lead to the Racial Equity Tool Kit. It will also provide common vocabulary and protocol for evaluating decisions, policies, processes, programs and practices for racial equity in the City. Varela reviewed the Equity Projects that were established prior to him assuming his current role. Varela indicated Kent is farther along than other jurisdictions regarding work on Race and Equity. GARE is beginning to be used by Auburn, Tukwila, Renton, Bellevue, Redmond, Seattle and King County. Council expressed appreciation of Uriel's passion for his work on race and equity. 5. ADJOURNMENT Council President Troutner adjourned the meeting. 8.A.3 Packet Pg. 30 Minutes Acceptance: Minutes of Jul 13, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 13, 2021 Kent, Washington Page 6 of 6 Meeting ended at 4:35 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 31 Minutes Acceptance: Minutes of Jul 13, 2021 4:00 PM (Approval of Minutes) DATE: July 20, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 6/30/21 and paid on 6/30/21 and authorize the checks issued for payroll 6/16/21-6/30/21 and paid on 7/2/21, all audited by the Committee of the Whole on 7/13/21. SUMMARY: Approval of payment of the bills received through-----06/30/21 and paid 06/30/21 Approval of checks issued for Vouchers: Date Amount 06/30/21 Wire Transfers 8798 8816 $2,917,242.60 06/30/21 Regular Checks 753943 754211 $4,001,380.31 06/30/21 Payment Plus 103328 103373 $252,053.24 Void Checks $0.00 06/30/21 Use Tax Payable $611.64 $7,171,287.79 Approval of checks issued for Payroll:6/16/21-6/30/21 and paid 7/2/2021 Date Amount 7/2/2021 Checks $1,985,047.83 Voids and Reissues 7/2/2021 Advices FR&P 463180 463188 $7,074.04 Total Payroll $1,992,121.87 Document Numbers Document Numbers BUDGET IMPACT: None. 07/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/20/2021 7:00 PM 8.B Packet Pg. 32 DATE: July 20, 2021 TO: Kent City Council SUBJECT: Franchise Ordinance with Olympic Pipeline Company - Adopt MOTION: I move to adopt Ordinance No. 4407, granting a non-exclusive 10-year franchise agreement with Olympic Pipe Line Company to construct, operate, maintain, remove, replace, and repair their pipeline facilities. SUMMARY: The Olympic Pipe Line Company operates a pipeline through the Kent Valley for the transportation of petroleum products. Their pipeline facilities are primarily on non-City owned private property. They require a franchise with the City because they cross our right-of-way at nine locations within the City limits. The City granted Olympic Pipe Line Company a ten-year franchise on June 7, 2011 by the adoption of Ordinance No. 3998. This franchise will expire at the end of June 2021. Olympic applied for a new franchise for continued use of the City’s right-of- way in accordance with chapter 6.15 of the Kent City Code. The City has the authority to grant non-exclusive franchises for the use of public streets and other rights-of-way pursuant to RCW 35A.47.040. This franchise has a 10-year term and includes standard terms governing the construction, operation and maintenance of Olympic’s equipment. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Olympic Pipe Line Company Franchise Ordinance (PDF) 2. Olympic Franchise - Exhibit A Franchise Agreement (PDF) 8.C Packet Pg. 33 1 Franchise Authorized - Olympic Pipe Line Company, LLC ORDINANCE NO. 4407 AN ORDINANCE of the City Council of the City of Kent, Washington, granting to Olympic Pipe Line Company, LLC an interstate pipeline corporation incorporated in the State of Delaware, a nonexclusive franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products within and through the franchise area of the City of Kent. RECITALS A. Olympic Pipe Line Company, LLC (“Olympic”) has applied for a nonexclusive franchise to construct, operate and maintain an existing petroleum pipeline through certain public rights of way and property within the City of Kent (“City”). Olympic operates a liquid gas pipeline that runs from Ferndale, Washington to Portland, Oregon and its current franchise with the City expires in June 2021. B. The Federal Pipeline Safety Act, 49 U.S.C. § 60101 controls and regulates the matters relating to the safety, design, construction, installation, testing and inspection of Olympic’s pipeline and preempts much of the City’s authority to control and regulate these matters. 8.C.a Packet Pg. 34 Attachment: Olympic Pipe Line Company Franchise Ordinance (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 2 Franchise Authorized - Olympic Pipe Line Company, LLC C. RCW 35A.47.040 authorizes the City to grant nonexclusive franchises for the use of public streets and other public ways under conditions set by ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Franchise Granted. The Franchise Agreement between the City of Kent and Olympic Pipe Line Company, LLC, substantially in the form attached and incorporated as Exhibit A, is hereby granted. Upon Olympic’s acceptance of the Franchise Agreement, the Mayor is authorized to execute the same on behalf of the City of Kent, subject to those changes that are not material in nature and may be authorized by the City Attorney. SECTION 2. – Mayoral Authorization. The Mayor is further authorized to execute all documents necessary to implement the full terms of the negotiated franchise. SECTION 3. – City Clerk Directed to Publish. The City Clerk is directed to publish notice of the franchise’s grant prior to its effective date, which publication shall occur at least once in a newspaper of general circulation in the City. The publication shall include language substantially similar to the following, which the City Clerk is authorized to amend to properly identify the web address where a complete copy of the Franchise Agreement may be located: AN ORDINANCE of the City Council of the City of Kent, Washington, was adopted on July 20, 2021, which granted Olympic Pipe Line Company, LLC, a 10-year non-exclusive franchise agreement; authorized the Mayor to sign all documents necessary to implement the full terms of the negotiated agreement; and directed 8.C.a Packet Pg. 35 Attachment: Olympic Pipe Line Company Franchise Ordinance (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 3 Franchise Authorized - Olympic Pipe Line Company, LLC the City Clerk to publish notice of Council’s grant of this franchise. A complete copy of the Franchise Agreement is available through the City Clerk’s office, located at 220 Fourth Avenue South in the City of Kent, or online at https://www.codepublishing.com/WA/Kent/. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This ordinance, being an exercise of a power specifically delegated to the City’s legislative body, is not subject to referendum. It shall be published and will take effect thirty (30) days after its passage. The Franchise Agreement, however, shall become effective only upon its acceptance by Olympic Pipe Line Company, LLC and execution by the Mayor. Should Olympic fail to timely file its written acceptance of the Franchise Agreement, Olympic will be deemed to have rejected and repudiated the Franchise Agreement and the franchise will be voidable by the City. July 20, 2021 DANA RALPH, MAYOR Date Approved ATTEST: July 20, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 8.C.a Packet Pg. 36 Attachment: Olympic Pipe Line Company Franchise Ordinance (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 4 Franchise Authorized - Olympic Pipe Line Company, LLC July 23, 2021 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.C.a Packet Pg. 37 Attachment: Olympic Pipe Line Company Franchise Ordinance (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 1 Olympic Pipe Line Company LLC Franchise Agreement Olympic Pipe Line Company LLC (“Olympic”) and City of Kent Franchise Agreement (“Franchise”) EXHIBIT A FRANCHISE AGREEMENT SECTION 1. – Definitions. Where used in this Franchise, these terms have the following meanings. Words not defined will be given their common and ordinary meaning. 1.1. Construct or Construction means removing, replacing, and repairing existing pipeline(s) or Facilities and may include, but is not limited to, digging or excavating for the purposes of removing, replacing, and repairing existing pipeline(s) or Facilities. 1.2. Effective Date means the date designated, after passage, approval and legal publication of this Ordinance and acceptance by Olympic, upon which the rights, duties and obligations will come in effect and the date from which the time requirement for any notice, extension or renewal will be measured. 1.3. Emergency means an unforeseen event or set of circumstances which demands immediate action to preserve or protect public health, life or property. 1.4. Emergency Management Laws mean any applicable federal, state or local rules and regulations relating to emergency mitigation, preparedness, response, and recovery which may include Homeland Security Presidential Directive (HSPD) – 5 establishing the National Incident Management System (“NIMS”), the Revised Code of Washington (“RCW”) Chapter 38.52, and the Washington Administrative Code (“WAC”) Chapter 118-30. Also included are chapter 118-40 WAC Hazardous Chemical Emergency 8.C.b Packet Pg. 38 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 2 Olympic Pipe Line Company LLC Franchise Agreement Response Planning and Community Right to Know Reporting and chapter 70.136 RCW Hazardous Materials Incidents. 1.5. Environmental Laws mean the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Washington Hazardous Waste Management Act, chapter 70A.300 RCW; and the Washington Model Toxics Control Act, chapter 70A.305 RCW all as amended from time to time; and any other valid and applicable federal, state, or local statute, code, or ordinance or valid and applicable federal or state administrative rule, regulation, ordinance, order, decree, or other valid and applicable governmental authority as now or at any time hereafter in effect pertaining to the protection of human health or the environment. 1.6. Facilities mean Olympic’s pipeline system, lines, valves, mains, and appurtenances used to transport or distribute Olympic’s Petroleum Product(s), existing as of the date of this Franchise or as those components may be modified or improved consistent with the terms of this Franchise. 1.7. Franchise means this Franchise and any amendments, exhibits, or appendices to this Franchise. 1.8. Franchise Area means the following locations in which Facilities have been installed: 8.C.b Packet Pg. 39 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 3 Olympic Pipe Line Company LLC Franchise Agreement STREET WIDTH APPROX. DISTANCE/LOCATION Across S. 228th St. 60 feet 1750’ E/CL 68th Ave. S. Across S. 212th St. 60 feet 1750’ E/CL 68th Ave. S. Across S. Smith St. 60 feet 1775’ E/CL 68th Ave. S. Across W. Meeker St. 60 feet 1775’ E/CL 68th Ave. S. Across W. Willis St. 60 feet 750’ W/CL 5th Ave. Across Willis St.(SR-516)150 feet 750’ W/CL 5th Ave. Across S. 259th St. 60 feet 1275’ W/CL 3rd Ave. Across S. 262nd St. 60 feet 2150’ E/CL West Valley Hwy. Across W. James St. 66 feet 1775’ E/WL Section 13, T 22 N, R 4 E, W.M. Franchise Area also includes any Right-of-Way, Public Way, Other Ways or designated Public Property within the jurisdictional boundaries of the City where the Facilities may already be located that is not listed within this Section 1.8, including any areas annexed by the City (but excluding properties annexed upon which Olympic holds a private easement, license, or other property interest for its Facilities) during the term of this Franchise, in which case the annexed area will become subject to the terms of this Franchise. 1.9. Hazardous Substance(s) means any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant, including all substances designated under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et 8.C.b Packet Pg. 40 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 4 Olympic Pipe Line Company LLC Franchise Agreement seq.; the Washington Hazardous Waste Management Act, chapter 70A.300 RCW; and the Washington Model Toxics Control Act, chapter 70A.305 RCW; all as amended from time to time; and any other federal, state or local statute, code or ordinance or lawful rule, regulation, order, decree or other governmental authority as now or at any time hereafter in effect. The term will specifically include Petroleum and Petroleum Products. The term will also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. 1.10. Improve or Improvements mean modifications to, but not a change in the basic nature, size or location of, the existing pipeline(s) or Facilities, as required or necessary for safe operation. 1.11. Laws mean any federal, state, or municipal code, statute, ordinance, decree, executive order, guideline, regulation, regulatory program, rule, specification, standard, Environmental Laws, Pipeline Operation and Safety Laws, or governmental authority, as they exist, are amended, or may be created, that relate to Petroleum, Petroleum Operations (as defined within this Section 1), hazardous materials, maintenance or improvement of Facilities, as they exist or may be amended. 1.12. Maintenance or Maintain means examining, testing, inspecting, repairing, and replacing the existing pipeline(s) or Facilities or any part thereof as required or necessary for safe operation. 1.13. Operate or Operations means the use of Olympic’s pipeline(s) or Facilities for the transportation, distribution and handling of Petroleum or Petroleum Products within and through the Franchise Area. 8.C.b Packet Pg. 41 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 5 Olympic Pipe Line Company LLC Franchise Agreement 1.14. Other Ways mean the highways, streets, alleys, utility easements or other Rights-of-Way within the City as encompassed by RCW 47.24.020 and 47.52.090. 1.15. Petroleum or Petroleum Products mean and includes, but is not limited to motor gasoline, diesel fuel, and aviation jet fuel, and will exclude natural gas. 1.16. Pipeline Corridor means the pipeline pathway through the jurisdictional boundaries of the City in which the pipeline(s) or Facilities of Olympic are located, including any Rights-of-Way, Public Property, Public Ways, Other Ways, or easements over and through private property. 1.17. Pipeline Operation and Safety Laws mean any valid and applicable federal, state or local rules and regulations relating to the operations, management, maintenance, damage prevention, public education, emergency planning and response or other activities relating to hazardous liquid pipelines, which includes the Federal Pipeline Safety Act, 49 U.S.C. § 60101 et seq. and the Pipeline Safety Code of Federal Regulations, 40 CFR Parts 186-199, all as amended from time to time and any other valid and applicable federal, state or local law. 1.18. Public Improvement is as defined within Section 12 and collectively includes traffic conditions, public safety, dedications of new Rights-of-Way, the establishment and improvement of new Rights-of-Way, widening or improvement of existing Rights-of-Way or both, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement, any public facilities or structure by the City or any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity. 8.C.b Packet Pg. 42 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 6 Olympic Pipe Line Company LLC Franchise Agreement 1.19. Public Way(s) mean any highway, street, alley, utility easement (unless their use is otherwise restricted for other users), or other public Rights-of-Way for motor vehicle or other use under the jurisdiction and control of the City. 1.20. Public Property means the present or future property owned or leased by the City within the present or future corporate limits, or jurisdictional boundaries of the City. 1.21. Right(s)-of-Way means the surface and the space above and below and appurtenant to streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, and similar Public Property, Public Ways or Other Ways and areas located within the Franchise Area. SECTION 2. - Franchise Granted. 2.1. Franchise Granted. Pursuant to RCW 35A.47.040, the City does hereby grant to Olympic the right, privilege, and authority to Construct, Operate, Maintain and Improve its existing Facilities, together with all equipment and appurtenances as may be necessary thereto, for the transportation and handling of any Petroleum or Petroleum Products, within the existing Pipeline Corridor passing through the Franchise Area. This Franchise is granted subject to the police powers, land use authority and franchise authority of the City and is conditioned upon the terms and conditions contained herein and Olympic’s compliance with any applicable federal, state or local regulatory programs that currently exist or may hereafter be enacted by any federal, state or local regulatory agencies with jurisdiction over Olympic. 2.2. Non-exclusive Franchise. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other 8.C.b Packet Pg. 43 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 7 Olympic Pipe Line Company LLC Franchise Agreement franchises in, under, on, across, over, through, along or below the Franchise Area. This and other franchises will, in no way, prevent or prohibit the City from using any of its Rights-of-Way, Public Property, Public Ways, and Other Ways or affect its jurisdiction over them or any part of them, and the City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacations of same as the City may seem fit, including the dedication, establishment, maintenance and improvement of all new Rights-of-Way, streets, avenues, thoroughfares, and Public Ways, or Other Ways. SECTION 3. - Grant of Authority Limited. 3.1. Limited Authorization. The authority granted by this Franchise is a limited authorization to occupy and use the Franchise Area. Olympic is authorized to place its Facilities in the Franchise Area only consistent with this Franchise, the City of Kent Zoning Code, the Comprehensive Plan, the Kent Design and Construction Standards and the Kent Municipal Code (collectively the “Codes”). Nothing within this Franchise grants or conveys any right, title, or interest in the Franchise Area or any other Rights-of-Way to Olympic other than for the transportation and handling of any Petroleum or Petroleum Products, within the existing Pipeline Corridor passing through the Franchise Area. None of the rights granted by this Franchise affects the City’s jurisdiction over its property, streets, or Rights-of-Way. 3.2. Amendment Required. The limited rights and privileges granted under this Franchise do not convey any right to Olympic to install any new pipeline(s) or Facilities that change the basic nature, size, or location of the Facilities without an amendment to this Franchise. 3.3. Acknowledgement. If Olympic becomes aware that a provision of this Franchise may be unlawful or invalid under applicable federal or state law, 8.C.b Packet Pg. 44 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 8 Olympic Pipe Line Company LLC Franchise Agreement it may not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, Olympic will promptly advise the City of the potential invalidity or illegality, and the parties will meet within thirty (30) days and endeavor jointly to cure the invalidity or illegality. If the parties cannot agree, this provision does not constitute a waiver of any rights under federal or state law, including any claim that the provision is pre-empted by applicable federal or state law. SECTION 4. - Franchise Term. 4.1. Term. This Franchise shall have a term of ten (10) years from its Effective Date. Within one year of the end of the ten (10)-year term, either party may request an extension for an additional five (5)-year term. 4.2. Year-to-Year Extension. If the parties fail to formally renew the Franchise prior to the expiration of the term, the City may extend this Franchise on a year-to-year basis (or such term as the parties may mutually agree) until the City grants a renewed Franchise. 4.3. All Extensions are Discretionary. Extensions under this Section 4 will not be automatic and must be granted in writing by the City. SECTION 5. - Assignment and Transfer of Franchise. 5.1. City Council Approval Required. Olympic may not sell, assign, transfer, lease, or dispose of this Franchise, either in whole or in part, and Olympic may not pass title or permit it to vest, either legally or equitably, in any person or entity without the passage of an ordinance or resolution. The City’s consent will not be unreasonably withheld. Additionally, the City’s consent does not waive any rights of the City to subsequently enforce non- compliance issues relating to this Franchise that existed at or before the 8.C.b Packet Pg. 45 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 9 Olympic Pipe Line Company LLC Franchise Agreement time of the City’s consent. This provision shall not apply to any sale or transfer of Olympic’s stock by any of Olympic’s shareholders. 5.2. Acceptance. If the City consents, then Olympic will, within thirty (30) days, file with the City a written instrument evidencing such sale, assignment or transfer of ownership, whereby the assignee(s) or transferee(s) will agree to accept and be bound by all of the provisions of this Franchise. SECTION 6. - Compliance with Laws and Standards. Olympic shall comply with all valid and applicable Laws and/or standards, as they exist or may be amended, whether or not specifically mentioned in this Franchise. SECTION 7. - Construction on or within the Franchise Area. 7.1. Permits required. Except in the event of an Emergency, Olympic shall first obtain all required permits from the City to perform Construction, Improvements or Maintenance on Olympic’s Facilities within the Franchise Area. Olympic’s permit application shall contain detailed plans and specifications (“Plans”) showing the position, depth and location of all such Facilities in relation to City Rights-of-Way, Public Property, Public Ways, and Other Ways, or other City property, and specifying the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information. Such work will only commence upon the issuance of applicable permits, and payment of the associated fees, which permits will not be unreasonably withheld or delayed after submission of a complete application. Once a permit is issued, except in the event of an Emergency, Olympic will provide the City with at least 8.C.b Packet Pg. 46 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 10 Olympic Pipe Line Company LLC Franchise Agreement seventy-two (72) hours written notice prior to any Construction or Maintenance on Olympic Facilities within the Franchise Area. 7.2. Waiver of Permit for Emergency. In the event of an Emergency requiring immediate action by Olympic for the protection of the pipeline(s) or Facilities, or preservation or protection of Public Property, the environment or the property, life, health or safety of any individual, Olympic may take action immediately to correct the dangerous condition pursuant to Section 11 without first obtaining any required permit so long as: (1) Olympic notifies the Puget Sound Regional Fire Authority of the Emergency, including the nature, location and extent of the Emergency through the City’s designated dispatch system (i.e., 911), including any additional information required by the City’s or Olympic’s emergency response plans or Emergency Management Laws; and (2) Olympic informs the City’s designated permitting authority of the nature, location, and extent of the Emergency, and the work to be performed, prior to commencing the work if such notification is practical, or where such prior notification is not practical, the next business day; and (3) such permit is obtained by Olympic as soon as practicable. 7.3. Construction Guarantee. Upon acceptance of this Franchise by Olympic, Olympic shall post a bond in the amount of twenty-five thousand dollars ($25,000) that shall remain in effect for the term of this Franchise and shall ensure the faithful performance of Olympic’s obligations under the Franchise, including, but not limited to, payment by Olympic of any penalties, claims, liens, or fees due to the City that arise by reason of the operation, Construction, or Maintenance of the Facilities within the Franchise Area (“Franchise Bond”). Olympic shall pay all premiums or other costs associated with maintaining the Franchise Bond. Additionally, if the Franchise Bond is determined by the City to be inadequate to ensure Olympic’s performance or the project, Olympic shall post any additional 8.C.b Packet Pg. 47 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 11 Olympic Pipe Line Company LLC Franchise Agreement bonds the City requires to guarantee performance by Olympic in accordance with the conditions of any permits and/or the requirements of this Franchise. 7.4. Workmanship. All work performed by Olympic or upon Olympic’s direction or on Olympic’s behalf shall be accomplished in a safe and workmanlike manner and in accordance with the plans and approved permit. Olympic’s activities will be conducted in such a manner as to avoid damage or interference with other utilities, drains or other structures, and to not unreasonably interfere with public travel, park uses or other municipal uses, and the free use of adjoining property so as to provide safety for persons and property. Olympic’s Construction or Maintenance will be in compliance with all valid and applicable Laws and regulations and specifications of governmental agencies with jurisdiction. 7.5. Line Markers. Olympic will place and Maintain line markers pursuant to federal regulations within and along the Pipeline Corridor. Additionally, Olympic agrees to continue its voluntary practice of placing continuous markers underground, when and where appropriate, indicating the pipeline’s location each time Olympic digs to the pipeline, or such other “industry best practices” as may from time to time be developed as a method of alerting excavators of the presence of the pipeline. 7.6. Locator Service. Olympic will remain a member of the State of Washington One-Number locator service (Chapter 19.122 RCW), or approved equivalent, and will comply with all such applicable rules and regulations. 7.7. Avoiding Interference by Olympic’s Facilities. 7.7.1 Payment of Additional Costs. Should the City be able to objectively demonstrate that it has incurred or will incur incremental costs 8.C.b Packet Pg. 48 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 12 Olympic Pipe Line Company LLC Franchise Agreement in Public Improvements necessary to avoid damaging Olympic’s Facilities when constructing streets, water and sewer lines, and other City-owned underground utilities, Olympic shall pay to the City the full amount of such incremental costs. The City will invoice Olympic for these costs, and Olympic shall pay the invoice within thirty (30) days of the invoice. 7.7.2 Free Passage of Traffic. Olympic’s Facilities shall be located and maintained within the Franchise Area to prevent interference with the free passage of pedestrian and/or vehicle traffic, or with the reasonable ingress or egress to the properties abutting the Franchise Area as they exist at the time of installation, Maintenance and/or improvement of the Facilities. 7.8. Open Cut of the Right-of-Way Restrictions. If Olympic applies for a permit within the Franchise Area, Olympic will not open cut the Right-of- Way affected by the permit application if the City has completed an asphalt overlay on such Right-of-Way during a five (5)-year period immediately prior to the date of a permit application or if such Right-of-Way has a City pavement rating of 70 or higher, unless required by an Emergency or federal or state rule or order or otherwise approved by the City. If any such Right- of-Way is open cut, whether in an Emergency or otherwise, Olympic will install or cause to install a new asphalt overlay in accordance with City Design and Construction Standards or other specifications for a minimum of one hundred fifty (150) feet in length in both directions from the open cut at Olympic’s sole expense. Olympic may request that the City install the new asphalt overlay and invoice Olympic for all reasonable costs incurred by the City, but the City is not required to do so. Olympic or its agent will obtain any necessary permits pursuant to this Section 7 for any asphalt overlays required by this Section. 7.9. Coordination of Work. The parties shall make reasonable efforts to coordinate any work that either party may undertake within the Franchise 8.C.b Packet Pg. 49 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 13 Olympic Pipe Line Company LLC Franchise Agreement Area to promote the orderly and expeditious performance and completion of such work. At a minimum, such efforts shall include reasonable and diligent efforts to keep the other party and other utilities within the Franchise Area informed of Olympic’s intent to undertake work. The parties shall make reasonable efforts to minimize any delay or hindrance to any Construction work undertaken by themselves or utilities within the Franchise Area. 7.10. Inspection. Olympic shall regularly inspect the surface conditions on or adjacent to the Pipeline Corridor, as required by applicable state and federal regulations. SECTION 8. – Restoration after Construction. 8.1. Repair of Damage and Restoration. Olympic shall repair any damage to the Franchise Area, and the property of any third party, after installation, Construction, relocation, Maintenance or repair of its Facilities or after abandonment approved pursuant to Section 9, within thirty (30) days following the date of any of these activities and at Olympic’s sole cost and expense. Olympic shall restore the Franchise Area and the surface of any Rights-of-Way to the same or better condition as it was immediately prior to any installation, Construction, relocation, Maintenance, or repair by Olympic. Olympic shall not be responsible for any changes to the Franchise Area not caused by Olympic or anyone doing work for Olympic. 8.2. Completion of Restoration Work. 8.2.1 Olympic agrees to complete all restoration work to the Franchise Area or other affected area at its sole costs and expense and according to the time and terms specified in the construction permit issued by the City. Olympic also agrees to repair any damage caused by work to the Franchise Area within fourteen (14) days unless otherwise approved by 8.C.b Packet Pg. 50 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 14 Olympic Pipe Line Company LLC Franchise Agreement the Director. All work by Olympic pursuant to this Franchise shall be performed in accordance with applicable City standards and warranted for a period of two (2) years and for undiscovered defects as is standard and customary for this type of work. 8.2.2 If conditions (e.g., weather) make the complete restoration required under this Section 8 impracticable, Olympic shall temporarily restore the affected Right-of-Way or property at its sole cost and expense. Olympic shall promptly undertake and complete the required permanent restoration as soon as conditions no longer make such permanent restoration impracticable. 8.3. Survey Monuments. No survey monument may be removed (or replaced) without a professional land surveyor obtaining a permit in advance from the Washington State Department of Natural Resources and submitting a copy of the approved permit to the City. Olympic shall restore all concrete encased monuments that will be disturbed or displaced by such work to City standards and specifications. The Public Works Director or designee shall have final approval of the condition of the Rights-of-Way after repair or restoration by Olympic. 8.4. Reimbursement of City’s Costs to Restore. If Olympic does not repair the Franchise Area or an improvement in or to a Right-of-Way within the time prescribed by this Section 8, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an itemized invoice to Olympic. The City may also bill Olympic for any expenses associated with the design and inspection of such restoration work. 8.5. Survival. The provisions of this Section 8 shall survive the expiration or termination of this Franchise so long as Olympic continues to have Facilities in the Franchise Area and has not completed all restoration to the City’s standards. 8.C.b Packet Pg. 51 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 15 Olympic Pipe Line Company LLC Franchise Agreement SECTION 9. - Abandonment or Removal of Facilities. 9.1. Notification. Olympic will notify the City of any abandoned Facilities or permanent cessation of use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. 9.2. Removal. In the event of abandonment or Olympic’s permanent cessation of use of its Facilities, or any portion thereof within the Franchise Area, Olympic will, within one hundred and eighty (180) days after the abandonment or permanent cessation of use, at Olympic’s sole cost and expense, either remove the Facilities or alternatively, with the consent of the City, which consent will not be unreasonably withheld, Olympic may secure the Facilities in such a manner as to cause them to be as safe as is reasonably possible, by removing all Petroleum Products, purging vapors, displacing the contents of the line with an appropriate inert material and sealing the pipe ends with a suitable end closure, all in compliance with valid and applicable regulations, and abandon them in place provided that portions of the Facilities which are above ground will be removed. Olympic will obtain any necessary permits pursuant to Section 7 for any securement or removal of Facilities under this Section. 9.3. Restoration after Removal or Securement. In the event of the removal or securement of all or a portion of the Facilities, Olympic will restore the Franchise Area as nearly as possible to a condition that existed prior to removal or securement of Olympic’s Facilities. This restoration work will be done at Olympic’s sole cost and expense and to the City’s reasonable satisfaction. If Olympic fails to remove or secure the Facilities and fails to restore the premises or take such other mutually agreed upon action, the City may, after reasonable notice to Olympic, remove the Facilities, restore the Franchise Area or take such other action as is reasonably necessary at Olympic’s sole expense and invoice Olympic for all reasonable costs incurred 8.C.b Packet Pg. 52 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 16 Olympic Pipe Line Company LLC Franchise Agreement by the City which costs shall be paid within thirty (30) days of invoice. This remedy will not be exclusive and will not prevent the City from seeking a judicial order directing that the Facilities be removed or properly abandoned in place or from seeking any other appropriate remedy. 9.4. Obligations. If Olympic abandons the Facilities in place, it will retain the obligation to remove, alter, relocate or re-secure such Facilities in the future at Olympic’s sole expense if it is reasonably determined, in the sole discretion of the City, that removal, alteration, relocation or re-securing the Facilities is necessary or advisable for the health, safety, necessity or convenience of the public. If Olympic fails to remove, alter, relocate or re- secure such Facilities in the future, the City may, after reasonable notice to Olympic, cause the Facilities to be removed, the premises to be restored or take any other action as is reasonably necessary at Olympic’s sole expense and invoice Olympic for all reasonable costs incurred by the City which costs shall be paid within thirty (30) days of invoice. If the City causes any work to be done at the Facilities, it will use a contractor or personnel that are qualified under Olympic’s required Operator Qualification Program. 9.5. Survival. The provisions of this Section 9 shall survive the expiration or termination of this Franchise so long as Olympic continues to have Facilities in the Franchise Area and has not completed all restoration to the City’s standards. SECTION 10. - Excavation Management. 10.1. Compliance with Laws. Olympic and the City will comply with applicable federal, state and local requirements regarding excavation management, including the State of Washington One-number locater service (chapter 19.122 RCW). Olympic will maintain a written program to prevent 8.C.b Packet Pg. 53 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 17 Olympic Pipe Line Company LLC Franchise Agreement damage to its Facilities from excavation activities, as required by applicable state and federal guidelines. 10.2. Excavator Notice to Olympic. Consistent with RCW 19.122.033, Notice of excavation to pipeline companies, the City will use reasonable efforts to inform all excavators that subject to a City grading or Right-of- Way permit working within 100 feet of Olympic’s Facilities of their responsibility to notify Olympic at least forty-eight (48) hours prior to the start of any work and to ensure compliance with the requirements of the State of Washington one-number locator service law (chapter 19.122 RCW). The City shall not be liable for any damage, loss or injury caused by a third party that the City failed to notify, or a third party’s failure to notify Olympic of any work near or affecting Olympic’s Facilities. 10.3. Inspection and Testing. Should Olympic become aware that a third party conducts any excavation or other significant work that may affect the Facilities, Olympic shall conduct such inspections and/or testing as required by applicable federal or state law to determine that no damage was done to the Facilities. SECTION 11. – Leaks, Spills and Emergency Response. 11.1. Emergency Response Plan. 11.1.1 Olympic shall maintain and provide to the City an Emergency Response Plan that is in compliance with the applicable federal and state Pipeline Operation and Safety Laws and Emergency Management Laws or state and federal agencies with jurisdiction. Upon written request by either party, the parties agree to meet periodically to review the Emergency Response Plan and procedures. Olympic shall make available for inspection to the City upon request its current manual for responding to 8.C.b Packet Pg. 54 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 18 Olympic Pipe Line Company LLC Franchise Agreement emergencies involving its pipeline and Facilities. The manual is based on the Northwest Area Contingency Plan, as approved by the Washington State department of Ecology (DOE) and the federal Pipeline and Hazardous Materials Safety Administration. 11.1.2 Olympic’s Emergency Response Plan and procedures will designate Olympic’s responsible local emergency officials and a direct 24- hour emergency contact number for the control center operator. The parties will cooperate throughout the term of this Franchise to keep emergency contact information up to date and accurate. Olympic will, after being notified of an Emergency anywhere within the City (even if the Emergency occurs outside of the Franchise Area), cooperate with the City and make every effort to respond as soon as possible to protect public property and the public’s health, safety, and welfare. 11.2. Emergency Response. 11.2.1 Olympic will cooperate with the City in planning for and responding to Emergencies involving or affecting Olympic’s Facilities requiring protection of property, public health and safety. Olympic shall at all times have available, within King County, sufficient emergency response personnel, equipment and materials to immediately and fully respond to any spill, leak, rupture or other release of Petroleum Products or Hazardous Substances from Olympic’s pipeline(s) or Facilities or that Olympic will be solely responsible for all reasonably necessary costs incurred by any agency in responding appropriately to any spill, leak, rupture or other release of Petroleum Products or Hazardous Substances from Olympic’s pipeline(s) or Facilities, including, but not limited to, detection and removal of any contaminants from, earth or water, all remediation costs, equipment replacement, and staffing costs, except for any spill, leak or other release 8.C.b Packet Pg. 55 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 19 Olympic Pipe Line Company LLC Franchise Agreement that results from the sole negligence or willful misconduct of the City or its contractors. 11.2.2 In the event of an Emergency, Olympic will (1) notify the Puget Sound Regional Fire Authority of the Emergency, including the nature, location and extent of the Emergency through the City’s designated dispatch system (i.e., 911), including any additional information required by the City’s or Olympic’s Emergency Response Plans or Emergency Management Laws; (2) investigate, respond to and report any leaks, spills, ruptures and other Emergencies affecting the City as required by applicable federal or state regulations and Emergency Response Plans; and (3) provide to the City a copy of any reports related to the investigation and response to any such Emergency or resulting corrective actions which are required by applicable federal or state regulations or directed by governmental authorities with jurisdiction. Olympic will notify the Puget Sound Regional Fire Authority Office of Emergency Management of the Emergency at (253) 856-4440 as soon as is practicable. 11.3. Recovery of Costs. Olympic shall be solely responsible for all costs incurred by the City in responding to any contamination, leak, rupture, or spill from Olympic’s Facilities, including, but not limited to, detection and removal of any contaminants from air, earth or water, and all actual remediation costs. This Section shall not limit Olympic’s rights or causes of action against any third party who may be responsible for a leak, contamination, spill or other release of hazardous liquid from Olympic’s Facilities, including third party insurers. 11.4. Investigation Required. In the event of an uncontained leak, spill or rupture from Olympic’s Facilities affecting the Franchise Area of five (5) gallons or more, Olympic will notify the City, and will notify the City of its response. In the event the leak is investigated by federal or state regulators, 8.C.b Packet Pg. 56 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 20 Olympic Pipe Line Company LLC Franchise Agreement Olympic will share the investigation results with the City within sixty (60) days of the investigation’s completion. SECTION 12. – Required Relocation of Facilities. 12.1. Relocation Requirement. Olympic agrees to protect, support, relocate, or remove from any Rights-of-Way any of its Facilities within a reasonable time when reasonably required by the City by reason of traffic conditions, public safety, dedications of new Rights-of-Way, the establishment and improvement of new Rights-of-Way, widening or improvement of existing Rights-of-Way or both, street vacations, freeway construction, change or establishment of street grade, or the construction of any Public Improvement or structure by any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity. Collectively, such matters are referred to within this Franchise with the term “Public Improvement.” 12.2. Notice to Relocate. The City will provide Olympic reasonable written notice of any Public Improvement that requires changes to or the relocation of Olympic’s Facilities. The City will endeavor, where practical, to provide Olympic at least 365 days prior written notice, or such additional time as may be reasonably required, of such Public Improvement. However, nothing in this Section will be construed as to relieve Olympic of its duty and obligation to relocate its Facilities to accommodate any Public Improvement undertaken by the City after the City has provided written notice of the requirement to relocate. 12.3. Locate. Upon written request of the City, or a third party performing work in the Franchise Area, and in order to facilitate the design of City street and Right-of-Way Improvements or other Public Improvement, Olympic agrees, at its sole cost and expense, to locate, and if determined necessary 8.C.b Packet Pg. 57 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 21 Olympic Pipe Line Company LLC Franchise Agreement by the City, to excavate and expose its Facilities for inspection so that the Facilities’ location may be taken into account in the Public Improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the Public Improvement shall be made by the City upon review of the location and Construction of Olympic’s Facilities. The City shall provide Olympic at least thirty (30) days’ written notice prior to any excavation or exposure of Facilities. Olympic shall be responsible for any delays due to failure to locate its Facilities when requested, except that Olympic shall not be responsible for delays or damages due to circumstances beyond the control of the Olympic. 12.4. Provision of Plans by City. The City will further provide Olympic with copies of pertinent portions of the final plans and specifications for such Public Improvement, so that Olympic may make the required changes to or relocate its Facilities to accommodate such Public Improvement. Olympic will cooperate with the City, upon request, by assisting the City in locating and marking the Facilities during the design phase, including providing the horizontal and vertical location of Olympic’s Facilities within the Franchise Area related to the proposed Public Improvement by field markings or Facilities location markings on the City’s design drawings. 12.5. Consideration of Alternatives. Olympic may, after receipt of written notice requiring changes to or relocation of its Facilities under Section 12.2, submit to the City within ninety (90) days, written alternatives to such relocation. The City will evaluate such alternatives and advise Olympic in writing if one or more of the alternatives are suitable to accommodate the Public Improvement that would otherwise necessitate changes to or relocation of the Facilities. If so requested by the City, Olympic will submit additional information to assist the City in making such evaluation including actual field verification of the location(s) of Olympic’s underground Facilities within the Public Improvement area by excavating (e.g., pot holing) and 8.C.b Packet Pg. 58 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 22 Olympic Pipe Line Company LLC Franchise Agreement restoring the premises to the same condition, at no expense to the City. The City will give each alternative proposed by Olympic full and fair consideration but retains sole discretion to decide whether to utilize its original plan or an alternative proposed by Olympic. If it is determined and agreed upon by the City and Olympic that it is in the mutual best interest of both the City and Olympic to redesign a proposed Public Improvement rather than have Olympic relocate its Facilities, Olympic will be responsible for the reasonable incremental costs of redesigning the Public Improvement, including, but not limited to, the increased costs of design, construction or Right-of-Way acquisition to avoid relocation of Olympic’s Facilities. Any agreed upon alternative arrangements shall not unduly delay the Public Improvement. 12.6. Relocation Route. The City will work cooperatively with Olympic in determining a viable and practical route within which Olympic may relocate its Facilities, in order to minimize costs while meeting the City’s project timelines and objectives. The City’s requirements with regard to the required changes or relocation (i.e., depth of cover, distance from other utilities, etc.) must be reasonable and consistent with applicable federal and state requirements; however, nothing in this section will be construed as to limit the City’s police power, land use authority, franchise authority, or the City’s authority to regulate Olympic’s use of the Franchise Area. 12.7. Time for Completion. Olympic understands that the City desires all relocation work to be completed prior to requesting bids for the Public Improvement and that relocation of Olympic’s Facilities must be completed prior to the commencement of the Public Improvement to avoid delays in the project schedule and related cost increases. Upon receipt of the City’s reasonable notice and plans and specifications per Sections 12.2 and 12.4, Olympic will take all necessary, prudent and prompt measures to complete relocation of such Facilities at least 180 days prior to the scheduled commencement of the Public Improvement. The parties may mutually agree 8.C.b Packet Pg. 59 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 23 Olympic Pipe Line Company LLC Franchise Agreement in writing to such other time for completion of the relocation if the City has provided less than one (1) year’s notice or other unique circumstances exist as long as it is reasonably prior to the scheduled commencement of the Public Improvement. Olympic agrees that it will be responsible for any additional costs from delays to the Public Improvement to the extent such additional costs are caused by delays in Olympic’s completion of the relocation of its Facilities, unless such delays by Olympic are beyond its reasonable control. 12.8. Contractor Delay Claims. Provided Olympic has been provided reasonable and timely notice as provided in Section 12.2, Olympic shall be solely responsible for the out-of-pocket costs incurred by the City for delays in a Public Improvement to the extent the delay is caused by or arises out of Olympic's failure to comply with the final schedule for the relocation (other than as a result of a Force Majeure Event or causes or conditions caused by the acts or omissions of the City or any third party unrelated to Olympic; Olympic vendors and contractors shall not be considered unrelated third parties). Such out-of-pocket costs may include, but are not limited to, payment to the City's contractors and/or consultants for increased costs and associated court costs, interest, and reasonable attorneys' fees incurred by the City to the extent directly attributable to such Olympic’s caused delay in the Public Improvement. 12.9. Subsequent Relocation. If the City requires Olympic to relocate any portion of its Facilities that have already been relocated as required by the City under this section within five (5) years of the original relocation, the City will bear the entire cost of the subsequent relocation. However, this Section 12.9 requirement does not apply to relocations required by the City for emergencies or threats to public health, life, and safety. 12.10.Private Development. Olympic will not be required to relocate its Facilities at its expense for the benefit of private developers or third-party 8.C.b Packet Pg. 60 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 24 Olympic Pipe Line Company LLC Franchise Agreement projects. However, if the City reasonably determines and notifies Olympic that the primary purpose for requiring such changes to or relocation of Olympic’s Facilities by a third party is to cause or facilitate the construction of a Public Improvement, or other similar plan, then Olympic will change or otherwise relocate its Facilities in accordance with this Section 12 at Olympic’s sole cost, expense, and risk. 12.11.Indemnification. Olympic will indemnify, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19. 12.12.Survival. The provisions of this Section 12 shall survive the expiration or termination of this Franchise during such time as Olympic continues to have Facilities in the Rights-of-Way. SECTION 13. – Violations, Remedies, and Termination. 13.1. Reservation of Rights. Olympic shall comply with the terms of this Franchise at all times. 13.1.1 The City reserves the right to apply any of the following remedies, alone or in combination, if Olympic violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy will not prevent the exercise of another or any rights of the City at law or equity. 13.1.2 Either party’s failure to exercise a particular remedy at any time shall not waive the City’s right to terminate, assess penalties, or assert any equitable or legal remedy for any future breach or default by Olympic. 8.C.b Packet Pg. 61 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 25 Olympic Pipe Line Company LLC Franchise Agreement 13.2. Termination. The City may terminate this Franchise if Olympic materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms of this Franchise, and fails to cure or make reasonable effort to cure such breach within thirty (30) days of receipt of written notice thereof, or, if not reasonably curable within thirty (30) days, within such other reasonable period of time as the parties may agree upon. 13.3. Dispute Resolution. Either party may invoke the Dispute Resolution clause contained in Section 14 of this Franchise as it deems necessary with regard to termination. 13.4. Olympic’s Liability and Obligation. 13.4.1 If Olympic’s right to Operate its Facilities within the Franchise Area is ultimately terminated, Olympic will comply with the terms of this Franchise regarding removal or abandonment of the Facilities and restoration of the premises, and with all directives of applicable federal, state, or local agencies with jurisdiction. 13.4.2 Termination of this Franchise shall not release Olympic from any liability or obligation with respect to any matter occurring prior to such termination. 13.5. Injunctive Relief. The parties acknowledge that the covenants set forth in this Franchise are essential and that they may not have an adequate remedy at law if the other party violates a covenant. Therefore, in addition to any other rights they may have, the parties shall have the right to obtain in any court of competent jurisdiction, injunctive relief to restrain any breach or threatened breach, or to specifically enforce any of the Franchise covenants should the other party fail to perform them. 8.C.b Packet Pg. 62 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 26 Olympic Pipe Line Company LLC Franchise Agreement SECTION 14. – Dispute Resolution. 14.1. Meeting of Representatives. In the event of a dispute between the City and Olympic arising by reason of this Franchise, the dispute will first be referred to the representatives designated by the City and Olympic to have oversight over the administration of this Franchise. The representatives will meet within thirty (30) days of either party’s request for a meeting, and the parties will make a good faith effort to attempt to achieve a resolution of the dispute. 14.2. Mediation. If the parties are unable to resolve the dispute under the procedure set forth in Section 14.1, then the parties agree that the matter will be referred to mediation. The parties will endeavor to select a mediator acceptable to both sides. If the parties cannot reach agreement, then each party will secure the services of a mediator at its own expense, who will in turn work together to mutually agree upon a third mediator to assist the parties in resolving their differences, whose expense will be shared equally by the parties. Any other reasonable expenses incidental to mediation will be borne equally by the parties. 14.3. Judicial Remedies. If either party is dissatisfied with the outcome of the mediation, that party may then pursue any available judicial remedies. Each party will be responsible for its own costs and attorneys’ fees. 14.4. Operation During Dispute Resolution. Subject to Laws, Olympic will be permitted to continuously Operate its Facilities during dispute resolution. SECTION 15. – Indemnification. 15.1. General Indemnification. Except for environmental matters, which are covered by a separate indemnification in Section 15.2, Olympic will 8.C.b Packet Pg. 63 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 27 Olympic Pipe Line Company LLC Franchise Agreement indemnify, defend and hold harmless the City, its agents, officers or employees from any and all liability, loss, damage, cost, expense, and any claim whatsoever, including reasonable attorneys’ and experts’ fees incurred by the City in defense thereof, whether at law or in equity, arising out of or related to, directly or indirectly, the construction, operation, use, location, testing, repair, maintenance, removal, abandonment or damage to Olympic’s Facilities, or from the existence of Olympic’s pipeline and other appurtenant facilities, and of the products contained in, transferred through, released or escaped from said pipeline and appurtenant facilities, from any and all causes whatsoever, except the City’s sole negligence and except to the extent it is caused by the City’s non-compliance with Section 10.2, (One- number locator service requirements). If any action or proceeding is brought against the City by reason of the pipeline or its appurtenant facilities, Olympic will defend the City at Olympic’s complete expense, provided that, for uninsured actions or proceedings, defense attorneys will be approved by the City, which approval will not be unreasonably withheld. The City agrees to fully cooperate with Olympic in providing access to witnesses, documents, and information related to the City’s defense. 15.2. Environmental Indemnification. Olympic will indemnify, defend and hold harmless the City, its agents, officers or employees, from and against any and all liability, loss, damage, expense, actions and claims either at law or in equity, including, but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by the City in defense thereof, arising from (a) Olympic’s violation of any Environmental or Hazardous Substance laws applicable to the Facilities; or (b) from any release of a Hazardous Substance on or from the Facilities expect to the extent it is caused by City’s noncompliance with Section 10.2 (One-number locator service requirements). This indemnity includes, but is not limited to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous Substances; (b) damages to natural resources caused by Hazardous 8.C.b Packet Pg. 64 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 28 Olympic Pipe Line Company LLC Franchise Agreement Substances, including the reasonable costs of assessing such damages; (c) liability for any other person’s costs of responding to Hazardous Substances; and (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any Environmental or Hazardous Substance laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. 15.3. Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly notify Olympic of such claim or action and tender the defense of the claim or action to Olympic, which defense shall be at Olympic’s expense. The City’s failure to so notify and request indemnification shall not relieve Olympic of any liability that Olympic might have, except to the extent that such failure prejudice Olympic’s ability to defend such claim or suit. The City may participate in the defense of a claim, but if Olympic provides a defense at Olympic’s expense then Olympic shall not be liable for any attorneys’ fees, expenses, or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described in Section 15.5 is required. In that event, the provisions of Section 15.5 shall govern Olympic’s responsibility for City’s attorney’s fees, expenses, or other costs. Olympic may not agree to any settlement of claims affecting the City without the City's consent, such consent not to be unreasonable withheld or delayed. 15.4. Avoidance. Inspection or acceptance by the City of any work performed by Olympic at the time of completion of Construction shall not be grounds for avoidance by Olympic of any of its obligations under this Section 15. The fact that Olympic carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Olympic's duty of defense and indemnification under this subsection. 8.C.b Packet Pg. 65 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 29 Olympic Pipe Line Company LLC Franchise Agreement 15.5. Expenses. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest between the City and the counsel selected by Olympic to represent the City, Olympic shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit, or proceeding subject to indemnification by Olympic. Provided, however, if such separate representation is or becomes necessary, and the City desires to hire counsel or any other outside experts or consultants and desires Olympic to pay those expenses, then the City shall be required to obtain Olympic’s consent to the engagement of such counsel, experts, or consultants, such consent not to be unreasonably withheld. The City's expenses shall include all reasonable out-of-pocket costs and expenses, such as consultants' fees and court costs, but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Olympic, except in the event of a conflict of interest where such duplication may be required. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any claim or action. 15.6. RCW 4.24.115. The parties acknowledge that this Franchise is subject to RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Olympic and the City, its officers, officials, employees, and volunteers, Olympic’s liability shall be only to the extent of Olympic’s negligence. It is further specifically and expressly understood that the indemnification provided constitutes Olympic’s waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 8.C.b Packet Pg. 66 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 30 Olympic Pipe Line Company LLC Franchise Agreement 15.7. Survival. The provisions of this Section 15 shall survive the expiration, revocation, or termination of this Franchise. SECTION 16. – Insurance. 16.1. Insurance Requirements. Olympic will procure and maintain for the duration of the Franchise, insurance; or upon City’s written approval based on satisfactory evidence of financial capacity and stability, Olympic may provide self-insurance, against all claims for injuries to persons or damages to property, which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Olympic, its agents, representatives or employees. Olympic will provide an insurance certificate, together with an endorsement naming the City, its officers, elected officials, agents, employees, representatives, engineers, consultants and volunteers as additional insureds, excluding Workers’ Compensation and Employer’s Liability, and to the extent of Olympic’s obligations hereunder, to the City upon Olympic’s execution of this Franchise, and such insurance certificate will evidence the following minimum coverages. Olympic may use a combination of primary and excess coverage to achieve the required limits: A. Commercial general liability insurance including coverage for premises – operations, contractual liability, explosions and collapse hazard, underground hazard and products completed hazard, with limits not less than $100,000,000 per occurrence and in the aggregate for bodily injury or death to each person; and in the aggregate for property damage resulting from any one accident; and in the aggregate for general liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000 for each person and $2,000,000 for each accident. 8.C.b Packet Pg. 67 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 31 Olympic Pipe Line Company LLC Franchise Agreement C. If applicable, Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $2,000,000. D. Environmental pollution liability with a limit not less than $50,000,000 for each occurrence, covering liability from sudden or accidental occurrences to the extent such coverage is reasonably available in the marketplace, and if not, a substantially equivalent coverage for similar occurrences. E. Any and all above policy limits may be met through a combination of primary, excess, or umbrella coverage at Olympic’s option. 16.2. Deductibles. Any deductibles or self-insured retention will be the sole responsibility of Olympic. The insurance certificate required by this Section 16 will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability. 16.3. Primary Insurance. To the extent of Olympic’s obligations in this Franchise, Olympic’s insurance will be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers will be in excess of Olympic’s insurance and will not contribute with it. 16.4. Cancellation Requirements. In addition to the coverage requirements set forth in this Section, the certificate of insurance will provide that: “The above described policies will not be canceled before the expiration date thereof, without Olympic giving thirty (30) days written notice to the certificate holder.” 8.C.b Packet Pg. 68 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 32 Olympic Pipe Line Company LLC Franchise Agreement 16.5. Certificates of Insurance. Olympic will furnish the City with certificates of insurance and original endorsements evidencing the coverage required by this Section upon acceptance of this Franchise. The certificates and endorsements will be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. 16.6. Continuation of Coverage. If coverage is purchased on a “claims made” basis, then Olympic will warrant continuation of coverage, either through policy renewals or the purchase of an extended discovery period, for not less than three (3) years from the date of termination of this Franchise or conversion from a “claims made” coverage form to an “occurrence” coverage form. 16.7. Survival. The indemnity and insurance provisions within Sections 15 and 16 will survive the termination of this Franchise and will continue for as long as Olympic’s Facilities will remain in or on the Franchise Area or until the parties execute a new Franchise agreement that modifies or terminates these indemnity or insurance provisions. SECTION 17. – Annual Franchise Fee. 17.1. Franchise Fee. The current Franchise fee shall be $28,000 per annum for use of the Franchise Area. The Franchise fee for 2021-2022 is $28,420.00 ($28,000.00 multiplied by 1 ½%), which is intended to cover the City’s reasonable costs related to the general administration of the Franchise and its terms and conditions. 17.2. Annual Increase. Beginning with year two of the Franchise term and each year thereafter, the annual fee shall be increased by the most recently 8.C.b Packet Pg. 69 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 33 Olympic Pipe Line Company LLC Franchise Agreement published Consumer Price Index All Urban Consumers (CPI-U) for the Seattle-Tacoma-Bremerton Area, or at a rate of one and one-half percent (1 ½%), whichever is greater. Each increase will become effective on the anniversary date of this Franchise each year. 17.3. Payment Due. Each annual payment will cover the next twelve (12) month period and will be paid not later than the anniversary of the Effective Date of this Franchise. Interest will accrue on any late payment at the rate of twelve percent (12%) per annum. Such interest will be in addition to any applicable penalties for late payment. Any partial payment will first be applied to any penalties, then interest, then to principal. 17.4. Additional Administrative Costs. The Franchise fee set forth in Section 17.1 does not include, and Olympic agrees that it is separately responsible for, other reasonable costs or charges customarily charged by the City to other businesses or persons, such as customary permitting fees. The annual Franchise fee does not include any generally applicable taxes that the City may legally levy. Olympic shall pay the Franchise renewal application review fee, pursuant to Kent City Code Section 6.15.070, as it exists, and as amended, Olympic will also bear the cost of publication of this Ordinance. SECTION 18. – Olympic Accepts Franchise Area “As Is”. Olympic accepts the Franchise Area in an “as is” condition. Olympic agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of the location of Olympic’s Facilities or the Facilities themselves or possible hazards or dangers arising from other uses or users of the Franchise Area including, the City, the general public or other utilities. As between the City and Olympic, Olympic will remain solely and separately liable for the 8.C.b Packet Pg. 70 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 34 Olympic Pipe Line Company LLC Franchise Agreement function, inspection, testing, Maintenance, replacement or repair of the Facilities or other activities permitted under this Franchise. SECTION 19. – Information Sharing. 19.1. Information Request. Upon request Olympic shall make available for inspection, at no cost to the City, any information reasonably requested by the City to coordinate its function with Olympic’s activities and fulfill any municipal functions under state law. The required information may include, but is not limited to, any installation inventory, maps, plans, a pipeline map depicting the location of Olympic’s pipeline, and as-built drawings of Olympic’s Facilities within the City. Unless otherwise specified by the City, Olympic may satisfy this requirement by making available to the City GIS data (including GPS coordinates) depicting the location of the Facilities within the Franchise Area. Upon request, Olympic shall make available for review at its offices its Damage Prevention Program and Procedures. Olympic shall warrant the accuracy of all information provided to the City. To the extent permitted by applicable law, and as otherwise provided herein, the City will keep the pipeline map and GIS data confidential and protected from public disclosure. 19.2. Field Verification. It is understood and agreed by the parties that the precise location and depth of Olympic’s pipeline shall be field verified if exact alignment is required for a construction project in the vicinity of the pipeline by using the One-number location system. It is further understood that the pipeline map and GIS data, while reasonable guides to the location of the line, are no substitute for direct contact with an appropriate employee or representative of Olympic whenever construction is contemplated or planned. 8.C.b Packet Pg. 71 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 35 Olympic Pipe Line Company LLC Franchise Agreement 19.3. City’s Development Plans. The City’s long-range construction or development plans are available for review on the City’s website: www.kentwa.gov. The City shall make available upon request copies of long- range plans to Olympic in a physical media format. Construction plans for projects which may affect the pipeline may be submitted for review and comment to Olympic when applicable. 19.4. Inspection Results. Olympic agrees with applicable criteria relating to pipeline integrity management developed by relevant state or federal regulatory authorities. Upon request, Olympic shall make available for review at its offices a summary of necessary repairs identified as a result of any in-line inspection of pipeline segments within the Franchise Area along with the indicated mitigation efforts and completion date of any such mitigation. SECTION 20. – Notice. 20.1. Notice and Contact Information. Any notice or information required or permitted to be given to the parties under this Franchise shall be sent to the following addresses unless otherwise specified, by personal delivery, overnight mail by a nationally recognized courier, or by U.S. certified mail, return receipt requested and shall be effective upon receipt or refusal of delivery: City: City of Kent 220 4th Avenue South Kent, WA 98032 Office of Emergency Management With copy to: City Attorney City of Kent Law Department 220 4th Avenue S. Kent, WA 98032 8.C.b Packet Pg. 72 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 36 Olympic Pipe Line Company LLC Franchise Agreement Olympic: Olympic Pipe Line Company LLC Attn: President & ROW Agent 2319 Lind Avenue SW Renton, WA 98057 With copy to: Doug Berry Miller Nash Graham & Dunn LLP Pier 70, 2801 Alaskan Way, Suite 300 Seattle, WA 98121 20.2. Representative Designated. To ensure effective cooperation, Olympic and the City will each designate a representative responsible for day-to-day communications between the parties. SECTION 21. – Miscellaneous. 21.1. Olympic’s Acceptance. The City may void this Franchise Ordinance if Olympic fails to file its unconditional written acceptance of this Franchise within thirty (30) days from the final passage of same by the City Council. Olympic will file its unconditional written acceptance with the City Clerk of the City of Kent. 21.2. No Duty by City. This Franchise creates no duty by the City or any of its officials, employees or agents and no liability will arise from any action or failure to act by the City or any of its officials, employees or agents in the exercise of powers reserved herein. This Franchise is not intended to acknowledge, create, imply, or expand any duty or liability of the City with respect to any function in the exercise of its police power or for any other purposes. Any duty that may be deemed to be created in the City by this Franchise shall only be a duty to the general public and not to any specific party, group or entity. 8.C.b Packet Pg. 73 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 37 Olympic Pipe Line Company LLC Franchise Agreement 21.3. Acknowledgement. Olympic acknowledges that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all reasonable risks of the meaning of the Franchise’s provisions, terms, and conditions and believes that the Franchise is compliant with applicable Laws. If in the future Olympic becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, Olympic will promptly advise the City of the potential invalidity or illegality, and the parties will meet within thirty (30) days and endeavor jointly to cure the invalidity or illegality. 21.4. Severability. If a court or agency of competent jurisdiction declares a material provision of this Franchise to be invalid, illegal or unenforceable, the parties will negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise of the particular provisions(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise so as to recapture the original intent of the particular provision(s). All other provisions of the Franchise will remain in effect at all times during which negotiations or a judicial action remains pending. 21.5. Time of the Essence. Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. 21.6. Force Majeure. If Olympic is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the 8.C.b Packet Pg. 74 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 38 Olympic Pipe Line Company LLC Franchise Agreement reasonable control of Olympic, then Olympic’s performance will be excused during the Force Majeure occurrence, except that it will make best efforts to perform all its obligations under Section 11 at all times. Upon removal or termination of the Force Majeure occurrence Olympic will promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to the City. Olympic will not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees. The parties represent to each other that at the time of signing this Franchise, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. 21.7. Section Headings. The section headings in this Franchise are for convenience only, and do not purport to and will not be deemed to define, limit, or extend the scope or intent of the section to which they pertain. 21.8. Third Parties. The parties do not create any obligation or liability, or promise any performance to, any third party, nor have the parties created any third party right to enforce this Franchise beyond what is provided for by Laws. Third parties are any party other than the City and Olympic. This Franchise shall not release or discharge any obligation or liability of any third party to either party. 21.9. Successors and Assigns. This Franchise and all of the terms and provisions will be binding upon and inure to the benefit of the respective successors and assignees of the parties. 8.C.b Packet Pg. 75 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 39 Olympic Pipe Line Company LLC Franchise Agreement 21.10.Authority to Sign. The City and Olympic respectively represent that their respective signatories are duly authorized and have full right, power, and authority to execute this Franchise on such party’s behalf. 21.11.Modification of Terms and Conditions. Notwithstanding any provisions of this Franchise to the contrary, the parties reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement and approval of the City Council of such alteration, amendment, or modification. 21.12.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Franchise or any of its terms shall be in the United States District Court for the Western District of Washington or in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent, Washington. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.C.b Packet Pg. 76 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 40 Olympic Pipe Line Company LLC Franchise Agreement UNCONDITIONAL ACCEPTANCE BY OLYMPIC PIPE LINE COMPANY OF ORDINANCE NO. _________ OF THE CITY OF KENT, WASHINGTON The undersigned official of Olympic Pipe Line Company LLC, hereby accepts Ordinance No. ________, which was passed by the City Council of the City of Kent, Washington on ______________ and is entitled: AN ORDINANCE of the City Council of the City of Kent, Washington, granting Olympic Pipe Line Company LLC, a Delaware limited liability company, a nonexclusive franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products within and through the franchise area of the City of Kent. IN TESTIMONY WHEREOF said Olympic Pipe Line Company LLC, has caused this written Acceptance to be executed in its name by its undersigned authorized signer, duly authorized on this ___ day of _______, 2021. OLYMPIC PIPE LINE COMPANY LLC By: Print Name: Title: 8.C.b Packet Pg. 77 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) 41 Olympic Pipe Line Company LLC Franchise Agreement STATE OF WASHINGTON ) ) ss. County of King ) I certify that I know or have satisfactory evidence that _______________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the _____________________of Olympic Pipe Line Company LLC to be free and voluntary acts of such party for the uses and purposes mentioned in the instrument. Dated this ______ day of __________, 2021. Notary Public in and for the State of Washington residing at My commission expires Received on behalf of the City this _____ day of ____________, 2021. By: Name: Kimberley A. Komoto Title: City Clerk 8.C.b Packet Pg. 78 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2773 : Franchise Ordinance with Olympic Pipeline Company - Adopt) DATE: July 20, 2021 TO: Kent City Council SUBJECT: Ordinance Repealing Chapter 8.02 KCC - "Single-Use Plastic and Carryout Bags" - Adopt MOTION: I move to adopt Ordinance No. 4408, repealing chapter 8.02 KCC entitled “Single-Use Plastic and Carryout Bags” which is now preempted by chapter 70A.530 RCW. SUMMARY: On August 20, 2019, the Kent City Council passed Ordinance 4331. Ordinance 4331, codified at chapter 8.02 KCC, established a ban on the use of single-use plastic bags by retail establishments. Kent’s ordinance prohibits retailers from providing single-use plastic bags to customers, prohibits the use of paper or recyclable bags unless constructed with a specified amount of recyclable content, requires the collection of an eight-cent charge for the use of recyclable content bags, and exempts from the charge those who use public assistance vouchers from payment. A violation of the ordinance is a Class 1 civil infraction, carrying a maximum $250 fine. The ordinance was to be effective beginning March 1, 2020; however, enforcement of the ordinance was suspended during the COVID-19 crisis. In 2020, the Washington Legislature passed chapter 70A.530 RCW, which establishes a statewide ban on single-use plastic bags. Like Kent’s ordinance, the state law establishes an eight-cent charge for the use of recyclable content bags. That charge increases to twelve cents in 2026. Chapter 70A.530 RCW exempts those who use public assistance vouchers from payment of the charge. Like Kent’s ordinance, a violation of the state law is a Class 1 civil infraction, carrying a maximum $250 fine. The statute was to be effective beginning January 1, 2021; however, enforcement of the statute was suspended during the COVID-19 crisis. It will be enforced once the COVID emergency is lifted by the Governor. Importantly, the statewide ban on single-use plastic bags in chapter 70A.530 RCW preempts Kent’s local ordinance. Accordingly, chapter 8.02 KCC is being repealed. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: 8.D Packet Pg. 79 Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Plastic Bag Ban Repealer (PDF) 07/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/20/2021 7:00 PM 8.D Packet Pg. 80 1 Repeal KCC 8.02- Re: Single-Use Plastic and Carryout Bags ORDINANCE NO. 4408 AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Chapter 8.02 of the Kent City Code entitled, “Single-Use Plastic and Carryout Bags.” RECITALS A. On August 20, 2019, the Kent City Council passed Ordinance 4331. Ordinance 4331, codified at chapter 8.02 KCC, established a ban on the use of single-use plastic bags by retail establishments. B. Kent’s ordinance prohibits retailers from providing single-use plastic bags to customers, prohibits the use of paper or recyclable bags unless constructed with a specified amount of recyclable content, requires the collection of an eight-cent charge for the use of recyclable content bags, and exempts from the charge those who use public assistance vouchers from payment. A violation of the ordinance is a Class 1 civil infraction, carrying a maximum $250 fine. C. The ordinance was to be effective beginning March 1, 2020; however, enforcement of the ordinance was suspended during the COVID-19 crisis. D. In 2020, the Washington Legislature passed chapter 70A.530 RCW, which establishes a statewide ban on single-use plastic bags. E. Like Kent’s ordinance, the state law establishes an eight-cent charge for the use of recyclable content bags. That charge increases to twelve cents in 2026. Chapter 70A.530 RCW exempts those who use public 8.D.a Packet Pg. 81 Attachment: Plastic Bag Ban Repealer (2769 : Ordinance Repealing Chapter 8.02 KCC - "Single-Use Plastic and Carryout Bags" - Adopt) 2 Repeal KCC 8.02- Re: Single-Use Plastic and Carryout Bags assistance vouchers from payment of the charge. Like Kent’s ordinance, a violation of the state law is a Class 1 civil infraction, carrying a maximum $250 fine. F. The statute was to be effective beginning January 1, 2021; however, enforcement of the statute was suspended during the COVID-19 crisis. It will be enforced once the COVID-19 emergency is lifted by the Governor. G. Importantly, the statewide ban on single-use plastic bags in chapter 70A.530 RCW preempts Kent’s local ordinance. Accordingly, chapter 8.02 KCC is being repealed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Chapter 8.02 Repealed. Chapter 8.02 of the Kent City Code, entitled “Single-Use Plastic and Carryout Bags” is hereby repealed in its entirety. SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. 8.D.a Packet Pg. 82 Attachment: Plastic Bag Ban Repealer (2769 : Ordinance Repealing Chapter 8.02 KCC - "Single-Use Plastic and Carryout Bags" - Adopt) 3 Repeal KCC 8.02- Re: Single-Use Plastic and Carryout Bags July 20, 2021 DANA RALPH, MAYOR Date Approved ATTEST: July 20, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted July 23, 2021 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.D.a Packet Pg. 83 Attachment: Plastic Bag Ban Repealer (2769 : Ordinance Repealing Chapter 8.02 KCC - "Single-Use Plastic and Carryout Bags" - Adopt) DATE: July 20, 2021 TO: Kent City Council SUBJECT: Resolution Ratifying Council Action Taken During COVID- 19-Related Suspension of Portions of OPMA - Adopt MOTION: I move to adopt Resolution No 2029, ratifying all actions taken by the city council during remote meetings scheduled and held in good faith compliance with the governor’s various emergency orders that suspended portions of Washington’s Open Public Meetings Act during the COVID-19 pandemic. SUMMARY: In early 2020, the World Health Organization first publicly recognized the appearance of a pneumonia-like virus in Wuhan, China. This virus would be referred to as COVID-19 and would soon cause a global health emergency. The first confirmed case relating to COVID-19 in the United States was announced by the state of Washington on January 21, 2020, and one of the first known COVID-19 deaths in the United States occurred in Washington on February 26, 2020. Until mid-March 2020, Washington had the highest number of confirmed COVID-19 cases and the highest number of cases per capita of any state in the country. Governor Jay Inslee issued a statewide stay-at-home emergency order on March 23, 2020. The stay at home order was originally planned to last two weeks; however, it lasted much longer. The following day, March 24, 2020, Governor Inslee issued Proclamation 20-28 which suspended the provisions of the Open Public Meetings Act requiring in-person meetings. A violation of the Proclamation carried the potential of criminal penalties. The Kent City Attorney’s Office reviewed and advised the City Council and staff regarding the appropriate implementation of Proclamation 20-28 and its progeny, and in response, the City’s council meetings, workshops, and meetings of the Committee of the Whole were converted to remote meetings. These meetings were held utilizing the Zoom meeting platform. The public was able to observe the meetings on Zoom, as well as Kent’s website, Kent’s television channel, Kent’s Facebook channel, and Kent’s YouTube channel. The public was permitted to actively participate in the council meetings by providing written statements, many of which were read during the council meeting by the City Clerk, and also by providing verbal statements and testimony to the councilmembers during the meeting by utilizing the Zoom meeting platform or by calling into the meeting by telephone. 8.E Packet Pg. 84 As of July 7, 2021, the Centers for Disease Control has reported 596,740 deaths caused by COVID-19 in the United States. 5,960 of those deaths occurred in Washington. However, Washington has been a leader in the number of individuals vaccinated, and as a result, government agencies have been provided authority to again hold in-person meetings. On June 30, 2021, Governor Inslee’s prohibition against in-person meetings was lifted, and meetings of the council are now available for in-person public attendance and remote attendance. In light of the unique nature of the emergency that Washington has endured, the proclamations the governor has issued, and the steps the City has taken with regard to meetings in order to comply with the governor’s orders, the City Attorney has advised that as a measure of insurance, the council should ratify all actions it took during the pandemic at times in which the various provisions of the Open Public Meetings Act were suspended and in-person public attendance at meetings was prohibited. ATTACHMENTS: 1. Ratification of Action Taken During Suspension of OPMA Due to COVID (PDF) 07/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/20/2021 7:00 PM 8.E Packet Pg. 85 1 Resolution Ratifying Council Action Taken During COVID-19 Pandemic RESOLUTION NO. 2029 A RESOLUTION of the City Council of the City of Kent, Washington, ratifying all actions it took during remote meetings scheduled and held in good faith compliance with the governor’s various emergency orders that suspended portions of Washington’s Open Public Meetings Act during the COVID-19 pandemic. RECITALS A. In early 2020, the World Health Organization first publicly recognized the appearance of a pneumonia-like virus in Wuhan, China. This virus would be referred to as COVID-19 and would soon cause a global health emergency. B. The first confirmed case relating to COVID-19 in the United States was announced by the state of Washington on January 21, 2020, and one of the first known COVID-19 deaths in the United States occurred in Washington on February 26, 2020. C. Until mid-March 2020, Washington had the highest number of confirmed COVID-19 cases and the highest number of cases per capita of any state in the country. D. Governor Jay Inslee issued a statewide stay-at-home 8.E.a Packet Pg. 86 Attachment: Ratification of Action Taken During Suspension of OPMA Due to COVID (2772 : Resolution Ratifying Council Action Taken During 2 Resolution Ratifying Council Action Taken During COVID-19 Pandemic emergency order on March 23, 2020. The stay at home order was originally planned to last two weeks; however, it lasted much longer. E. The following day, March 24, 2020, Governor Inslee issued Proclamation 20-28 which suspended the provisions of the Open Public Meetings Act requiring in-person meetings. A violation of the Proclamation carried the potential of criminal penalties. F. The Kent City Attorney’s Office reviewed and advised the City Council and staff regarding the appropriate implementation of Proclamation 20-28 and its progeny, and in response, the City’s council meetings, workshops, and meetings of the Committee of the Whole were converted to remote meetings. G. These meetings were held utilizing the Zoom meeting platform. The public was able to observe the meetings on Zoom, as well as Kent’s television channel, Kent’s Facebook channel, and Kent’s YouTube channel. The public was permitted to actively participate in the council meetings by providing written statements, many of which were read during the council meeting by the City Clerk, and also by providing verbal statements and testimony during the meeting by utilizing the Zoom meeting platform or by calling into the meeting by telephone. H. As of July 7, 2021, the Centers for Disease Control has reported 596,740 deaths caused by COVID-19 in the United States. 5,960 of those deaths occurred in Washington. However, Washington has been a leader in the number of individuals vaccinated, and as a result, government agencies have been provided authority to again hold in-person meetings. I. On June 30, 2021, Governor Inslee’s prohibition against in- person meetings was lifted, and meetings of the council are now available for in-person public attendance and remote attendance. 8.E.a Packet Pg. 87 Attachment: Ratification of Action Taken During Suspension of OPMA Due to COVID (2772 : Resolution Ratifying Council Action Taken During 3 Resolution Ratifying Council Action Taken During COVID-19 Pandemic J. In light of the unique nature of the emergency that Washington has endured, the proclamations the governor has issued, and the steps the City has taken with regard to meetings in order to comply with the governor’s orders, the City Attorney has advised that as a measure of insurance, the Council should ratify all actions it took during the pandemic at times in which the various provisions of the Open Public Meetings Act were suspended and in-person public attendance at meetings was prohibited. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Findings Incorporated. The above recitals are hereby incorporated by this reference as the findings of fact in support of Section 2 of this resolution. SECTION 2. – Ratification. Through the adoption of this resolution, the city council hereby ratifies all actions it took during remote meetings scheduled and held in good faith compliance with the governor’s various emergency orders that suspended portions of Washington’s Open Public Meetings Act and prohibited in-person attendance. SECTION 3. – Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and 8.E.a Packet Pg. 88 Attachment: Ratification of Action Taken During Suspension of OPMA Due to COVID (2772 : Resolution Ratifying Council Action Taken During 4 Resolution Ratifying Council Action Taken During COVID-19 Pandemic section/subsection numbering. SECTION 5. – Effective Date. This resolution shall take effect immediately upon passage. July 20, 2021 DANA RALPH, MAYOR Date Approved ATTEST: July 20, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.E.a Packet Pg. 89 Attachment: Ratification of Action Taken During Suspension of OPMA Due to COVID (2772 : Resolution Ratifying Council Action Taken During DATE: July 20, 2021 TO: Kent City Council SUBJECT: Fourth Avenue and Willis Street Landscape Bid - Award MOTION: I move to award the Fourth Avenue and Willis Street Landscape project to OMA Construction in the amount of $1,230,999.47 (including Washington State Sales Tax), and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Park Director. SUMMARY: This project will construct a multi-use trail, node areas and pathways on the north and south side of Willis Street (SR 516) and 4th Avenue South. The project also includes landscaping, irrigation, illumination, stormwater improvements and other park amenities. A public bidding process yielded a total of three bids, with the lowest responsible bidder being OMA Construction. The Engineer’s estimate for this project is $950,000 to $1.2 Million. BUDGET IMPACT: Expense impacts to the Willis Street and Fourth Avenue Landscape project. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. EXHIBIT Fourth & Willis Landscape (PDF) 10.A Packet Pg. 90 *All bids require review by City of Kent staff. Awarded contractor will be notified by Kent Parks-Planning & Development Division. PROJECT NAME: Willis Street and Fourth Avenue Landscape PROJECT #: PK21-01 ENGINEER’S ESTIMATE: $950,000 - $1.2 Million BID OPENING DATE: Thursday, 07/15/2021 BID OPENING TIME: 2:15 pm BID OPENING LOCATION: City Hall, Chambers ADDENDA ISSUED: 3 BIDDER NAME SCHEDULE A BID AMOUNT SCHEDULE B BID AMOUNT SCHEDULE A & B BID AMOUNT ADDENDA BID BOND OMA Construction $1,023,074.00 $95,000.00 $1,230,999.47 X X ACI, Inc. $1,165,365.00 $200,000.00 $1,503,266.87 X X Northwest Cascade Inc. $1,229,008.00 $172,000.00 $1,542,509.81 X X Base Bid Schedule A *Apparent Low Bidder: OMA Construction Alternate Schedule B *Apparent Low Bidder: OMA Construction Schedule A *Apparent Low Bidder: OMA Construction Schedule A and B *Apparent Low Bidder: OMA Construction Kimberley A. Komoto, Kent City Clerk 10.A.a Packet Pg. 91 Attachment: EXHIBIT Fourth & Willis Landscape (2776 : Fourth Avenue and Willis Street Landscape Bid -