HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 06/18/2018
Unless otherwise noted, the Public Committee meets at 4 p.m. on the first and third Monday of each
month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032.
For additional information, contact Cheryl Viseth via email at cviseth@KentWA.gov, or 253-856-5504.
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 at 7-1-1.
Public Works Committee Agenda
Councilmembers: Brenda FincherToni TroutnerDennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
June 18, 2018
4:00 p.m.
Item Description Action Speaker Page
1. Call to Order -- Chair --
2. Roll Call -- Chair --
3. Changes to the Agenda -- Chair --
4. June 4, 2018 Minutes - Approval YES None 03
5. Parking Ordinance – Recommend YES Rob Brown 07
6. Roundabout at Willis St & 4th Ave S-
Recommend
YES Kelly Peterson 25
7. Lease Agreement with NC Machinery for an
Excavator
YES Ron Green 29
8. Info Only/Residential Traffic Calming NO Dan Hansen 49
9. Info Only/Sound Transit Agreements NO Hayley Bonsteel
Kelly Peterson
51
10. Info Only/Asset Management System Update NO Melissa Janson
Levin Conway
53
11. Info Only/S 228th St Right-of-Way Update NO Tim LaPorte 05 NO Tim LaPorte 55
12. Info Only/Quiet Zone – Update NO Chad Bieren 57
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PUBLIC WORKS COMMITTEE June 4, 2018
Minutes City of Kent, WA
Pending Approval
Date: June 4, 2018
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee
member Higgins.
2. Roll Call: Dennis Higgins, Committee Chair and Committee members Brenda
Fincher and Toni Troutner were present.
Absent: N/A
3. Changes to the Agenda: None
4. Approval of Minutes, Dated May 21, 2018
Committee member Troutner MOVED to approve the Minutes of May 21,
2018. The motion was SECONDED by Committee member Fincher. The
motion PASSED 3-0.
5. Set Public Hearing Date for the Transportation Improvement Program
(TIP) - Recommend
Tony Donati, Assistant Solid Waste Coordinator noted that this grant funds
Residential Waste Reduction and Recycling Programs including the Spring and Fall
recycle events for collection of materials such as: appliances, scrap metal, electronic
equipment, mattresses, Styrofoam, bulky yard debris and concrete. Donati said that
the June recycling event reported 1,100 vehicles; 85 thousand pounds of scrap
metal and 300 mattresses.
Donati further noted that the Waste 2 Resources Local Solid Waste Financial
Assistance Agreement is a two year grant funded by the Washington State
Department of Ecology and pays 75% of the “total eligible cost” for recycling events,
which for Kent is $45,819.00. The remaining 25% ($15,273.00) must be paid by the
local agency, and will be matched by the King County Waste Reduction and
Recycling (WRR) Grant and the Local Hazardous Waste Management Program
(LHWMP) Grant.
Committee member Fincher MOVED to recommend Council authorize the
Mayor to sign a Waste 2 Resources Local Solid Waste Financial Assistance
Agreement with the Department of Ecology in the amount of $45,819.00,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. The motion was SECONDED by Committee member
Troutner. The motion PASSED 3-0.
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6. Puget Sound Gateway Memorandum of Understanding - Recommend
Kelly Peterson AICP, Transportation Manager noted that in 2015, the Washington
State Legislature passed the Connecting Washington transportation package. The
package included $1.8 billion for construction of the SR 509 Freeway through Kent
and SeaTac and the SR 167 Extension in Pierce County, as part of the Puget Sound
Gateway Program. The Puget Sound Gateway financing includes a directive from the
legislature requiring $130 million in local contributions to the SR 509 & SR 167
projects.
SR 167 SR 509 TOTAL
Port contributions $30 million $30 million $60 million
Federal INFRA grant $10 million $10 million $20 million
Local agency partner match $10 million $10 million $20 million
Other Grants (PSRC, FMSIB,
TIB)
$20 million $10 million $30 million
Total $70 million $60 million $130 million
If approved by Council, and as noted in the MOU, an inter-local agreement between
WSDOT and local agencies to formalize the agreed upon funding contributions will be
developed. A final draft of the MOU is attached.
Peterson noted that if the expectation of $130 Million in local contributions is not
fulfilled, local nexus projects such as the Veterans Drive Extension may not be
constructed. Kent has been provisionally awarded federal funding through PSRC
regional grants to help fund the Veterans Drive Extension.
The WA legislature has requested that a signed MOU be submitted by July 1, 2018.
Committee member Troutner MOVED to recommend Council authorize the
Mayor to sign the Puget Sound Gateway Program Local Funding and
Phasing Memorandum of Understanding, subject to terms and conditions
acceptable to the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Fincher. The motion PASSED 3-0.
7. Information Only/Parking Ordinance Update
Kelly Peterson AICP, Transportation Engineering Manager noted that on April 16,
2018, the Public Works Committee voted to recommend Council approve
amendments to the Kent Parking Ordinance Chapter 9.38. These amendments
included: establishing Residential Parking Zones in the Mill Creek Neighborhood,
limiting parking in the neighborhoods south of Kentridge High School, and
limiting parking to one side of the street in several neighborhoods to be
consistent with Kent Design Standards.
It was noted that two significant events have taken place since the Committee
moved the amendments. First after several years of requesting documentation, the
city just received from the King County Traffic Engineer files that include County
ordinances establishing the no parking zones in the three neighborhoods south of
Kentridge High School. Staff is working with the legal department to determine how
the County legislation would pass to the city as part of the Panther Lake annexation.
The second significant event Proposition A did not move forward, created difficulty
with the ability to move forward with new initiatives that require additional police
enforcement. Public Works and Police are determining the effect of these new
parking restrictions on Police enforcement.
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Mill Creek Neighborhood:
Sounder ridership has increased annually since service began in 2000, affecting
the availability of parking near the Kent Transit Center. Residents in the Mill
Creek neighborhood have contacted the City with concerns about train
commuters parking in their neighborhood. Staff met with the Mill Creek
Neighborhood Council to identify specific areas where Sounder commuters are
parking. Based on this feedback, staff developed proposed residential parking
zone boundaries for Council consideration. June 2018 status update – Continue
discussion with the Police Department to determine enforcement impacts.
Kentridge High School Neighborhood:
The Kent School District permits high school students to drive to school, although
on-site parking availability is limited. As a result, Kentridge students park in
residential areas to the south of SE 208th St. Residents have requested the City
implement parking restrictions through an ordinance to facilitate enforcement.
These residential areas were included in the Panther Lake Annexation area, and
currently include signed parking restrictions that were established by King County
prior to annexation into Kent, but are not enforceable since King County never
adopted an ordinance. Staff proposes to add these parking restrictions to the
city’s parking ordinance, allowing for enforcement. June 2018 status update –
Kent Public Works staff and the Law Department are working to identify the
application of King County legislation following the Panther Lake annexation.
Ceder Point, Lauren Springs and Shadowbrook Neighborhoods:
Residents of these neighborhoods have contacted the city about congested
residential streets. Kent Design and Construction Standards limit parking to one
side of the street unless the roadway width is at least 32-feet. This proposal
would revise the city code to create new parking restrictions in these
neighborhoods with narrow streets. These restrictions address concerns brought
to the attention of the city by neighborhood residents and the Fire Marshal. The
proposed changes would affect the Ceder Point, Laurel Springs and Shadowbrook
neighborhoods on the East Hill. June 2018 status update – These neighborhoods
are linked to the other two locations noted above through the pending council
action. These could be separated from the other two locations and proceed to
council for further consideration.
The Committee agreed to pause on the Mill Creek and Kentridge decisions until
more information is gathered, and move forward on the Ceder Point, Laurel
Springs and Shadowbrook ordinances at the next meeting. Staff will come back
to committee on June 18 with an updated ordinance.
8. Consultant Services Agreement for 2018 Visual Pavement Condition
Survey - Recommend
Joseph Araucto P.E., Utility Engineer noted that in addition to aiding staff in the
prioritization of projects, visual pavement rating aids in quantifying the condition
and needs of the roadway network. An updated pavement condition survey is also a
necessity when competing for regional grant funding opportunities, as it complies
with requirements of the Federal Highway Administration.
Committee member Fincher MOVED to recommend Council authorize the
Mayor to sign a Consultant Services Agreement with Visual Pavement
Rating Services, LLC in an amount not to exceed $64,710, for the purpose of
performing a visual pavement condition survey for all City streets, subject
to final terms and conditions acceptable to the City Attorney and Public
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Works Director. The motion was SECONDED by Committee member
Troutner. The motion PASSED 3-0.
9. Information Only – 2019-2023 B&O Overlay
Joe Araucto P.E., Utility Engineer presented the future work plan for the B&O
pavement preservation program.
10. Information Only/S 228th Street Right-of-Way Update
Tim LaPorte, Public Works Director, noted that staff is still working on acquiring
Pacific Power, which is the last property. Once acquired then we go through the right
of way certification process which is needed to get approval to advertise from
WSDOT.
11. Information Only/Quiet Zone Update
Chad Bieren P.E., Deputy Director / City Engineer noted that the Notice of Intent
(NOI) to establish a Quiet Zone on the Union Pacific and Burlington Northern Santa
Fe railroads will be submitted by the end of the month. Crossing Modification
Petitions will be submitted by mid-June. These two applications are critical to
establishing the Quiet Zone for each railroad. Staff are also applying for safety
grants to add fencing through downtown to reduce pedestrian crossings between
street intersections. These applications will also be submitted mid-month.
Other:
Perry Sobolik 735 3rd Ave S - asked about traffic and parking issues in the North
Park neighborhood and was wondering if a traffic count could be done to see just
how many trucks are coming through their neighborhood. Kelly Peterson noted that
we are not able to do classification counts; trucks vs. vehicles. Sobolik asked the
committee if they have given more thought to enforcing a no truck traffic ordinance
for this neighborhood.
Adjournment: At 5:14 p.m., Committee Chair Higgins declared the meeting
adjourned.
Cheryl Viseth,
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Daniel Hansen, P.E., Traffic Engineer III
THROUGH: Kelly Peterson, AICP, Transportation Engineering Manager
SUBJECT: Parking Ordinance Revisions - Recommend
SUMMARY: Residents in the neighborhoods listed above have contacted the city about
narrow residential streets. Kent Design and Construction Standards limit parking to one
side of the street unless the roadway width is at least 32-feet. This proposal would revise
the city code to create new parking restrictions in these neighborhoods. These
restrictions address concerns brought to the attention of the city by neighborhoods and
the Fire Marshal. The proposed changes would affect the Ceder Point, Laurel Springs and
Shadowbrook Ridge neighborhoods on the East Hill.
If approved by the Public Works Committee, neighborhoods would be notified of Council
consideration at the appropriate council meeting.
EXHIBITS: Draft Amendments to the Kent City Code Chapter 9.38
BUDGET IMPACT: The estimated cost to procure and install signs as proposed in the
above neighborhoods is estimated at $18,500.
Estimate break down by neighborhood:
Ceder Point: $4,500 for installation of approximately 9 signs.
Laurel Springs: $2,000 for installation of 4 signs.
Shadowbrook Ridge: $12,000 for installation of approximately 24 signs.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense
of belonging.
Motion: Move to recommend Council approve amendments to the Kent
Parking Ordinance Chapter 9.38, limiting parking to one side of the street in
the Laurel Springs, Ceder Point and Shadowbrook Ridge neighborhoods to be
consistent with adopted Kent Design and Construction Standards.
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1 Amend KCC 9.38.020 -
Re: No Parking Zones
ORDINANCE NO.
AN ORDINANCE of the city council of the
City of Kent, Washington, amending section
9.28.020, entitled “No parking zones,” to prohibit
parking in certain areas of the Laurel Springs,
Cedar Point, and Shadowbrook neighborhoods.
RECITALS
A. Section 9.38.020 of the Kent City Code sets forth areas within
the City of Kent where parking is prohibited.
B. Pursuant to the 2009 City of Kent Design and Construction
Standard, Standard Details 6-11 and 6-12, parking is limited to one side of
the street where street widths are less than 32 feet in residential areas.
Parking is permitted on one side of the street where widths are between
28 feet and 32 feet. In some areas that have been annexed into the City,
road widths are narrower than the 32-foot width at which parking is
permitted on both sides by Kent code. Parking on both sides of these
roads creates accessibility issues for residents and emergency vehicles.
C. Residents in the Ceder Point, Laurel Springs and
Shadowbrook Ridge neighborhoods have contacted the City of Kent to help
address parking issues within their respective neighborhoods. These
neighborhoods do not meet criteria in the Kent Design and Construction
Standards to have parking on both sides of the residential street.
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2 Amend KCC 9.38.020 -
Re: No Parking Zones
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.38.020 of the Kent City
Code, entitled “No parking zones” is amended as follows:
Sec. 9.38.020 No parking zones.
A. At such time as the traffic engineer shall place the appropriate sign
or signs, it shall be illegal to park any motor vehicle or other vehicle, as
those terms are defined in Chapter 46.04 RCW, at any time upon and on
either side of, unless otherwise indicated, the following roadways or
portions thereof:
1. 1st Avenue North: from the intersection of West James Street
to the north end of 1st Avenue North, east side only.
2. 1st Avenue North: from West James Street to West Smith
Street, east side only.
3. 2nd Avenue North: from West Smith Street to West Harrison
Street.
4. 2nd Avenue North: from South 228th Street to south end of
street.
5. 4th Avenue North and South: from SR 516/West Willis Street
to South 228th Street.
6. 5th Avenue North: from West James Street to north end of
5th Avenue North.
7. 6th Avenue North: from South 228th Street to south end of
street.
8. 6th Avenue South: from West Meeker Street to West Gowe
Street.
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3 Amend KCC 9.38.020 -
Re: No Parking Zones
9. 26th Avenue South: both sides from South 272nd Street to
500 feet north of South 272nd Street and on 26th Avenue South from
South 272nd Street to end of 26th Avenue South, east side only.
10. 27th Avenue South: from South 240th Street to end of 27th
Avenue South.
11. 27th Place South: from South 259th Place north to South
256th Street.
12. 28th Avenue South: from South 240th Street to end of 28th
Avenue South.
13. 30th Avenue South: from South 240th Street to Kent-Des
Moines Road (SR 516).
14. 36th Place South: from South 272nd Street to 35th Lane
South.
15. 42nd Avenue South: from Reith Road to South 260th Street.
16. 43rd Avenue South: the cul-de-sac north of 42nd Place S. and
the attached spur road to the north.
17. 54th Avenue South: from South 228th Street to South 226th
Street.
18. 58th Place South: from Russell Road to South 194th Street.
19. 58th Place South: from South 226th Street to south end of
58th Place South.
20. 62nd Avenue South: from South 190th Street to South 196th
Street.
21. 64th Avenue South: from south end of road to South 212th
Street.
22. 66th Avenue South: from South 196th Street to South 190th
Street.
23. 72nd/70th Avenue South: from South 228th Street to South
180th Street (43rd Avenue South).
24. 72nd Avenue South: from South 262nd Street to South 277th
Street.
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4 Amend KCC 9.38.020 -
Re: No Parking Zones
25. 74th Avenue South: from South 259th Street to West Willis
Street (SR 516).
26. 76th Avenue South: from South 228th Street to South 212th
Street.
27. 77th Avenue South: from South 212th Street to north end of
road.
28. 80th Avenue South: from South 180th Street (43rd Avenue
South) to South 196th Street, and 80th Avenue South from South 200th
Street to South 208th Street.
29. 80th Place South: from 80th Avenue South to 84th Avenue
South.
30. 81st Avenue South: from South 200th Street to South 196th
Street.
31. 83rd Avenue South: from South 228th Street to South 224th
Street.
32. 84th Avenue South/East Valley Highway/Central Avenue
North/Central Avenue South: from South 180th Street (43rd Avenue
South) to the Green River Bridge.
33. 88th Avenue South: from East James Street to South 218th
Street.
34. 94th Avenue South: from Canyon Drive to South 240th
Street.
35. 97th Place South: from Canyon Drive to 100th Avenue
Southeast.
36. 100th Avenue Southeast: from Southeast 248th Street to
Southeast 218th Street.
37. 101st Avenue Southeast: from Southeast 256th Street (SR
516) to Southeast 260th Street.
38. 102nd Avenue Southeast: from Southeast 240th Street to the
north end of 102nd Avenue Southeast.
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5 Amend KCC 9.38.020 -
Re: No Parking Zones
39. 104th Avenue Southeast (SR 515): from Southeast 272nd
Street to north city limits.
40. 108th Avenue Southeast: from Southeast 281st Street to
Kent-Kangley Road (SR 516).
41. 108th Avenue Southeast: from Southeast 244th Street to
Southeast 236th Place.
42. 109th Avenue Southeast: from Southeast 256th Street to
Southeast 248th Street.
43. 112th Avenue Southeast: from south end of 112th Avenue
Southeast to Southeast 232nd Street.
44. 114th Avenue Southeast: from Kent-Kangley Road to south
end of street.
45. 116th Avenue Southeast: from Southeast 227th Place to
Southeast 274th Way.
46. 116th Avenue Southeast: from Southeast 248th Street to
Southeast 256th Street, west side only.
47. 117th Avenue Southeast: from Southeast 244th Street to end
of street.
48. 118th Court Southeast: from Southeast 244th Street to end
of street.
49. 119th Court Southeast: from Southeast 244th Street to end
of street.
50. 119th Way/120th Place Southeast: from Southeast 244th
Street to Southeast 244th Street.
51. 120th Avenue Southeast: from the gate on Southeast 268th
Street to Southeast 270th Street, north and east sides only.
52. 124th Avenue Southeast: from Southeast 248th Street to
Southeast 282nd Street.
53. 128th Avenue Southeast: from Southeast 226th Place to
Southeast 227th Street, west side only.
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6 Amend KCC 9.38.020 -
Re: No Parking Zones
54. 128th Avenue Southeast/Southeast 227th Street: on the curve
from 128th Avenue Southeast to Southeast 227th Street, northeast side
only.
55. 128th Place Southeast: from Southeast 226th Place to
Southeast 227th Street, east side only.
56. 129th Place Southeast: from 70 feet north of Southeast 225th
Court to Southeast 225th Court, west side only.
57. 129th Place Southeast: from 120 feet south of Southeast 225th
Court to Southeast 226th Place, east side only.
58. 129th Place Southeast: from Southeast 226th Place to 185
feet north of end of road, west side only.
5359. 132nd Avenue Southeast: from Southeast 236th Street to
Southeast 288th Street.
60. 132nd Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
61. 133rd Place Southeast: from Southeast 226th Street to
Southeast 227th Street, west side only.
62. 134th Place Southeast: from Southeast 224th Place to
Southeast 225th Place, east side only.
63. 134th Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
64. 135th Avenue Southeast: from Southeast 252nd Street to
Southeast 253rd Place, west side only.
5465. 140th Avenue Southeast: from Southeast 256th Street to
Southeast 260th Street.
5566. 144th Avenue Southeast: from Kent-Kangley Road (SR 516)
to Southeast 288th Street.
5667. 148th Avenue Southeast: from Southeast 256th Street to
Southeast 240th Street.
6857. 148th Avenue Southeast/152nd Way Southeast: from north
city boat ramp to Kent-Kangley Road (SR 516).
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7 Amend KCC 9.38.020 -
Re: No Parking Zones
5869. 152nd Avenue Southeast/152nd Way Southeast: from Kent-
Kangley Road (SR 516) to SR 18.
5970. Alder Lane/South 262nd Street: from Central Avenue South
to 500 feet east of Central Avenue South.
6071. Cambridge Way: 200 feet south of South 262nd Street, west
side only.
6172. East Canyon Drive: from Hazel Avenue North to 101st Avenue
Southeast.
6273. East Gowe Street/West Gowe Street: from Railroad Avenue
South to 1st Avenue South.
6374. East Gowe Street: from Railroad Avenue South to Central
Avenue South, south side only, and from Central Avenue South to
Kennebeck Avenue South.
6475. East Harrison Street: from 140 feet west of 4th Avenue North
to 4th Avenue North, south side only.
6576. East Meeker Street/West Meeker Street: from Railroad
Avenue South to 1st Avenue South.
6677. East Pioneer Street: from 170 feet east of Central Avenue to
State Avenue, south side only, and from Central Avenue South to 200 feet
east of Central Avenue, north side only.
6778. East Pioneer Street: from Railroad Avenue North to Central
Avenue North.
6879. East Titus Street: from 3rd Avenue South to 4th Avenue
South, north side only; police vehicle parking only.
6980. East Titus Street: from West Gowe Street to Reiten Road
South, southeast side only.
7081. East Titus Street/West Titus Street: from Railroad Avenue
South to 1st Avenue South.
7182. East Titus Street: from East Smith Street to Reiten Road
South.
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8 Amend KCC 9.38.020 -
Re: No Parking Zones
7283. Frager Road South: from West Meeker Street to South 204th
Street.
7384. Interurban Trail Street: from Meeker Street to Smith Street.
7485. Kennebeck Avenue South: from East Smith Street to East
Ward Street.
7586. Lake Fenwick Road: from South Reith Road to South 272nd
Street.
7687. Lakeside Boulevard East: from South 240th Street to South
228th Street.
7788. Lakeside Boulevard West: from Lakeside Boulevard East to
South 228th Street.
7889. Landing Way: from 64th Avenue South to West Valley
Highway.
7990. Lincoln Avenue North: from West Meeker Street to West
James Street.
8091. Maple Street South: from Woodland Way South to Garfield
Avenue South, south side only.
8192. Military Road South/36th Avenue South/Military Road South:
from South 228th Street to South 272nd Street.
8293. Novak Lane: from Central Avenue to west end of street.
8394. Ramsay Way: from 4th Avenue North to 230 feet east of 4th
Avenue North.
8495. Ramsay Way: from 350 feet east of 4th Avenue North to 440
feet east of 4th Avenue North, south side only.
8596. Ramsay Way: from 350 feet east of 4th Avenue North to 480
feet east of 4th Avenue North, north side only.
8697. Ramsay Way: from 520 feet east of 4th Avenue North to 150
feet north of West Temperance Street.
8798. Ramsay Way: from West Temperance Street to West Smith
Street.
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9 Amend KCC 9.38.020 -
Re: No Parking Zones
8899. Riverview Boulevard: from South 216th Street to South
232nd Street.
89100. Russell Road South: from end of street at Green River
Trail to West James Street.
90101. Russell Road South: from South 228th Street to South
212th Street.
91102. South 188th Street: from West Valley Highway (SR
181) to 72nd Avenue South, and South 188th Street from a point 960 feet
west of 80th Avenue South westerly to the end of the street at the BNSF
Railway Company tracks.
92103. South 190th Street: from West Valley Highway to 72nd
Avenue South.
93104. South 192nd Street: from the west end of the road to
84th Avenue South.
94105. South 194th Street: from 58th Place South to 66th
Avenue South.
95106. South 194th Street: from 84th Avenue South to west
end of street at BNSF Railway Company tracks.
96107. South 196th Street/Russell Road/South 200th Street:
from 84th Avenue South to the Green River.
97108. South 200th Street: from 80th Avenue South to 84th
Avenue South.
98109. South 202nd Street: from 80th Avenue South to west
end of street at BNSF Railway Company tracks.
99110. South 204th Street: from West Valley Highway (SR
181) to 72nd Avenue South.
100111. South 206th Street: from 72nd Avenue South to 77th
Avenue South.
101112. South 208th Street: from 80th Avenue South to west
end of street at BNSF Railway Company tracks.
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10 Amend KCC 9.38.020 -
Re: No Parking Zones
102113. South 208th Street: from 84th Avenue South to 96th
Avenue South.
103114. South 212th Street: from west city limits to east city
limits.
104115. South 216th Street: from 64th Avenue South to 72nd
Avenue South.
105116. South 216th Street: from 84th Avenue South to the
west end at BNSF Railway Company tracks.
106117. South 218th Street: from 84th Avenue South to SR
167.
107118. South 220th Street: from West Valley Highway (SR
181) to 72nd Avenue South.
108119. South 222nd Street: from west end at BNSF Railway
Company tracks to SR 167.
109120. South 224th Street: from 83rd Avenue South to east
end of road.
110121. South 226th Street: from 54th Avenue South to 64th
Avenue South.
111122. South 228th Street: from Russell Road South to 83rd
Avenue South.
112123. South 231st Way: from Military Road South to Russell
Road South.
113124. South 234th Street: from West Valley Highway to east
end of street.
114125. South 236th Street: from Lakeside Boulevard East to
64th Avenue South.
115126. South 240th Street: from 27th Avenue South to I-5.
116127. South 252nd Street: from Canyon Drive (SR 516) to
east end of road.
117128. South 256th Street: from 27th Place South east to the
traffic control gate.
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11 Amend KCC 9.38.020 -
Re: No Parking Zones
118129. South 259th Street: from 74th Avenue South to east
city limits.
119130. South 260th Street/South 259th Place South/Reith
Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road
(SR 516).
120131. South 268th Street: from Military Road South to
Princeton Avenue South.
121132. South 272nd Street: from Lake Fenwick Road South to
42nd Avenue South, north side only.
122133. South 277th Street and Southeast 274th Way: from
700 feet east of L Street NE to 116th Avenue Southeast.
123134. South Central Place: from South 266th Street to the
end of South Central Place.
135. Southeast 211th Street: from 160 feet east of 127th Place
Southeast to end of street, north side only.
136. Southeast 224th Place: from 133rd Avenue Southeast to
134th Place Southeast, south side only.
137. Southeast 225th Court: from 60 feet south of end of road to
129th Place Southeast, southwest side only.
138. Southeast 225th Place: from 132nd Place Southeast to 133rd
Avenue Southeast, north side only.
139. Southeast 226th Place: from 130 feet east of 127th Avenue
Southeast to 128th Avenue Southeast, south side only.
140. Southeast 226th Place: from 128th Avenue Southeast to 129th
Place Southeast, north side only.
141. Southeast 227th Street: from 128th Avenue Southeast to 128th
Place Southeast, south side only.
142. Southeast 227th Street/128th Place Southeast: on the curve
from Southeast 227th Street to 128th Place Southeast, northwest side only.
143. Southeast 227th Street: from 132nd Place Southeast to 134th
Place Southeast, south side only.
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12 Amend KCC 9.38.020 -
Re: No Parking Zones
124144. Southeast 236th Street: from 104th Avenue Southeast
(SR 515) to 108th Avenue Southeast, south side only.
125145. Southeast 239th Street: from 102nd Avenue Southeast
to 104th Avenue Southeast.
126146. Southeast 244th Street: from 120th Avenue Southeast
to 116th Avenue Southeast.
127147. Southeast 248th Street: from 104th Avenue Southeast
to 116th Avenue Southeast, south side only.
128148. Southeast 248th Street: in front of George Daniels
Elementary School.
149. Southeast 252nd Street: from 200 feet west of 133rd Place
Southeast to 135th Avenue Southeast, north side only.
150. Southeast 253rd Place: from 90 feet west of 135th Avenue
Southeast to 136th Avenue East, south side only.
129151. Southeast 256th Street: from 101st Avenue Southeast
to 148th Avenue Southeast.
130152. Southeast 260th Street: from 100th Avenue
Southeast/97th Place South to 108th Avenue Southeast.
131153. Southeast 264th Street: from 124th Avenue Southeast
to 127th Avenue Southeast, north side only.
132154. Southeast 267th Street: from 102nd Avenue Southeast
to 104th Avenue Southeast, north side only.
133155. Southeast 282nd Street: from 132nd Avenue Southeast
to 144th Avenue Southeast.
134156. SR 99 (Pacific Highway South): from Kent-Des Moines
Road (SR 516) to South 272nd Street.
135157. West Cloudy Street: from 4th Avenue North to 5th
Avenue North.
136158. West Gowe Street: from 6th Avenue South to 300 feet
east of 6th Avenue South.
20
13 Amend KCC 9.38.020 -
Re: No Parking Zones
137159. West James Street/East James Street/South 240th
Street/Southeast 240th Street: from Russell Road to 148th Avenue
Southeast.
138160. West Meeker Street: from Kent-Des Moines Road (SR
516) to 6th Avenue South.
139161. West Saar Street: from west end of street to 4th
Avenue South, south side only.
140162. West Sam Street: from West Valley Highway (SR
181/Washington Avenue) to end of street.
141163. West Smith Street/East Smith Street: from 64th
Avenue South to Jason Avenue South.
142164. West Temperance Street: from Ramsay Way to 1st
Avenue North.
143165. West Valley Highway South/Washington Avenue
South/Washington Avenue North/68th Avenue South: from south city
limits to north city limits.
144166. West Willis Street/East Willis Street: from 4th Avenue
South to Central Avenue South.
145167. Woodland Way South: from East Maple Street to South
262nd Street.
146. Southeast 224th Place: from 133rd Avenue Southeast to
134th Place Southeast, south side only.
147. Southeast 225th Place: from 132nd Place Southeast to 133rd
Avenue Southeast, north side only.
148. Southeast 227th Street: from 132nd Place Southeast to 134th
Place Southeast, south side only.
149. 132nd Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
150. 133rd Place Southeast: from Southeast 226th Street to
Southeast 227th Street, west side only.
21
14 Amend KCC 9.38.020 -
Re: No Parking Zones
151. 134th Place Southeast: from Southeast 224th Place to
Southeast 225th Place, east side only.
152. 134th Place Southeast: from Southeast 227th Street to
Southeast 227th Place, east side only.
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of $50.00. Vehicles parked in
violation of this section are subject to impoundment as provided by law.
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. – 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 4. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
22
15 Amend KCC 9.38.020 -
Re: No Parking Zones
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
23
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24
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Kelly Peterson, AICP, Transportation Engineering Manager
THROUGH: Chad Bieren, P.E., Deputy Public Works Director
SUBJECT: Roundabout at Willis Street (SR516) and 4th Avenue South-Recommend
SUMMARY: Kent owns the Naden site between SR167 and the Interurban Trail. Access
to the Naden property is currently limited to Meeker Street to the north. Access to Willis
Street on the south is needed to make the property usable. The Washington State
Department of Transportation (WSDOT) owns the access rights to Willis Street from
Washington Avenue east to 4th Avenue South. The City of Kent has been working to
obtain an access break for the Naden property. WSDOT has granted preliminary
approval of a right in/right out access from the Naden site to Willis Street provided the
city pursue the installation of a roundabout at 4th Avenue and Willis Street.
Kent included the 4th Avenue and Willis Street Roundabout in the 2018-2023
Transportation Improvement Plan. The City also pursued funding options through the
state legislature in 2018. The Washington State 2018 Supplemental Transportation
Budget included $3 Million for the design and construction of a roundabout at 4th Avenue
and Willis Street.
EXHIBITS: Funding letter from WSDOT dated March 28, 2018.
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
Motion: Move to recommend Council authorize the Mayor to sign
documents necessary to accept $3 Million in funds from the Washington
State Department of Transportation for construction of a roundabout at
Willis Street (SR516) and 4th Ave. S., subject to terms and conditions
acceptable to the Public Works Director and the City Attorney.
25
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26
^-.w Itlarhlnglon $tate
Department of llansportation
Transportation Building
310 Maple Park Avenue S,E.
PO. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1 -800-833-6388
www. wsdot, wa. gov
CITY OF KENT
l\Piì û r 2üiü
Et'üßIl.l[[RII.JC DIPllRTll4El\lT
March 28,2018
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5838
lVillis St (SR 516) and 4rh Ave Roundabout
20f 8 Supplemental Transportation Budget
State Funding
Dear Mr.
WSDOT is pleased to advise you that the above mentioned project was selected to receive funding
through the 2018 Supplemental Transportation Budget. The state funding is limited as shown below:
Willis St (SR 516) and 4il'Ave Roundabout g3,000,000
Scope: Construction of a roundabout at the 4th Avenue and Willis Street intersection.
In order to meet state requirements, the following are required:. Project expenditures incurred before receiving notice from Local Programs of state fund
authorization are not eligible for reimbursement.¡ Please refer to the Local Progmms web page for detailed authorization information,
including: (http://www.wsdot.wa. govllocalproqrams/)
'/ Local Agency Guidelines (LAG) manual for detailed requirements;'/ 'l'ransporlation Improvement Program (TIP) and Statewide Transportation
lnrprovoment Program (STIP) amendments, as applicable;/ Funding and billing forms;
'/ Quarterly Project Report required to be completed by the end of March, June,
September and December each year. To access the database you will need an
account name and password. Your account name is Kcnt and your password is
Kent29l. The password is case sensitive.
As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure
timely reimbursement of eligible expenditures.
For assistance please contact Mehrdad Moini, your Region Local Programs Engineer, at
206.440,4734.
Sincerely,
Dírector
LocalPrograms
KBD:st:sascç: PSRC, Kelly McGourty, Transportation Dircctor
Mehrdad Moini, Northwest Region Looal Programs Engineer, MS NB82-l2l
+
27
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28
PUBLIC WORKS DEPARTMENT
Tim LaPorte, P.E., Director
Phone: 253-856-5454
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Ron Green, Fleet Manager
SUBJECT: Contract/Lease to Purchase with NC Machinery for Excavator - Recommend
SUMMARY: The Street Department concrete crew has been renting a Caterpillar 308 mini-
excavator that is necessary for its daily work. It would be financially beneficial for the City of
Kent to purchase a new unit using the Municipal Lease/Purchase program through Caterpillar,
and own the machine at the end of the 60 month lease agreement. We would discontinue the
current monthly rental expense of $4,252 and replace it with a $2,843 per month
lease/purchase agreement. The life cycle expectancy for the excavator would be 15 years.
The concrete crew uses the excavator to remove large concrete sidewalk panels, loads the
debris into dump trucks, excavates and prepares the site for new sidewalks and concrete slab
work. This is a critical unit in their operations and provides them with the best effective
method to complete their job tasks.
The Municipal Lease/Purchase program would save $1,409 per month with the benefit of
owning the machine at end of the lease agreement.
EXHIBITS: Lease to Purchase Agreement
BUDGET IMPACT: B&O Funding (Rental Budget)
STRATEGIC PLAN GOAL(S):
Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Move to recommend Council authorize the Mayor to sign a Lease to
Purchase Agreement with NC Machinery for a new Caterpillar 308E2 mini-
excavator in an amount not to exceed $174,000 over 5 years, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
29
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30
flE MN8Hil]TETY Purchaser's Order
DATE
Quote No.
May 15, 2018
146532
S PURCHASER
g STREET ADDRESS
L CITY/STATE
D POSTALCODE
1 CUSTOIMERCONTACTT
o truoustRYcooe,
LCOUNTY KTNG
220 4TH AVE S
WORK CODE
< SAME >
PRODUCT SUPPORT
qRo1, q81R PHONE NO.
EQUIP|\ilENT
H
I
P
s462200CUSTOI\4ER
NUM BER
Sales Tax Exemption # (if applicable)
N/A
CUSTOMER PO NUI\4BER
T
E
R
tvl
S OPTIONAL BUY-OUT
ale
csc
s0.00
FINANCIAL SERVICES
PAYIiIENT TER[/S]
PAYI\4ENT PERIOD
NET PAYMENT ON RECEIPT OF INVOICE
CASH WTH ORDER
lerms and
LEASE
- oActo Finance
LKE Assignment
PAYMENT AIVIOUNT
BALANCE TO FINANCE
NET ON DELIVERY
INTEREST RATE
NUIlI8ER OF PAYIUENTS
DESCRIPTION OF EQUIPMENT ORDERED / PURCHASED
IVIAKE; TBA MODEL:30882 YEAR: TBA
3OgE2 HEXMN CFG 2 COUNTERWEICHT, EXTRA PINS, BUCKBT
INCLUDES:TANK, FUEL LINES, CONNECTING
397-7005 308E2 HYDRAULIC EXCAVATOR LIGHTS, LED i HAIUIMER, HSoEs
39'I '] 065 LINES. STICK BLADE, 91'', BOLT-ON BRACKET, MHE gT 5OMM, XL
39?-7088 I.INES, BOOM SERIALIZED TECHNICAL MEDIA KIT LINES. CONNECTOR
397-']!3O CONTROI,, PATTERN CHANGER HYDRAULICS, AUX.,QC, (L STK)TOOL, MOIL HBOE
398-5354 ALARM, TRAVEL ROTATING BEACON
415-4380 ENGINE, EPA TIER 4 FTNAL, EU STAGE 38 GUARD, S',1IVEL
415-5033 BELT, SEAT, 76MM(3') RETRACTABLE BUCKET HD. 24' O.30 YD3
415 504o RADro, Alvr/FM THUMB,HYD + COUPLER,PG,HYD, 8T
342 -7602 INSTALLATION AR COUPLER, PG, HYDR.D.LOCK, BT
382-B'15'I DRAIN, ECOLOGY 308BKT48CO
BLUB STAR PROGRESSIVE THUMB
TRACK,45OMM TG W/RUBBER PAD
STICK PKG, I,ONG W/BKT LINKAGE
CVP4O COMPACTOR PLATE
PRODUCT LINK, CELLULAR, PL24O BRACKET, MHE BT 5OMM, XL
SELI, PRICE sr-57, 098.00
NET BAIJANCE DUE $1s7,098.00
BA],ANCE s1s7.098.00
[4ODEL:
PAYOUT TO:
[4ODELl
PAYOUT TO:
[4ODEL:
PAYOUT TO:
fuIODEL:
PAYOIJT TO:
ALL TRADES.INS ARE SUBJECT TO EQUIPI\4ENT BEING IN'AS INSPECTED CONDITION' 8Y VENDOR AT TIIVIE OF DELIVERY
OF REPLACEIVIENT fuIACHINE PURCHASE ABOVE.
YEAR:
YEAR:
YEAR:
BY:
BY:_
BY:_
I MUE4N EqUIPMEN I
_qN
_qN
_qN
_qN
PURCHASER HEREBY SELLS THE TRADE-IN EQUIPI\4ENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS IT TO BE
FREE AND CLEAR OFALL CLAII\4S, LIENS, I\4ORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN A8OVE.
NITIALE] cATERPILLAR EoUIPMENT WARRANTY
for taking oil samples at designaled
waffanly.
interuals
The customer acknowledges lhat
Scheduled oil sampling (S.O.S.) is wilh lhis waranly.
do so may resull in
mandatory
he has received a copy of the /Caterpillar
The customer is
from all power train components and failure lo voiding the warranty.
Warranty applicable including erperation date where necessary:
48 Month (Premier)
NITIAL
All used equipment is sold as is where is and no waranty is offered or implied except as
specilled herel
n usED EQUTPTMENT
WARRANTY
Warranty applicable:
csA:
NOTES:
ORDER RECEIVED BY PURCHASER
REPRESENTATIVE APPRoVED AND AccEPTED oN
CITY OF KENT
PURCHASER
BY
SIGNATURE
PRINT NAME AND TITLE
31
ADDITIONAL TERMS AND CONDITIONS
1. Terms of Payment: Purchaser agrees to pay the balance shown toggther with any applicable sales, use and similar taxes and governmental charges that are not
included within the balance and that are payable by reason of the sale of the Equipment.
All payments shall be made to such address as Seller from time to time provides to Purchaser. lf any amount of the Unpaid Balance is not paid when due, Purchaser
agrees to pay Seller a charge calculated thereon at the rate of 1.25o/o per month from the date when the delinquent amount was due, or, at Seller's option, a charge
equal to 5% of the delinquent amount, provided that the charge shall not exceed the amount the Purchaser can legally obligate itself to pay and Seller can legally
collect.
2. Additional Terms and Conditions : This Order is subject to ADDITIONAL TERMS and CONDITIONS including but not limited to DTSCLATMER AND RELEASE AND
EXCLUSION OF CONSEQUENTIAL AND OTHER DAIVAGES, all of which Purchaser has read and understands and agrees to. The terms and conditions on all pages of this Order,
acknowledges that all of such terms and conditions, including but not limited to such LIMITED WARRANTY AND DISCLAIMER and EXCLUSION OF CONSEQUENTIAL AND OTHER
DAMAGES, were freely negotiated and bargained for with Seller and that Purchaser has agreed to purchase the Equipment subject to these terms and conditions. SELLER'S
ACCEPTANCE OF THIS ORDER IS EXPRESSLY CONDITIONED ON PURCHASER'S ASSENT TO ALL OF SUCH TERIVIS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT
TERMS OF CONDITIONS WHICH MAY APPEAR IN ANY COMI\4UNICATION FROIVI PURCHASER, INCLUDING BUT NOT LIMITED TO ANY SEPARATE DOCUMENT SUBMITTED BY
PURCHASER IN CONNECTION WTH THE PURCHASE OF THE EQUIPMENT, ARE HEREBY OBJECTED TO AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS SPECIFICALLY
ACCEPTED IN WRITING BY SELLER'S SALES/BRANCH MANAGER AND APPROVED IN WRITING BY SELLER'S CREDIT DEPARTMENT,
3. LKE/RENTAL SALE: YES or NO: (circle one)
4. ADDITIONAL DOCUMENTS:lf any portion of the Unpaid Balance is to be paid following delivery of the Equipment. Purchaser agrees to execute and deliver to
Seller such security agreements, financing statements, and other documents as Seller may request from time to time in order to permit Seller to oblain and maintain a
perfected security interest in the Equipmeht on Terms and Conditions acceptable to Seller.
5. ACCEPTANCE; MODIFICATION: This Order shall be binding on Seller only when it has been both accepted in writing on behalf of Seller by Seller's Sales /
Branch Manager and if the Seller is extending credit to the Purchaser or arranging for credit for the Purchaser, approved in writing by Selleis Credit Department. No
modifications of the Terms and Conditions of this Order shall be effective or binding upon Seller unless it is in writing and executed by both Seller's Sales / Branch
Manger and by Seller's Credit Department. The Terms and Conditions of this Orde-r shall not be modified or otherwise affected by stdtements and actions of sales
people orothers unless and until there is such a written modification.
6. SECURITY INTEREST: ln order to secure the payment of the Unpaid Balance. Purchaser grants to Seller a purchase money security interest in the Equipment.
This security interest shall be superseded if Purchaser and Seller enter into a separate security agreement covering the Equipment.
7. DELIVERY, INSPECTION, and ACCEPTANCE: The Equipment is sold F.O.B., the F.O.B. location shown on (Page 1) of this Order. Any delivery or shipping dates
indicated on (Page 1) are estimated and approximate, and Seller shall not be liable for any delay in delivery, however occasioned. Seller may deliver the Equipment
in installments as the equipment becomes available. Title and risk of loss shall pass to Purchaser upon delivery. Delivery of the Equipment to Purchaser shall take
place when physical possession of the Equipment is given to Purchaser or to a carrier, or when the Seller receives directions from Purchaser to place the Equipment
in storage, whichever first occurs. The securing of the Equipment on board a carrier shall be deemed to occur subsequent to delivery. lf the Equipment is to be
shipped, Seller's authorized to execute in Purchaser's name and carrier's standard bill of lading for the Equipment. Without being requiied to do so, Seller may, on
behalf of Purchaser, advance the cost of shipping and/or insurance for the Equipment. To the extent not separately included in calculating the Unpaid Balance,
Purchaser agrees to immediately reimburse Seller on demand for such cost. Purchaser agrees to inspect each item of Equipment, at it's sble expense, promptly
following receipt and will be deemed to have accepted the item unless it notifies Sellerwithin (10) days following receipt, of any claimed discrepancy between the
item as described on (Page 1) and the item as received by Purchaser. Any claim for shortages, delays, or damages occuiring after Seller has delivered the
Equipment to a carrier shall be made directly to the carrier, and Seller shall have no liability with respect thereto.
8. PERFORMANCE EXCUSED: Seller shall not be liable for Seller's inability to perform any or all of it's obligations hereunder due to causes beyond Seller's control,
including but not limited to acts of God, acts of omissions of Purchaser, acts of civil or military authoritieS, fire, weather, strikes or other labor disturbances, civil
commotion, war, delays in transportation, late delivery by Selleas suppliers, fuel or other energy shortages, or the inability to obtain necessary labor, materials,
supplies, equipment, or manufacturing facilities. lf any such cause results in a delay in performance by Seller, the dates of the performance shall be extended for a
period equal to the time lost by reason of the delay, and such extension shall be purchaser's exclusive remedy.
9. NEW and USED EQUIPMENT: The term "New Equipment" means any items of Equipment that are registered or registerable as new equipment for the purposes
of the warranty provided by the manufacturer thereof. All other items of Equipment are "Used Equipmenl". Seller does not represent or warrant that items of New
Equipmenl are unused or newly manufactured or that they are the most current models available from the manufacturer thereof.
l0.LlM|TED WARRANTY and DISCLAIMER: Each item of New Equipment is entitled to the benefits of such warranties as are made in writing by the manufacturer
thereof, as set forth on the manufacturer's warranty form in effect at the time this order is accepted by Seller. lf it is expressly noted on (Page 1) of this Order that
there is a separate warranty of Seller that applies to one or more specifled item or items of New or Used Equipment, such item or items are entitled to the benefits of
such warranty as set forth on Seller's warranty form for such warranty in effect at the time this Order is accepted by Seller, subject to any disclaimers of warranties
and limitations of remedies set forth in such form, as well as to the disclaimers of warranties and limitations of remedies set forth below. Purchaser acknowledges
receipt of the manufacturers' and, if applicable, Seller's current warranty forms for the items of Equipment purchased under this Order. EXCEpT FoR A WARRANTToF
TITLE BY SELLER, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITEIVS OF USED EQUIPIVIENT, AND PURCHASER AGREES THAT IT HAS PURCHASED
ALL SUCH ITEMS'AS IS'WTH ALL FAULTS AND DEFECTS,
1 'I.WARRANTY PROCEDURES: Purchaser shall promptly notiff Seller of any claim under any special warranty (such notice to be in addition to compliance with the
procedural requirements of the warranty) and to make the affected item of EQuipment available for inspection by Seller. Any replacements or repairs to be made by
Seller as a warranty representative of the manufacturer shall be made at a repair and service facility of Seller or it's desiqnee during reqular business hours, lhe cost
of the transportation of the Equipment to and from the service facility of Seller or its designee and the cost of the Selleis personnel traveling to and from the location
of the Equipment and related cost shall be borne solely by Purchaser. The failure of any item of Equipment purchased hereunder to fulfill -ny applicable warranties
shall not affect the liability of Purchaser to Seller for the purchase price of that item or any other obligation of Purchaser to Seller.
12. DISCLAIMER and RELEASE: THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR DEFECTIVE ITEI\4S oF NEW EQUIPMENT SHALL BE AS PRoVIDED IN THE
MANUFACTURER'S WARRANTY, ANY OTHER RIGHTS PROVIDED BY LAW AGAINST THE MANUFACTURER, AND ANY APPLICABLE SELLER'S WARRANTY REFERRED TO IN
PARAGRAPH 1O EXCEPT FOR ITS OBLIGATION TO DELIVER THE EQUIPMENT IN ACCORDANCE WTH THE EXPRESS TERMS AND CONDITIONS OF THIS ORDER, SELLER
SHALL HAVE NO OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWSE, WTH RESPECT TO ANY
NONCONFORMANCE OR DEFECT lN ANY ITEM PURCHASED HEREUNDER, INCLUDING BUT NOT LIIVIITED TO; (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE, (C) ANY
OBLIGATION, LIABILITY, RIGHT, CLAII\4, OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT.
13. EXCLUSION of CONSEQUENTIAL and OTHER DAMAGES: SELLER SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING
WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR II\4PUTED NEGLEGENCE) OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, COST OF
SUBSTITUTE EQUIPMENT, ADDITIONAL COST INCURRED BY PURCHASER AT ITS PLANT OR IN THE FIELD (WHETHER BY WAY OF CORRECTION OR OTHERWISE), CLAIIVIS
BY PURCHASER, PURCHASER'S CUSTOMERS, OR OTHER THIRD PARTIES FOR DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGE WTH RESPECT TO ANY NONCONFORMANCE OR DEFECT lN ANY lTEl\rls PROVIDED HEREUNDER.
32
15, PURCHASER,S INDEMNITY: PURCHASER SHALL INDEMNIFY, DEFEND, AND SAVE SELLER AND ITS AGENTS AND EMPLoYEES HARMLESS FRoM AND AGAINST ALL
CLAIMS, LIABILITIES, AND CIVIL PENALTIES, INCLUDING COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCIDENT THERETO OR INCIDENT TO SUCCESSFULLY
ESTABLISHING THE RIGHT TO INDEMNIFICATION, FOR INJURY TO OR DEATH OF ANY PERSON OR PERSONS, INCLUDING EMPLOYEES OF PURCHASER, OR FOR LOSS OF,
OR DAMAGE TO ANY PROPERTY, INCLUDING EQUIPIVENT, OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE
POSSESSION, USE, MAINTENANCE, OR OPERATION OF THIS EQUIPMENT, WHETHER OR NOT ARISING IN TORT OR CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF SELLER, WHETHER ACTIVE, PASSIVE, OR IIVIPUTED. TO THE EXTENT OF THIS INDEMNITY, PURCHASER HEREBY WAIVES ANY IMIVUNITY PROVIDED BY TITLE 51
REVISED CODE OF WASHINGTON OR ANY OTHER INDUSTRIAL INSURANCE LAW OR WORKERS COMPENSATION STATUTE. IF THIS INDEMNITY IS LIMITED IN SCOPE BY
OPERATION OF LAW THEN IT SHALL EXTEND TO THE FULL EXTENT ALLOWED BY SUCH LAW.
14. PURCHASER'S RESPONSIBILITIES: Except to the extent provided in the express warranties under paragraph 10, Purchaser agrees that, even though it may
receive technical information, drawings, or advice from Seller, Purchaser will have sole responsibility (a) for the safety, operation, and performance of the Equipment,
(b) for it's suitability for Purchaser's intended use, and (c) where the Equipment is to be used as part of a power, propulsion, or other system, for the installation of the
Equipment, the design and performance of such systems, and the adequacy of such system for the particular needs of the Purchaser or any customer of Purchaser.
16. INSURANCE: Purchaser is solely responsible for any loss or damage that occurs to any item or items of Equipment after delivery to Purchaser, and to such loss
or damage shall diminish any obligation of Purchaser to Seller hereunder. At all times following delivery, Purchaser agrees to maintain one or more polices insuring
the Equipment, in an amount not less than the full amount of the Unpaid Balance from time to time remaining unpaid against all hazards generally covered by
extended coverage hazard insurance and against any other hazards required by Seller. Each such policy shall name Seller as an additional insured and loss payee
and shall provide that no cancellation or material changes to the policy will be effective as to Seller unless Seller has been given written notice at least thirty (30) days
prior to the effective date thereof. Purchaser agrees, if Seller request, to deliver to Seller copies of all such policies or certificates of the insurers evidehcing such
coverage_
17. DEFAULT: lf Purchaser fails to pay when due any amount owing to Seller, or to perform any other obligation to Seller hereunder or otherwise, or if Purchaser
becomes insolvent or makes an assignment for the benefit of creditors, or if there shall be instituted by or against Purchaser any proceeding under any bankruptcy,
insolvency, or similar law of any jurisdiction, or for the appointment of a receiver or trustee in respect of any Purchaser's property, or if the Seller reasonably believes
that Purchaser is unable to meet its debts as they mature, then, in addition to any other rights and remedies that Seller may have, Seller may, upon nolice to
Purchaser at any time, declare the entire Unpaid Balance immediately due and payable, require progress payments for the Equipment, require payment for the
Equipment in cash upon dgllvery, apply amounts held for Purchaser's account hereunder or otherwise to the Unpaid Balance or to any other obligations of Purchaser
to Seller, or terminate all of Seller's obligations under this Order.
{8. NON-WAIVER: No term or condition of this Order shall be deemed waived and no breach excused, unless such waiver or excuse is in writing signed by the party
claimed to have waived or executed. Any such waiver in a particular instance shall not constitute a waiver of future compliance with such term condition.
19. NOTICES: lf Purchaser fails to pay when due any amount owing to Seller, or to perform any other obligation to Seller hereunder or otheMise, or if Purchaser
becomes insolvent or makes an assignment for the benefit of creditors, or if there shall be instituted by or against Purchaser any proceeding under any bankruptcy,
insolvency, or similar law of any jurisdiction, or for the appointment of a receiver or trustee in respect of any Purchasef s property, or if the Seller reasonably believes
that Purchaser is unable to meet its debts as they mature, then, in addition to any other rights and remedies that Seller may have, Seller may, upon notice to
Purchaser at any time, declare the entire Unpaid Balance immediately due and payable, reQuire progress payments for the Equipment, require payment for the
Equipment in cash upon delivery, apply amounts held for Purchaser's account hereunder or otherwise to the Unpaid Balance or to any other obligations of Purchaser
to Seller, or terminate all of Seller's obligations under this Order.
20. ASSIGNMENT: This Order may not be assigned or otheruise transferred by Purchaser in whole or in part without Seller's prior written consent. Subject to this
limitation on assignment and transfer, the terms and condition of this Order shall bind and benefit the parties and their respective successors and assigns.
21. SEVERABILITY: Should any provision of this Order be found by a court of competent jurisdiction to be invalid, illegal, or unenforceable the remaining provisions
shall not be affected or impaired thereby except to the extent reasonably necessary to preserve the intent ofthe parties.
22, MERGER; NO CREDIT AGREEMENT: The terms and conditions of this Order merge and supersede all prior and contemporaneous agreements and negotiations regarding the
subject matter hereof, except for any agreements entered into pursuant to Paragraph 4 above. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
23. ATTORNEYS'FEES; APPLICABLE LAW: ln any suit or action arising out of this Order, the losing party shall pay to the prevailing party its reasonable attorneys'
fees and all other cost, fees, and expenses incurred by the prevailing party at trial and upon appeal: This Order shall be governed by and construed in accordance
with the laws of the State of Washington..
24. INVALIDITY: Each provision of this shall be considered separable, and if for any reason any provision herein is determined to be invalid, such invalidity shall not
impair or olherwise affect the validity of the other provisions of this agreement. lf any provision is deemed to be invalid, it shall be modified, if possible to the extent
necessary to remove such invalidity.
25. LKE ASSIGNMENT: PURCHASER lS HEREBY NOTIFIED THAT SELLER HAS ASSIGNED TO'HGl EXCHANGE LLC" ACTING SOLEY lN lT'S CAPACITY AS
SELLER'S QUALIFIED INTERMEDIARY, RIGHTS TO ACCEPT AND RECEIVE ALL CONSIDERATION PAYABLE BY PURCHASER (INCLUDING ALL MONEY
AND ANY TRADE-IN), BUT NONE OF SELLER'S OBLIGATIONS IN THIS SALE WTH RESPECT TO THE PURCHASE OF QUALIFIED LKE/RENTAL
EQUIPMENT FOR THE PURPOSES OF COMPLETING A LIKE-KIND EXCHANGE UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED,
SYSTEMS' DATA VIA PRODUCT LINK OR OTHER TELEMATICS SYSTEM.
INITIAL
33
DATA GOVERNANCE CONSENT FORM
The Data Governance Statement attached as Appendix A describes Caterpillar's practices for collecting, sharing
and using data and information relating to machines, products or other assets and their associated worksites-for
example to enable Cat@ Connect and other digital offerings. Please review the Caterpillar Data Governance
Statement (also available at www.cat.com/data_governance_statement) regularly and with care. lf Caterpillar
updates the Caterpillar Data Governance Statement, Caterpillar may notify you as indicated in the Data Governance
Statement.
I acknowledge and agree:
- That I have read, understand and consent to this Data Governance Consent Form and Caterpillars Data
Governance Statement
- That I hereby grant to Caterpillar and its affiliates (as defined in the Data Governance Statement), and each of
their respective licensors, service providers, suppliers, subcontractors and distributors, a non-exclusive,
worldwide, perpetual, paid-up, right and license, including the right to grant and authorize sublicenses through
multiple levels, to access, use, process, manipulate, modify, compile with other data or works and/or create
derivative works of, in accordance with the Data Governance Statement, any and all information that is
collected, transmitted or further processed in accordance with the Data Governance Statement; that the
foregoing license shall apply retroactively to the date on which such information was collected; and that the
foregoing grant is made notwithstanding any more limited rights granted in any other agreements or
understandings, including in any product manuals and other documentation related to Assets (as defined in the
Data Governance Statement);
- That, to the extent not prohibited by applicable law, Caterpillar may, from time to time, remotely access and
program telematics or other devices installed on Assets, for any purpose including by way of example, (a) to
install, or cause to be installed, updates and upgrades to software, firmware, or operating systems (for example,
to enhance safety, security or improve operation of Assets) or (b) to introduce new features, and/or change the
type and frequency of data transmitted through telematics devices (for example, to conduct remote
troubleshooting and/or provide increased customer value); that, Caterpillar cannot guarantee that user
preferences and conflguration settings will be preserved following such an update, whether performed remotely
or otherwise; that, to the extent not prohibited by applicable law, Caterpillar may perform such activities without
further notification; and that I may withdraw my consent to the installation of updates and upgrades at any time,
or make other related requests to Caterpillar, by contacting Caterpillar at CatConnectSupport@cat.com.
ln the event that you transfer ownership, lease, use, or operation of any Assets, you should (i) notify the next owner,
leaseholder, user or operator of such Assets of the terms of this Data Governance Consent Form and (ii) notify your
dealer that you have transferred ownership, lease, use, or operation of the Assets and identify the person or entity to
whom ownership, lease, use, or operation has been transferred.
By signing below I voluntary consent and agree to this Data Governance Consent Form
Company:
Represented by (name)
Signature
Date
CITY OF KENT
May 15, 2018
Caterpillar lnc. | 100 NE Adams Street I Peoria lL 61629 | USA
34
car'
FinancialVerification of lnsurance
Lessee
LESSOR (we):
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203-0001
LESSEE (you):
CITY OF KENT
220 4TH AVE S
KENT, WA 98032
: lnsurance Coverage Requirements
1. The above-named Lessor and Lessee have entered into Governmental Equipment Lease-Purchase Agreement Transaction
Number 3492791 (the "Agreement"). ln accordance with the Agreement, Lessee has instructed the insurance agent named below
Co
Address:-
Phone No:
Agent's Nam
to issue:
a. All Risk Physical Damage lnsurance on the Equipment (as defined in the Agreement) evidenced by a Certificate of lnsurance and
Long Form Loss Payable Clause naming the Lessor andior its Assignee, as loss payee.
The Coverage Required: the aggregate purchase price for the Equipment.
b. Public Liability lnsurance evidenced by a Certificate of lnsurance, naming the Lessor and/or its Assignee as Additional lnsured,
with a minimum of $1,000,000 per occurrence is required.
2. Proof of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Model#Equipment Description Serial #VIN #Value lncluding Tax
1. 308E2CRSB Caterpillar Hydraulic Excavator $157,098.00
SIGNATURES
LESSEE
CITY OF KENT
Signature
Name (print)
Tifle
Date
Iiltffiffit[iililff]ilt
594S91 0t1MO1a 1O:57AM CT
35
Opinion of Counsel GAT'
Fimmial
Re: Governmental Equipment Lease-Purchase Agreement (Transaction Number 34927911(the "Lease")
Between CITY OF KENT("Lessee") and Caterpillar Financial Services Corporation ("Lessor")
Sir/Madam
I am an attorney for Lessee, and in that capacity I am familiar with the above-referenced transaction, the Lease, and all other documents
pertaining to the Lease (the Lease and such other documents pertaining to the Lease being referred to as the "Lease Agreements").
Based on my examination of these and such other documents, records and papers and matters of fact and laws as I deemed to be
relevant and necessary as the basis for my opinion set forth below, upon which opinion Lessee and any subsequent assignee of Lessee's interest may
rely, it is my opinion that:
1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and laws of the State of
Washington (the "State"), and is authorized by such Constitution and laws (i) to enter into the transaction contemplated by the Lease
Agreements and (ii) to carry out its obligations thereunder.
2. The Lease Agreements (i) have been duly authorized, executed and delivered by Lessee and (ii) constitute valid, legal and binding
obligations and agreements of Lessee, enforceable against Lessee in accordance with their terms, assuming due authorization and
execution thereof by Lessor.
3. No further approval, license, consent, authorization or withholding of objections is required from any federal, state or local governmental
authority with respect to the entering into or performance by Lessee of the Lease Agreements and the transactions contemplated by the
Lease Agreements.
4. Lessee has sufficient appropriations or other funds available to pay all amounts due under the Lease Agreements for the current fiscal year
5. The interest payable to Lessor by Lessee under the Lease Agreements is exempt from federal income taxation pursuant to Section 103 of
the lnternal Revenue Code of 1986, as amended.
6. The entering into and performance of the Lease Agreements will not (i) conflict with, or constitute a breach or violation of, any judgment,
consent decree, order, law, regulation, bond, indenture or lease applicable to Lessee, or (ii) result in any breach of, or constitute a default
under, or result in the creation of, any lien, charge, security interest or other encumbrance upon any assets of Lessee or the Units (as
defined in the Lease) pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is
a party, or by which it or its assets may be bound.
7. No litigation or proceeding is pending or, to the best of my knowledge, threatened to, or which may, (a) restrain or enjoin the execution,
delivery or performance by Lessee of the Lease Agreements, (b) in any way contest the validity of the Lease Agreements, (c) contest or
question (i) the creation or existence of Lessee or its governing body or (ii) the authority or ability of Lessee to execute or deliver the Lease
Agreements or to comply with or perform its obligations under the Lease Agreements. There is no litigation or proceeding pending or, to the
best of my knowledge, threatened that seeks to or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the
Lease Payments (as defined in the Lease) or other amounts contemplated by the Lease Agreements. ln addition, I am not aware of any
facts or circumstances which would give rise to any litigation or proceeding described in this paragraph.
B- The Units are personal property and, when subjected to use by Lessee, will not be or become fixtures under the laws of the State.
9. The authorizaiion, approval and execution of the Lease Agreements, and all other proceedings related to the transactions contemplated by
the Lease Agreements, have been performed in accordance with all applicable open meeting, public records, public bidding and all other
applicable laws, rules and regulations of the State.
10. The appropriation of moneys to pay the Lease Payments coming due under the Lease and any other amounts contemplated by the Lease
Agreements does not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or
amount of indebtedness which may be incurred by Lessee.
11. The Lessor will have a perfected security interest in the Units upon the filing of an executed UCC-1 or other financing statement at the time
of acceptance of the Units with the Secretary of State for the State.
SIGNATURE
Name (PRINT)
Signature:
Title:
Date:
Address
rltfrHrt5flffililil
5946S1 0r1U018 10:574M CT
36
CAT'
GATERPTLLAR TNSURANCE COMPANY (CrC) SELECTTON FORM
Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may
be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum
financial requirements.
As an alternative to obtaining your own insurance, you may elect to have your equipment insured under coverage arranged by
Caterpillar lnsurance Services Corporation, that has been designed specifically for the purchasers of Cat@ equipment.
Please complete this form if you elect to insure your equipment with Caterpillar lnsurance Company (ClC).
CIC Physical Damage lnsurance Policy Summary
Please note: This is only a brief description of the CIC Physical Damage lnsurance Program, Contractual provisions contained in the
policy will govern.
CIC Physical Damage lnsurance protects your equipment against physical damage losses, including collision, fire, theft, vandalism,
upset or overturn, floods, sinking, earthquakes and other unfortunate acts of nature. The protection has been designed for owners of
heavy equipment and provides superior benefits you most likely would not find in other plans.
The CIC Physical Damage lnsurance does include normal exclusions. Some important exclusions are wear and tear, rust, loss of
income, war, nuclear damage, and mechanical breakdown, automobiles, watercraft, waterborne shipments, tires or tubes or mobile
track belts damaged by blow-out, puncture, and road damage.
\A/hen a covered loss occurs, this plan will pay for Cat@ replacement parts on all your new or used Caterpillar equipment. On all
equipment from other manufacturers, the plan will pay for comparable replacement parts.
Your CIC plan will pay for round-trip transportation of covered damaged equipment to and from your Cat dealer's repair facility, up to
$2,500limit.
The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are automatically
protected with up to $100,000 of coverage for damage to the similar equipment you rent.
ln the event of a total loss, the policy will pay the greatest of the following:- The payoff value of the loan on the damaged parts or equipment as of the date of loss or- The actual cash value ofthat covered property; or- The cost of replacing that property with property of like kind and quality
The policy will pay 10% of scheduled loss, up to a $10,000 maximum for debris removal.
The policy will pay fire department service fees up to $5,000.
Coverage
Repairs
Transportation
Rental Reimbursement
Claims
Deductible
Customer Service
$1,000 Construction and Agricultural Equipment Deductibles:
$5,000 deductible all logging Equipment
lf you have any questions or need additional details, see your Authorized Cat Dealer or call CIC toll free al1'800-248-4228.
You may also e-mail CIC at physicaldamage@cat.com
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM RISK INSURANCE ACT OF 2OO2
(as extended by the Terrorism Risk lnsurance Extension Act of2005, and as amended in 2007)
You are hereby notified that under the Terrorism Risk lnsurance Act, as amended in 2007, the definition of act of terrorism has changed. As defined in
Section 102(1) of the Act: The term "act of terrorism" means any act that is certifled by the Secretary of the Treasury - in concurrence with the Secretary
of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property,
or infrastructure, to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the
premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of
the United States or to influence the policy or affect the conduct of the United States Government by coercion.
Underyour coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula
established by the Terrorism Risk lnsurance Act, as amended in2007. However, your policy may contain other exclusions, which might affect your
coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism
losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk lnsurance Act, as
amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers'liability for losses resulting from certified acts of
terrorism when the amount of such losses exceeds $l 00 billion in any one calendar year. lf the aggregate insured losses for all insurers exceed $ 1 00
billion, your coverage may be reduced. The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is: $0.00
Iiltltfrtrifi!,tffiIilil
594s91 h3opcs 0t1M018 10 57 AM cT
37
APPLICATION FOR CIC PHYSICAL DAMAGE INSURANCE
Model # Equipment Description Value lncluding Pymt Method-3
Total Tax Total Premium
Pymt Method-1
Finance Pymt
Serial #VIN
Arranged by Caterpillar lnsurance Services Corporation
LflWAhl' tfla"*ut'
Marsha Blaisdell, Authorized lnsurance Producer
I understand that the total insurance premium for 60 months will be $13,480.00, which is $2,696.00 per year based upon the total
equipment value of $157,098.00.
Method 1 I will finance the insurance premium, including finance charges, of $262.49 per scheduled equipment payment. The
finance charge is calculated at 4.55% per annum on the total insurance premium covering the full term of the finance
agreement.By choosing Method 1 and signing this document you are agreeing to finance the insurance along with
the equipment payments with Caterpillar Financial Services Corporation.
Method 2 I desire coverage for an initial 12 month term. I will pay the $2,696.00 premium and return the payment with the
signed equipment documents. Please make check payable to ClC.
Method 3 I will pay the total premium and return the payment with the signed equipment documents. Please make check
payable to ClC.
Method 4 I decline Caterpillar lnsurance. I elect to obtain my own commercial insurance on the equipment shown from an
agent or insurance company of my choice.
I understand that the quote I receive is not a binder of insurance. lf I elect to obtain coverage from CIC , coverage will be effective in
accordance with the terms and conditions of the issued Policy and that I may terminate the coverage at any time with advance written
notice.
I acknowledge that I have been notified that, under the TERRORISM RISK INSURANCE ACT of 2002 (as extended by the Terrorism
Risk lnsurance Extension Act of 2005), any losses caused by certified acts of terrorism under my policy will result in coverage under my
policy thatwill be partially reimbursed by the United States as outlined in the attached policyholderdisclosure notiflcation.
I also acknowledge I have been advised that, if I accept this insurance, an appointed licensed insurance producer will receive
commission compensation.
Customer Name: CITY OF KENT
Dealer Name: N C MACHINERY CO.
Please note: lf you would like a no obligation quote on your additional equipment, call 1-800-248-4228 extension 5754.
Accepted Name (PRINT)
Title:Date
Iilt!ffiffitffitffiIilil
59S891 h€opcs 05/152018 10 57AM CI
38
Fraud Warning
Applicable in AL, AR, DC, LA, MD, NM, Rl and WV: Any person who knowingly (or willfully)- presents a false or fraudulent claim for payment of a loss
or benefit or knowingly (or willfully)- presents false information in an application for insurance is guilty of a crime and may be subject to fines and
confinement in prison. -Applies in MD Only.
Applicable in CO: lt is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of
defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance
company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant
for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds
shall be reported to the Colorado Division of lnsurance within the Department of Regulatory Agencies.
Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an
application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree).. .Applies in FL Only.
Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it
will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for
the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an
insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material
thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.
Applicable in KY, NY, OH and PA: Any person who knowingly and with intenl to defraud any insurance company or other person files an application for
insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact
material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five
thousand dollars and the stated value of the claim for each such violation).. .Applies in NY Only.
Applicable in ME, TN, VA and WA: lt is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the
purpose of defrauding the company. Penalties (may). include imprisonment, fines and denial of insurance benefits. *Applies in ME Only.
Applicable in NJ:Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil
penalties.
Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing
a false statement as to any material fact may be violating state law.
Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents,
helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for ihe same
damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000)
and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating
circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it
may be reduced to a minimum of two (2) years.
]illtfrffiIffitffiIilil
596891 h3opcc0t15201a 10:57AM Cl
39
cAT'
FinancialMeetinq Minutes
N C MACHINERY CO.
17035 W. VALLEY HWY
P.O. BOX 3562
TUKWILA WA 98188
Reference:
CITY OF KENT
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPI LLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
IiltltfrffilFlffffililil
594SS1 otlU018 10:57AM CT
40
Purchase Agreement
Transaction Number 3492791
GAT'
Financial
This Purchase Agreement is between N C MACHINERY CO. ("Vendo/') and Caterpillar Financial Services Corporation ("Cat
Financial"). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment described below (the
"Unit(s)"), subject to the terms and conditions set forth below and on the reverse side hereof.
Description of Unit(s) Serial#
(1) 308E2CRSB New Caterpillar Hydraulic Excavator
Lessee:
CITY OF KENT
220 4TH AVE S
KENT WA 98032
VIN #
Subtotal
Federal Excise Tax
Other Tax
Total Purchase Price
Unit(s) Delivery Point:
220 4TH AVE S
KENT, WA 98032, KING
Freight
$0.00
Total Price
$157,098.00
$157,098.00
0.00
0.00
$157,098.00
SIGNATURES
CATERPILLAR FINANCIAL SERVICES CORPORATION
Signature
Name(Print)
Tifle
Date
See next for additional terms and conditions
N C MACHINERY CO.
Signature
Name(Print)
Title
Date
iiliiifrilfini+ilfflll
5946&1 0t1t2018 10 57AM Cr
41
CAT"Additional Terms and Conditions
Transaction Number 3492791 Financial
L The lessee named on the front hereof (the "Lessee") has selected the Unit(s), instructed Cat Financial to purchase the Unit(s) from
Vendor, and agreed to lease the Unit(s) from Cat Financial.
2. Cat Financial (or its assignee) will have no obligation hereunder (and any sums previously paid by Cat Financial to Vendor with
respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth in Section 1.3 (if a master
lease agreement) or Section 1 (if a non master lease agreement) of the lease with the Lessee covering the Unit(s) have been timely
fulfilled and (b) the Lessee has not communicated to Cat Financial (or its assignee), prior to "Delivery" (as hereinafter defined) of
the Unit(s), an intent not to lease the Uni(s) from Cat Financial. All conditions specified in this paragraph shall be deemed timely
fulfilled unless prior to Delivery of the Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing, which shall
include fax or email. "Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the
Lessee or its agent takes control and/or physical possession of the Unit(s).
3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the Unit(s) shall
transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s).
4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have absolute title to
the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of the Unit(s) set forth herein
is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of Unit(s) leased under a lease is equal to
such Unit(s)'s fair market value.
5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and assigns,
against any person claiming an interest in the Unit(s).
6. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely satisfaction of the
conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase Agreement, Cat Financial (or its
assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the Unit(s) within three business days following
(a) the receipt and approval by Cat Financial of all documentation deemed necessary by Cat Financial in connection with the lease
transaction and (b) all credit conditions have been satisfied.
7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof.
8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such assignment.
9. This Purchase Agreement shall become effective only upon execution by Cat Financial.
594@1 05nil01810:57 AM CT
42
Explanation of Content
Transaction Number 3492791
CAT'
Financial
Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your financing needs.
lncluded in this document package are all of the forms that will be needed for standard tax exempt lease purchase transactions. The forms have been
designed to be clear, concise and user friendly. We have also provided a brief explanation of the purpose of each form. lf you wish to discuss any of
the forms or have any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Financial
Services Corporation at 1-866-263-3791 Option # 5.
A. Governmental Equipment Lease-Purchase Agreement. The Governmental Lease-Purchase Agreement contains the terms that
govern each transaction between us. lt is the standard Caterpillar Financial Services Corporalion tax exempt lease-purchase agreement, and provides
that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A new Governmental Equipment
Lease-Purchase Agreement will have to be signed in connection with each transaction.
B. Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions to
approve the Governmental Equipment Lease-Purchase Agreement. Although the authorizing instrument is often a resolution, it may also take other
forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains specific approval for the lease-purchase
agreement, designates persons who are authorized to sign on your behalf and either approves the document forms or delegates this authority to a
named official
C, Verification of lnsurance. The Certificate of lnsurance is intended to supply information regarding the insurance coverage for the equipment
being lease-purchased. You will need to supply the requested information to us so we can verifu coverage,
D. Opinion of COunSel. An opinion of counsel is required in connection with each Governmental Equipment Lease-Purchase Agreement. The
opinion is intended to confirm that you have complied with all open meeting laws, publication and notice requirements, procedural rules for governing
body meetings, and any other relevant state or local government statutes, ordinances, rules or regulations. We would be unable to confirm compliance
with these laws and regulations ourselves absent long delays and higher costs so we rely upon the opinion of your attorney since he/she may have been
involved in the process to approve our transaction and is an expert in the laws and regulations to which you are subject. The opinion also confirms that
you are an entity eligible to issue tax-exempt obligations and that the Governmental Equipment Lease-Purchase Agreement will be treated as
tax-exempt as it is your obligation to ensure that you have complied with relevant tax law.
E. Form of 8038G or GC. Form B03B is required by the lnternal Revenue Service in order to monitor the amount of tax-exempt obligations
issued. You have to execute a Form 8038 for each Governmental Equipment Lease-Purchase Agreement. Whether a Form 8038 G or GC is required
depends on the original principal amount of the Governmental Equipment Lease-Purchase Agreement. lf the original principal amount is less than
$100,000 Form 8038GC is filed with the lRS. lf the original principal amount is $100,000 or more Form B03BG is liled with the lRS. Choose the
appropriate 8038 form and complete according to IRS guidelines. Contact your TM or Sales Support Representative for assisiance.
IRS Form 8038G
htto ://www.irs. gov/pub/irs-pdf/f80389.pdf
IRS Form BO3BGC
htto ://www. irs.gov/oub/irs-pdf/f8038gc.pdf
This Explanation of Contents is prepared as an accommodalion to the parties named herein. lt is intended as an example of some of the documents that
Caterpillar Financial Services Corporalion, in its reasonable judgment, may require and is not intended to constitute legal advice. Please engage and
use your own legal counsel. We understand that the laws of the various states are different so nothing herein shall be construed as a warranty or
representation that the documents listed herein are the only documents that may be required in any particular transaction or that any particular
transaction, if documented in accordance with this Explanation of Contents, will be a valid, binding and enforceable obligation enforceable against the
parties named herein in accordance with the terms of the documents named herein.
5945&1 05/15rO1A 1057 AMCT
43
DOCUMENT CHECKLTST (GOVERNMENTAL LEASE)
Transaction Number 3492791 Quote Number 5946891
car'
Financial
CITY OF KENT
220 4TH AVE S
KENT, WA 98032
Dealer: N C MACHINERY CO., H330
Date:0511512018 Time: 10:57 AM
Gomments:
Customer Executed Documents Comments
n Lease Purchase Document
n DeliveryCertification
n lnsuranceVerification
n 8038G or 8038GC
! Advance Payment (cross out if N/A)
n CustomerlnformationVerification
n Tax Exemption Certificate
! Any necessary Riders/Amendments
n Lessee's Resolution + Minutes of Meeting OR
n Opinion of Lessee's Counsel
n Copy of Driver's License (Sole Proprietorships and
lndividuals)
Dealer Executed Documents Comments
n Purchase Agreement
n Dealer lnvoice
n All Credit Conditions Met
*lf any of these documents are altered, or if the Buyer wishes to add or delete documents, please contact your CFSC Credit
Analyst to obtain acceptance of any and all changes.
Illl!ffiHlrliilffitllll
44
Governmental Equipment Lease-Purchase Agreement
Transaction Number 3492791
cAt'
Financial
1. PARTIES
LESSOR ("we", "us", or "our"):
CATERPILLAR FINANCIAL SERVICES CORPORATION
2 1 20 West End Avenue
Nashville, TN 37203
3. Lease Payments; Current Expense You will pay us the lease payments,
including the final lease payment set forth above (collectively, the "Lease
Payments"). Lease Payments will be paid by you to us as follows: a first
payment of 82,912.94 will be paid in arrears and the balance of the Lease
Payments is payable in 59 successive monthly payments of which the first
58 payments are in the amount of $2,912.94 each, and the last payment is in
the amount of $2,913.94 plus all other amounts then owing under this Lease,
with the first Lease Payment due one month after the date that we sign this
Lease and subsequent Lease Payments due on a like date of each month
thereafter until paid in full. A portion of each Lease Payment constitutes
interest and the balance of each Lease Payment is payment of principal.
The Lease Payments will be due without demand. You will pay the Lease
Payments to us at Caterpillar Financial Services Corporation;PO Box
100647; Pasadena, CA 91 189-0647 or such other location that we designate
in writing. Your obligations, including your obligation to pay the Lease
Payments due in any fiscal year, will constitute a current expense of yours
for such fiscal year and will not constitute an indebtedness of yours within
the meaning of the constitution and laws of the State in which you are
located (the "State"). Nothing in this Agreement will constitute a pledge by
you of any taxes or other moneys, other than moneys lawfully appropriated
from time to time for the payment of the "Payments" (as defined in the last
sentence of this Section) owing under this Agreement. You agree that,
except as provided in Section 7, your duties and liabilities under this
Agreement and any associated documents are absolute and
unconditional. Your payment and performance obligations are not
subject to cancelation, reduction, or setoff for any reason. You agree
to settle all claims, defenses, setoffs, counterclaims and other disputes
you may have with the Supplier, the manufacturer of the Unit, or any
other third party directly with the Supplier, the manufacturer or the
third party, as the case may be. You will not assert, allege or make any
such claim, defense, setoff, counterclaim or other dispute against us or
with respect to the payments due us under this Agreement. As used in
this Agreement, "Payments" will mean the Lease Payments and any other
amounls required to be paid by you.
The portion of the Lease Payments constituting principal will bear interest
(computed on the basrs of actual days elapsed in a 360 day year) at the rate
of 4.20o/o per annum.
4. Late Charges lf we do not receive a Payment on the date it is due, you will
LESSEE ("you" or "your"):
CITY OF KENT
220 4TH AVE S
KENT, WA 98032
pay to us, on demand, a late payment charge equal to the lesser of five
percent (5%) of such Payment or the highest charge allowed by law.
5. Security lnterest To secure your obligations under this Agreement, you
grant us a continuing flrst priority security interest in each Unit (including any
Additional Collateral), includrng all attachments, accessories and optional
features (whether or not installed on such Units) and all substitutions,
replacements, additions, and accessions, and the proceeds of all the
foregoing, including, but not limited to, proceeds in the form of chattel paper.
You authorize the filing of such financing statements and will, at your
expense, do any act and execute, acknowledge, deliver, file, register and
record any document, which we deem desirable to protect our security
interest in each Unit and our rights and beneflts under this Agreement. You,
at your expense, will protect and defend our security interest in the Units and
will keep the Units free and clear of any and all claims, lrens, encumbrances
and legal processes however and whenever arising.
6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT MAKE
ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE UNITS. AS TO US, YOUR LEASE
AND PURCHASE OF THE UNITS WLL BE ON AN 'AS IS" AND ''WHERE
lS' BASIS AND "WTH ALL FAULTS". Nothing in this Agreement is
intended to limit, waive, abridge or otherwise modify any rights, claims,
or causes of action that you may have against any person or entity
other than us.
7. Non-Appropriation You have an immediate need for, and expect to make
immediate use of, the Units. This need is not temporary or expected to
diminish during the term of this Agreement. To that end, you agree, to the
extent permitted by law, to include in your budget for the current and each
successive fiscal year during the term of this Agreement, a sufficient amount
to permit you to discharge your obligations under this Agreement.
Notwithstanding any provision of this Agreement to the contrary, we and you
agree that, in the event that prior to the commencement of any of your fiscal
years you do not have sufficient funds appropriated to make the Payments
due under this Agreement for such fiscal year, you will have the option of
terminating this Agreement as of the date of the commencement of such
fiscal year by giving us si)iny (60) days prior written notice of your intent to
terminate. No later than the last day of the last fiscal year for which
appropriations were made for the Payments (the "Return Date"), you will
ln reliance on your selection of the equipment described below (each a "Unit"), we have agreed to acquire and lease the Units to you, subject to the
terms of this Lease- Until this Lease has been signed by our duly authorized representative, it will constitute an offer by you to enter into
this Lease with us on the terms stated herein.
2. DESCRIPTION OF THE UNITS
SERIAUVIN
Unique lD number for
this Unit.
Deriod. as stated below in section 3.
MONTHLY
LEASE PAYMENT
This is due per
FINAL LEASE
PAYMENT
DELIVERY DATE
Enter date machine was
delivered to you
DESCRIPTION OF UNITS
Vlihelher the Unit is new or used, the
model number, the manufacturer,
and the model name-
$2,912.94 $2,913.94(1) New 308EzCRSB Caterpillar Hydraulic
Excavator
TERMS AND CONDITIONS
lilt!ffiffiit5ftffililil
S463Sl h330pcs W1t201a 1057AM CT
45
return to us all ofthe Units, atyoursole expense, in accordancewith Section
14, and thisAgreementwill terminate on the Return Date without penalty or
expense to you and you will not be obligated to pay the Lease Payments
beyond such fiscal year; provided, that you will pay all Payments for which
moneys have been appropriated or are otheruise available; and provided
further, that you will pay month to-month rent at the rate set by us for each
month or part of any month that you fail to return the Units.
8. Tax Warranty You will, at all times, do and perform all acts and things
necessary and within your control to ensure that the interest component of
the Lease Payments will, for the purposes of Federal income taxation, be
excluded from our gross income. You will not permit or cause your
obligations under this Agreement to be guaranteed by the Federal
Government or any branch or instrumentality of the Federal Government.
You will use the Units for the purpose of performing one or more of your
governmental functions consistent with the scope of your authority and not in
any trade or business carried on by a person other than you. You will report
this Agreement to the lnternal Revenue Service by filing Form 8038G,
8038GC or 8038, as applicable. Failure to do so will cause this Agreement
to lose its tax exempt status. You agree that if the appropriate form is not
filed, the interest rate payable under this Agreement will be raised to the
equivalent taxable interest rate. lf the use, possession or acquisrtion of the
Unrts is determined to be subject to taxation, you will pay when due all taxes
and governmental charges assessed or levied against or with respect to the
Units.
9. Assignment You may not, without our prior written consent, by operation of
law or otheruise, assign, transfer, pledge, hypothecate or otherwise dispose
of your right, title and interest in and to this Agreement and/or the Units
and/or grant or assign a security interest in this Agreement and/or the Units,
in whole or in part. We may not transfer, sell, assign, pledge, hypothecate,
or otheMrse dispose of our right, title and interest in and to this Agreement
and/or the Units and/or grant or assign a security interest in this Agreement
and/or the Units, in whole or in part.
10. lndemnity To the extent permitted by law, you assume liability for, agree to
and do indemnify, protect and hold harmless us and our employees, officers,
drrectors and agents from and against any and all liabilities, obligations,
losses, damages, injuries, claims, demands, penalties, actions, costs and
expenses (including reasonable attorney's fees), of whatsoever kind and
nature, arising out of the use, condition (including, but not limited to, latent
and other defects and whether or not discoverable by you or us), operation,
ownership, selection, delivery, storage, leasing or return of any item of Units,
regardless of where, how and by whom operated, or any failure on your part
to accept the Units or otherwise to perform or comply with any condrtions of
this Agreement.
11. lnsurance; Loss and Damage You bear the entire risk of loss, theft,
destruction or damage to the Units from any cause whatsoever. No loss,
theft, destruction or damage of the Units will relieve you of the obligation to
make Lease Payments or to perform any obligation owing under this
Agreement. You agree to keep the Units insured to protect all of our
interests, at your expense, for such risks, in such amounts, in such forms
and with such companies as we may require, including but not limited to fire
and extended coverage insurance, explosion and collision coverage, and
personal liability and property damage liability insurance. Any insurance
policies relating to loss or damage to the Units will name us as loss payee as
our interests may appear and the proceeds may be applied toward the
replacement or repair of the Units or the satrsfaction of the Payments due
under this Agreement. You agree to use, operate and maintain the Units in
accordance with all laws, regulations and ordinances and in accordance with
the provision of any policies of insurance covering the Units, and will not rent
the Units or permit the Units to be used by anyone other than you. You
agree to keep the Units in good repair, working order and condition and
house the Units in suitable shelter, and to permit us or our assigns to rnspect
the Units at any time and to otherwise protect our interests in the Units. lf
any Unit is customarily covered by a maintenance agreement, you will
furnish us with a maintenance agreement by a party acceptable to us.
12. Default; Remedies An "Event of Default" will occur if (a) you fail to pay any
Payment when due and such failure continues for ten (10) days after the due
date for such Payment or (b) you fail to perform or observe any other
covenant, condition, or agreement to be performed or observed by you under
this Agreement and such failure is not cured within twenty (20) days after
written notice of such failure from us. Upon an Event of Default, we will have
all rights and remedies available under applrcable law. ln addition, we may
declare all Lease Payments due or to become due during the fiscal year in
which the Event of Default occurs to be immediately due and payable by you
and/or we may repossess the Units by giving you written notice to deliver the
Units to us in the manner provided in Section 14, or in the event you fail to do
so within ten (10) days after receipt of such notice, and sublect to all
applicable laws, we may enter upon your premises and take possession of
the Units. Further, if we financed your obligations under any extended
warranty agreement such as an Equipment Protection Plan, Extended
Service Contract, Extended Warranty, Customer Service Agreement, Total
Maintenance and Repair Agreement or similar agreement, we may cancel
such extended warranty agreement on your behalf and receive the refund of
the extended warranty agreement fees that we financed but had not received
from you as of the date of the Event of Default.
13. Miscellaneous This Agreement may not be modified, amended, altered or
changed except by a written agreement signed by you and us. ln the event
any provision of this Agreement is found invalid or unenforceable, the
remaining provisions will remain in full force and effect. This Agreement,
together with exhibits, constitutes the entire agreement between you and us
and supersedes all prior and contemporaneous writings, understandings,
agreements, solicitations, documents and representations, expressed or
implied. Any terms and conditions of any purchase order or other documents
submitted by you in connection with this Agreement which are in addition to
or inconsistent with the terms and conditions of this Agreement will not be
binding on us and will not apply to this Agreement. You agree that we may
correct patent errors in this Agreement and fill in blanks including, for
example, correcting orfilling in serial numbers, VIN numbers, and dates. Any
notices required to be given under this Agreement will be given to the parties
in writing and by certified mail at the address provided in this Agreement, or
to such other addresses as each party may substitute by notice to the other,
which notice will be effective upon its receipt.
14. Title; Return of Units Notwithstanding our designation as "Lessor", we do
not own the Units. Legal title to the Units will be in you so long as an Event of
Default has not occurred and you have not exercised your right of
non-appropriation. lf an Event of Default occurs or if you non-appropriate, full
and unencumbered title to the Units will pass to us without the necessity of
further action by the parties, and you will have no further interest in the Units.
lf we are entitled to obtain possession of any Units or if you are obligated at
any time to return any Units, then (a) title to the Units will vest in us
immediately, and (b) you will, at your expense, promptly deliver the Unit to us
properly protected and in the condition required by Section 11. You will
deliver the Unit, at our option, (i) to the nearest Caterpillar dealer selling
equipment of the same type as the Unit; or (ii) on board a carrier named by
us and shipping the Unit, freight collect, to a destination designated by us. lf
the Unit is not in the condition required by Section 11, you must pay us, on
demand, all costs and expenses incurred by us to bring the Unit into the
required condition. Until the Units are returned as required above, all terms of
this Agreement wrll remain in full force and effect including, without limitation,
your obligation to pay Lease Payments and to insure the Units.
15. Other Documents ln connection with the execution of this Agreement, you
will cause to be delivered to us (i) either (A) a certified copy of your
authorizing resolution substantially in the form attached as Attachment B and
a copy of the minutes of the relevant meeting or (B) an opinion of your
counsel substantially in the form attached as Attachment C; (ii) a Verification
of lnsurance substantially in the form attached to this Agreement; (iii) a copy
of the signed Form filed with the lnternal Revenue Service required in
Section 8 above as Attachment D, and (iv) any other documents or items
required by us.
16. Applicable Law This Agreement will be governed by the laws, excluding
the laws relaiing to the choice of law, of the State in which you are located.
SIGNATURES
LESSOR
CATERPILLAR FINANCIAL SERVICES CORPORATION
Signature
Name (print)
Title
Date
LESSEE
CITY OF KENT
Signature
Name (print)
Title
Date
S46891 h3&pcs Ot15/2018 1057AM CT
46
CUSTOMER INFORMATION VERIFICATION
(Required Document)CAT'
Financial
In our efforts to continue providing timely customer service, we need your assistance confirming the following information. lf
information is incorrect or missing, please note the necessary changes below and return this form with your signed documents
addition, please review the Data Privacy Notice stated below. Thank you in advance for your cooperation.
Purchase Order # for new contract:
any
ln
Current lnformation on file Please make corrections here
Customer Name:
Physical Address:
CITY OF KENT
220 4TH AVE S
KENT, WA 98032
22O 4TH AVE S
KENT, WA 98032
220 4fH AVE S
KENT, WA 98032, KING
(253)856-5200
RGreen@kentwa.gov
Mailing Address
Equipment Location
Business Phone:
E-mail Address:
Accounts Payable Contact
Name and Phone:
Tax lnformation
Sales Tax Rate:
(Please note: Sales Tax Rate, includes all applicable State, County, and City sales tax)
City Limits Asset outside the City Limits? Yes_ No_
0
Tax Exemption Status
Please indicate if you are tax exempt.a Exempt*
fl Non-Exempt
"A Tax Exemption Certiticate is required for all tax exempt customers. If you are tax exempt - please enclose a current tax
exemption certificate to be rcturned with your documents.
lf you would like an electronic copy of your contract, please provide a valid email address below (one letter per line).
Electronic Copy Available Upon Funding
The information above has been reviewed and is accurate to the best of my knowledge with exception of any corrections as noted.
*Should the above changes apply to ALL of your contracts, OR for this contract ONLY?
n ALLCONTRACTS
! THIS CONTRACT ONLY
THE ABOVE INFORMATION HAS BEEN REVIEWED AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE WITH EXCEPTION
OF ANY CORRECTIONS AS NOTED.
Customer lnitials
Data Privacy Notice This notice peftains to personal data supplied in connection with your credit application. By providing your information to
Caterpillar lnc. or any of its subsidiaries or affiliates, including Caterpillar Financial Servbes Corporation (collectively
"Caterpiilar"), you are agreeing that the information may be shared among Caterpillar and its paftners and dealers, and
used to process your applications for credit and other orders and to improve or market Caterpillar products and servrces.
lf you have any questions pertaining to this notice, please contact the Data Privacy Coordinator at 61 5-341-8222.
Illlltfrffitl5ilfiff1ilil
5946S1 05n5/2019 1057 AM Cl
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48
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Dan Hansen, Traffic Engineer III
THROUGH: Kelly Peterson, AICP, Transportation Engineering Manager
SUBJECT: Information Only/Residential Traffic Calming Program Update
SUMMARY: The Residential Traffic Calming Program (RTCP) was adopted in 2009
via Resolution 1817. The RTCP was designed to address excessive traffic speeds and
volumes on residential streets. The Public Works and Police Departments coordinate
efforts to address residents’ concerns through education, enforcement and when
applicable construction of traffic calming devices.
An update of the RTCP was last presented to the Public Works Committee in
September 2017. Since that time, 19 new RTCP requests have been submitted, 19
traffic studies have been completed, with 13 locations showing 85th percentile speeds
of less than 10 MPH over the speed limit and 6 locations showing 85th percentile
speeds at or near 10 MPH over the posted speed limit. Staff has or will be contacting
these neighborhoods to determine interest in participating in a speedwatch program
to help change driving behavior, which is the next step in the program.
Staff is currently working on 18 new RTCP requests.
EXHIBIT: None
BUDGET IMPACT: No new impact.
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
Information Only
49
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50
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Hayley Bonsteel, AICP, Long Range Planning Manager
SUBJECT: Sound Transit Development Agreement and Transit Way Agreement
SUMMARY: City staff have been working closely with Sound Transit staff for over a
year on the Federal Way Link Extension light rail project. Staff have been meeting
weekly to resolve key issues and craft a Development Agreement, resulting in
concurrence on a wide range of issues pertaining to the Kent-Des Moines station, the
Star Lake/272nd Street station, and the guideway between the two stations. The
Development Agreement sets forth code expectations for station area design and
performance, roles and responsibilities during the design-build construction process,
and an agreed-upon framework for the City and Sound Transit working together in
the coming years. City staff have also been working with Sound Transit staff to
develop a “Transit Way Agreement,” which gives Sound Transit permission to build
its system in the agreed upon location within Kent’s borders.
Sound Transit’s timeline for this stage of the project requires both the Development
Agreement and the Transit Way Agreement to be signed in July 2018 (with action by
the Sound Transit Board in August). To ensure other critical project milestones can
be met, such as the Request for Proposals and Notice to Proceed (for construction),
and to ensure the light rail can be operational for customers in 2024, staff is
proposing to present the agreements to both ECDC and PWC in June, 2018. Staff
presented at the City Council workshop on March 20, 2018 and touched on remaining
work to be done at that time. Now, staff will discuss the progress made on those
issues and answer any questions about the agreements. A public hearing regarding
the Development Agreement will be held before the full council in July.
EXHIBITS: None
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
Information only
51
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52
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Levin Conway, Technical Systems Analyst
Melissa Janson, IT Project Manager
SUBJECT: Information Only/Asset Management System Update
SUMMARY: Council approved the replacement of Public Works’ asset management
software in the 2018/2019 Mid-Biennium Budget. The existing asset management
software Hansen has been in place since 1995 and has surpassed its lifecycle. The
software is no longer supported by the manufacturer. The proposed replacement will
include system requirements that enable a mobile, GIS-centric structure that has the
ability to integrate with the City’s current software infrastructure. The goal is to
stream line workflows and eliminate steps to improve efficiency.
Staff will provide an update on work completed to date, upcoming milestones and
next steps.
EXHIBIT: N/A
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
Information Only
53
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54
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Tim LaPorte, P.E. Public Works Director
SUBJECT: Information Only - 228th Street Corridor Union Pacific Railroad Overpass
Update on the Right of Way Acquisition
SUMMARY: Staff will provide a brief update to the Committee members on the
acquisition progress required to move this project into construction.
EXHIBITS: None
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
Information Only
55
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56
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: June 18, 2018
TO: Public Works Committee
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
EXHIBITS: None
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
Information Only
57