HomeMy WebLinkAboutReg 2007-02-05 COMPLETE AGENDA PACKET Tukwila City Council Agenda
t 2 REGULAR MEETING
a 1 4-f)1
Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
Rhonda Berry, City Administrator Pam Carter Jim Haggerton
1906 Verna Griffin, Council President Pamela Linder Dennis Robertson
MONDAY, February 5, 2007; 7:00 PM Ord 2151 Res #1624
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Highway 99 Action Committee; recognition of Donna West and
PRESENTATIONS Art Rosengren for their many years of service to the community.
Tukwila Fire Department response to the December 21 crash of a
U.S. Arms; Blackhawk helicopter in Enumclaw, Washington.
3. PROCLAMATIONS/ Proclamation commemorating the Pg. 3
APPOINTMENTS 1 0th Birthday of the Tukwila Community Center.
4. CITIZEN At this time, you are invited to comment on items not included
COMMENT on this agenda (please limit your comments to five minutes).
To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
5. CONSENT a. Approval of minutes: 1/16/07 (Regular); 1/22/07 (Special).
AGENDA b. Approval of vouchers.
6. BID AWARDS Award a contract to R. L. Alia Company in the amount of Pg. 5
$764,864.00 for the Southcenter Boulevard Water Main
Replacement project (see 1/22/07 COW).
7. UNFINISHED a. An ordinance regarding alcoholic beverage control/ Pg. 7
BUSINESS enforcement.
b. An ordinance repealing Ordinance No. 1973 regarding Pg.11
Curfew for Minors.
c. Authorize the Mayor to sign Supplemental Agreement No. 2 Pg.15
with Anchor Environmental in the amount of $89,615.00 for
construction management services for the Southcenter
Boulevard Water Main Replacement project (see 1/22/07 COW).
8. NEW BUSINESS Authorize the Mayor to sign a contract with KPG, Inc., Pg.17
in the amount of $79,793.00 for design services for the
2007 Overlay Program.
9. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
10. MISCELLANEOUS
11. EXECUTIVE SESSION Pending Litigation; pursuant to RCW 42.30.110(1)(i) (15 minutes).
12. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice
to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate
formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
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PROC LAMATION ..0.,._„,
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-W HEREAS, Tukwila Community Center opened its current building in :-"-Z::?-)
February 1997; and
WHEREAS, Tukwila Community Center has served an estimated two million
4- participants since operations began in the new Center; and
l WHEREAS, Tukwila Community Center creates Community by providing
1 enriching l exper and opportun for people of all ages to l grow,
t and develop into contributing members of the community; and
WH EREAS, Tu kwila Community Center provides outlets for physical
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activities, socialization, and stress reducing experiences; and
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WHEREAS, Tukwila Community Center makes our City an attractive and
desirable place to live, work, play and visit, which contributes to our economic
_s.• vitality; and
WHEREAS, Tukwila Community Center touches the lives of individuals, €k
families and groups, which positively impacts the social, economic, and health
quality of our community; and
WHEREAS, the City of Tukwila is proud of the Tukwila Community Center
I and the opportunities and contributions providing for a healthy place to recreate,
D a place to learn and grow, build self esteem, confidence, and a sense of self- worth.
NOW, THEREFORE, I, Mayor Steven M. Mullet, Mayor of the City of
Tukwila, do hereby proclaim February 8, 2007, as:
Tukwila Community Center Ten -Year Birthday
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Signed this 1 day of cv-‘, 2007.
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Steven M. Mullet, Mayor of Tukwila ::k
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ITEM INFORMATION
CAS NUMBER: 07-012 I ORIGINAL AGENDA DATE: JANUARY 22, 2007
AGENDA ITEM TITLE Bid Award for Southcenter Blvd Water Main
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date Mtg Date 2/05/07 Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This project will replace the old cast iron main in Southcenter Blvd from Tukwila Pkwy to
SUMMARY Grady Way. The project was advertised on December 7 and 14, 2006, and four bids were
opened on January 5, 2007. The low bid of $764,864.00 was from R.L. Alia, which is
currently under contract for the Allentown /Foster Point Water and Sewer project and
the Fort Dent Park /Interurban Ave Sewer project. Work on those projects is
satisfactory.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAZE: 1/17/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Award contract to the lowest bidder, R.L. Alia.
GUMMrrEE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$764,864.00 $980,000.00
Fund Source: 401.02 Water Fund (page 78 79, 2007 Proposed CIP)
Co »invents: Includes $440,000 from page 79 and the Interurban Ave South Waterline Project.
MTG. DATE I RECORD OF COUNCIL ACTION
1/22/07 I Forward to Regular Meeting of 2/5/07
2/5/07
MTG. DATE ATTACHMENTS
1/22/07 Information Memo dated January 8, 2007
Bid Tabulation
Map
2007 Proposed CIP Pages 78 78
Utilities Committee Meeting Minutes from January 17, 2007
2/5/07 No attachments (see 1/22/07 Agenda packet)
COUNCIL AGENDA SYNOPSIS
--k/ Alp Initials ITEM NO.
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ITEM INFORMATION
CAS NUMBER 07-010 I ORIGINAL AGENDA DATE: 1/22/07
AGENDA ITEM TITLE An Ordinance regarding Alcoholic Beverage Control /Enforcement Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date 2/5/07 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe R Police Pl/
SPONSOR'S The current TMC is not in compliance with state law. TMC 8.30.010 should be amended
SUMMARY and TMC 8.30.030 repealed in order for the TMC to mirror state language.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAl'E: 1/16/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Adoption of Ordinance to amend current TMC
COMMrrrEE Unanimous approval to amend TMC
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source: N/A
Comments:
MTG._.DATE RECORD OF. COUNCIL= ACTION
1/22/07 Forward to Regular Meeting of 2/5/07
MTG- DATE ATTACHMENTS
1/22/07 Memo from Peter Beckwith dated 12/28/06 to the F S Cmte
Strike through and final draft of new ordinance
Finance Safety Committee minutes dated 1/16/07
2/5/07 Ordinance in Final Form
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE CHAPTER 8.03, "ALCOHOLIC BEVERAGES REPEALING
ORDINANCE NOS. 1368 §1 (PART), 1677 §5, 1869 AND 1904, AS
COD11-'1ED IN TUKWILA MUNICIPAL CODE CHAPTER 8.03;
PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN
E1'FbCTIVE DATE.
WHEREAS, the City of Tukwila desires to update Tukwila Municipal Code Chapter
8.03 regarding alcoholic beverage control and enforcement, to reflect changes to the
Revised Code of Washington;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.03.010, Amended. Tukwila Municipal Code Section 8.03.010
(Alcoholic Beverage Control Enforcement) is hereby amended to read as follows:
8.03.010 Alcoholic Beverage Control Enforcement
The following statutes of the State of Washington are adopted by reference, as
presently constituted or hereinafter amended, and wherever the word "title" or words
"this title" are used therein, the same shall be construed to mean and refer to RCW Title
66, and "this act" shall mean and refer to the Washington State Liquor Act
66.04.010 Definitions.
66.20.200 Unlawful acts relating to card of identification and certification card
Penalties.
66.20.210 Licensees immunity to prosecution or suit Certification card as
evidence of good faith.
66.28.080 Permit for music and dancing upon licensed premises.
66.28.090 Licensed premises or banquet permit premises open to inspection
Failure to allow, violation.
66.44.010 Local officers to enforce law Authority of board Liquor
enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints, informations,
process, etc.
66.44.050 Description of offense in words of statutes Proof required.
66.44.060 Proof of unlawful sale establishes prima facie intent.
66.44.070 Certified analysis is prima facie evidence of alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in public place Penalty.
66.44.120 Unlawful use of seal.
66.44.130 Sales of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or
seal Unlawful operation, possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic beverages.
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66.44.170 Illegal possession of liquor with intent to sell Prima facie evidence,
what is.
66.44.175 Violations of law.
66.44.180 General penalties Jurisdiction for violations.
66.44.200 Sales to persons apparently under the influence of liquor Purchases
or consumption by persons apparently under the influence of liquor
on licensed premises Penalty Notice Separation of actions.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance Penalty against carrier Exception.
66.44.250 Drinking in public conveyance Penalty against individual
Restricted application.
66.44.270 Furnishing liquor to minors Possession, use Penalties Exhibition
of effects Exceptions.
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor Penalty.
66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out
minor as at least twenty -one, in public place where liquor sold.
66.44.310 Minors frequenting off limits area Misrepresentation of age
Penalty Classification of licensees.
66.44.316 Certain persons eighteen years and over permitted to enter and remain
upon licensed premises during employment.
66.44.325 Unlawful transfer to minor of age identification.
66.44.328 Preparation or acquisition and supply to persons under age twenty
one of facsimile of official identification card Penalty.
66.44.340 Employees eighteen years and over allowed to sell and handle beer
and wine for certain licensed employers.
66.44.370 Resisting or opposing officers in enforcement of title.
Section 2. Repealer. Ordinance Nos. 1368 §1 (part), 1677 §5, 1869 and 1904, as
codified in Tukwila Municipal Code Chapter 8.03, are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk•
APPROVED AS TO FORM BY: Passed by the City Council:
Published
Effective Date
Office of the City Attorney Ordinance Number.
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ITEM INFORMATION
CAS NUMBER: 07-011 I ORIG NAL AGENDA DATE: 1/ 22/07
AGENDA I IEM TITLE An Ordinance repealing the Curfew for Minors
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date A4tg Date 2/5/07 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pl/
SPONSOR'S There has been discussion regarding the repeal of the Curfew for Minors Ordinance. A
STJMMARY juvenile curfew ordinance similar to the City's ordinance has been ruled by the WA State
Supreme Court as unconstitutional. Based on the City's inability to enforce its curfew
ordinance, it is recommended that the ordinance be repealed.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/16/07
RECOMMENDATIONS:
SPONSOR/ADMIN. Repeal TMC 8.75
CoADdirrEE Unanimous approval to move forward to repeal the Curfew for Minors
COST IMPACT LFUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source: N/A
Comments:
1 MTG: DATE RECORD OF COUNCIL ACTION=
1/22/07 1 Forward to Regular Meeting of 2/5/07
MTG DATE ATTACHMENTS
1/22/07 1 Memo from Peter Beckwith dated 12/22/06 to the F S Cmte
Draft of Ordinance
Excerpts from TMC Title 8
Finance Safety Committee Minutes dated 1/16/07
2/5/07 Ordinance in Final Form
101
isoa
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE C:1'1 Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 1973, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 8.75, REGARDING CURFEW
FOR MINORS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Washington State Supreme Court has ruled that juvenile curfews,
similar to that set forth in Tukwila's Ordinance No. 1973, are unconstitutional; and
WHEREAS, the Tukwila City Council desires to repeal Ordinance No. 1973 to bring
the City's code into compliance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Repealer. Ordinance No. 1973, as codified at Tukwila Municipal Code
Chapter 8.75, entitled "Curfew for Minors" is hereby repealed in its entirety.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall be published in the official
newspaper of the City, and shall take effect and be in full force five days after the date of
publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk.
APPROVED AS TO FORM BY: Passed by the City Council.
PublisheA
Effective Date.
Office of the City Attorney Ordinance Number.
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COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-013 ORIGINAL AGENDA DATE: JANUARY 22, 2007
AGENDA ITEM TITLE Southcenter Blvd Water Main Replacement Project
Construction Management Services Supplement No. 2 with Anchor Environmental
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date 2/05/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW/
SPONSOR'S Construction Management Services have been negotiated with Anchor Environmental for
SUMMARY the Southcenter Boulevard Water Main Replacement project in the amount of
$89,615.00,The scope of work includes construction inspection, survey control, project
management, contract administration and documentation.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIB: 1/17/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplement with Anchor Environmental.
COMMITTEE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$89,615.00 $980,000.00
Fund Source: 401.02 Water Fund (page 78 79, 2007 Proposed CIP)
Comments: Includes $440,000 from page 79 and the Interurban Ave South Waterline Project
MTG. DATE I RECORD OF COUNCIL ACTION
1/22/07 1 Forward to Regular Meeting of 2/5/07
2/5/07 1
MTG. DATE ATTACHMENTS
1/22/07 1 Information Memo dated January 9, 2007
Consultant Supplement
2007 Proposed CIP pages 78 79
Utilities Committee Meeting Minutes from January 17, 2007
2/5/07 No attachments (see 1/22/07 Agenda packet)
COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-014 I ORIGE AL AGENDA DA 1'r:: FEBRUARY 5, 2007
AGENDA ITEM TITLE 2007 Annual Overlay and Repair Consultant's Agreement with KPG Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 2/5/07 Mtg Date 2/5/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The contract is for design of the 2007 Annual Overlay and Repair Program. The street
SUMMARY improvements include overlay for eight residential road sections as well as stabilization
design of the hillside below Slade Way, updating the plans for the intersection of Boeing
Access Rd /East Marginal Way S and updating the Pavement Management System program.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'1'r;: 1/22/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPG.
COMMIFILE Unanimous approval: forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$79,793.00 $100,000.00
Fund Source: 104.02 Commercial Streets (page 42, 2007 CIP)
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
2/5/07
MTG. DATE ATTACHMENTS
2/5/07 Information Memo dated January 17, 2007
Map, of site locations
Consultant Selection Rating Sheet
Consultant Contract with Scope of Work
Transportation Committee Meeting Minutes from January 22, 2007
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: January 17, 2007
Subject: 2007 Overlay and Repair Program
Project No. 07 -RWO1
Consultant Selection, Scope of Work, and Fee Estimate
ISSUE
Select a consultant to provide design and PS E for the City's 2007 Overlay Program.
BACKGROUND
Task 1
The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's
street system. The 2007 list of projects includes:
Street From To Type
1. S 158 St 42n Ave S 47 Ave S Residential
2. S 156 St 44 Ave S 47 Ave S Residential
3. 44 Ave S S 156 St S 158 St Residential
4. 47 Ave S S 156 St S 158 St Residential
5. 33' Place S S 140 St 33` Ave S Residential
6. 48 Ave S Macadam Road S 134 Place Residential
7. S 136 St Macadam Road 48 Place S Residential
8. 48 Place S 48 Ave S S 136 St Residential
Task 2 Residential
The hillside below Slade Way has experienced sloughing in the past year that should be
stabilized. Options will be prepared and reviewed for construction with the 2007 Overlay
Program.
Task 3 Commercial
The intersection of Boeing Access Road East Marginal Way was advertised in 2006 for
overlay and repair using federal funds. All bids were rejected. This project will be reviewed,
updated, and re -bid as a separate project.
Task 4 Commercial
The Pavement Management System program will be updated to reflect current conditions.
Mayor Mullet
Page 2
January 17, 2007
ACTION TAKEN
Three firms were short- listed from the City's consultant roster of firms that indicated they
provide expertise in pavement design, overlay design and pavement management. All three
firms were rated based on the expertise and experience necessary to perform the work. KPG,
Inc., was selected as the most qualified (see rating sheet attached).
KPG, Inc., has provided design and construction services for the City in past years. A draft
Scope of Work and Fee Estimate are attached.
RECOMMENDATION
Approve the selection of KPG, Inc., as the 2007 Overlay Program design consultant and
authorize the Mayor to execute a contract with KPG, Inc., in the amount of $79,793.00.
attachments: Map, Rating Sheet, Scope of Work, Fee Estimate
(P.Prujeac\A• RW RS Projear107RWO1 2007 ON erlaplCoo&k for2007)
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o 9 City of Tukwila 2007 OVERLAY PROJECTS
o'' Janua 17 2007 Vicinity
s rY Map
1 908
CONSULTANT SELECTION
2007 OVERLAY REPAIR PROGRAM
David Evans W H
Associates Pacific KPG
Project Manager 1 1 1
Pavement Design Rehabilitation
Repair Experience 2 2 1
Agency Overlay
Program Management 1 1 1
Tukwila Overlay
Program Knowledge 2 1 1
Pavement Management
System Experience 3 3 1
Expertise Using
Federal Funds 2 1 2
TOTALS 11 9 7
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
KPG
ENGINEERS ARCHITECTS LANDSCAPE ARCHITECTS
753 9th Avenuc N
Seattle, WA 98109
TEL 206/286 -1640
FAX 905/286 -1639
January 15, 2007
Mr_ Robin Tischmak, P.E.
City of Tukwila
Department of Public Works
6300 Southcenter Blvd.
Tukwila, WA 98188
Re: 2007 Overlay Program
Dear Robin,
KPG is pleased to submit to you the attached scope of work and hour and fee estimate for the
referenced project. The work scope includes preparation of plans, specifications and estimates
for the 2007 overlay program (3 sites ),.stabilization design on Slade Way, as well as
repackaging of the EMW /BAR intersection improvements for bid. Also included is a $10,000
allowance for pavement management support by Pavement Engineers, Inc.
Our total estimated fee for this work is $79,793, which is approximately 8% of the anticipated
construction budget of $980,000.
We are ready to start immediately on these projects. Please feel free to contact me at 206 -267-
1052 if you should have any questions or would like to discuss this proposal.
Very Truly Yours,
Nelson Davis, RE.
Project Manager
CONSULTANT AGREEMENT FOR
ROADWAY DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and KPG, Inc., hereinafter referred to as the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform roadway design
services in connection with the project titled 2007 Overlay Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $79,793.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price eamed will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attomey's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Tnsurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
2
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver -by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attomey's fees, incurred in such suit from the losing
party.
3
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 2007
CITY OF TUKWILA CONSULTANT
By:
Steven M. Mullet, Mayor Nelson Davis
Principal
Title:
Attest/Authenticated: Approved as to Form:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
4
Exhibit A
City of Tukwila
2007 Overlay Program
Scope of work
January 16, 2007
TASK 1 2007 OVERLAY PROGRAM
The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay
projects:
The 'Loop' S 156 Street, S 158 Street, 44 Ave S, 47 Ave S
48 Avenue S/S 136 Street East of Macadam to existing butt joint dead end
33` Place South 33` Avenue S to S 140 Street
The Consultant shall provide all necessary field reviews, base mapping, and utility notification
required to complete final bid documents. 40 copies of the final bid documents will be provided
to the City for bid advertisement. Interim review submittals (10 copies) will be prepared at the
90% stage of plan completion. The Consultant shall also prepare the bid tabulation, check low
bidder(s) references, and provide a recommendation for award to the City.
Permitting, environmental documentation, geotechnical review, or stormwater detention and
water quality have not been included in this scope and estimate.
The Slade Way slope stabilization project (Task 2) will be included in the bid documents for the
2007 Overlay Program. Some sites may be bid as alternates based on available budget and
other considerations at the discretion of the City.
TASK 2 —SLADE WAY SLOPE STABILIZATION
The Consultant shall prepare final Plans, Specifications and Estimates for stabilization
improvements on the Slade Way embankment and roadway edge. Stabilization improvements
will include review of geotechnical information prepared by others, preparation of cost opinions
for up to three (3) alternatives, and design of the preferred alternative. This scope of work
assumes that the alternatives will be reinforced earth or similar and does not include analysis or
design of structural solutions such as soldier pile or cantilever concrete walls.
Existing AutoCAD topographic base maps showing all utilities, contours, and right of way
location will be provided by the City. Previous geotechnical studies will also be provided by the
City and are assumed to contain sufficient information for preliminary design of the 3
alternatives. We have included a $5,000 allowance for geotechnical services which may be
required for final design of the preferred alternative.
This project site will be bid as part of the 2007 Overlay Program (Task 1).
KPG 1 of 2 2007 Overlay Program
TASK 3 BOEING ACCESS ROAD EAST MARGINAL WAY
The Consultant shall field review the previous design prepared for the City by others and make
appropriate modifications, if any, based on our field observations. The Consultant will work with
City staff to prioritize improvements and structure the bid proposal form to include up to two
alternate bid schedules to allow flexibility in awarding improvements with available budget.
Previous AutoCAD design drawings and Word document specifications will be provided by the
City in digital format. 40 copies of the final bid documents will be provided to the City for bid
advertisement. Interim review submittals (10 copies) will be prepared at the 90% stage of plan
completion. The Consultant shall also prepare the bid tabulation, check low bidder(s)
references, and provide a recommendation for award to the City.
Permitting, environmental documentation, geotechnical review, or stormwater detention and
water quality have not been included in this scope and estimate.
The Consultant will attend one meeting with funding agency representatives to review proposed
revisions to previous construction documents. The City will route all necessary information to
the funding agency for review and approval.
TASK 4 PAVEMENT MANAGEMENT SUPPORT
An allowance of $10,000 is included to provide support and upgrades to the City's pavement
management system. This work will be performed primarily by Pavement Engineers, Inc. under
subcontract to the Consultant.
KPG 2 of 2 2007 Overlay Program
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
2007 Overlay Program
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Task
Description
Task1 - 2007 Overlay Program
"Labor Hour Estimate
Total Fee
Senior
Engineer
$ 161.25
Project
Engineer
$ 113.06
Technician
$ 80.77
Clerical
$ 65.78
Fee
1.1 Coordination meetings
4
4
0
0
$ 1,097.24
1.2 Utility coordination
0
4
0
4
$ 715.36
1.3 Prepare base maps
4
4
0
0
$ 1,097.24
The Loop
0
8
16
0
$ 2,196.80
46th Avenue S / S 136th Street
0
4
12
0
$ 1,421.48
33rd Place South
0
4
12
0
$ 1,421.48_
$ 15,825.20
1.4 Prepare overlay plans (estimate 18 sheets)
16
60
80
0
1.5 Quantities / estimates
8
16
12
0
$ 4,068.20
1.6 Prepare specifications
4
16
8
8
$ 3,626.36
1.7 Prepare review submittals
0
2
4
4
$ 812.32
Reimbursable expenses - see breakdown for details
$ 1,450.00
Task Totals
32
118
144
16
$ 32 634.44
2.1 Coordination meetings
2
2
0
0
$ 548.62
2.2 Prepare alternative cost analysis
8
16
24
0
$ 5,037.44
2.3 Geotechnical coordination
4
4
0
0
$ 1,097.24
2.4 Prepare stabilization plans (estimate 3 sheets)
4
2
16
4
40
0
0
0
$ 5,684.76
$ 774.74
2.5 Quantities / estimates
2.6 Prepare specifications
4
8
0
4
$ 1,812.60
2.7 Prepare review submittals
0
2
2
2
$ 519.22
Reimbursable expenses - see breakdown for details
$ 1,550.00
$ 5,300.00
Task Totals
•___. 1 o _ - - - - - - - -
24
52
66
6
$ 20,774.62
3 . 1 Coordination meetings
4
4
0
0
$ 1,097.24
3.2 Field review previous design
0
4
4
0
$ 775.32
3.3 Plan modifications & updates
4
16
80
0
$ 8,915.56
3.4 Quantities / estimates
2
4
8
0
$ 1,420.90
3.5 Prepare specifications
4
8
0
4
$ 1,812.60
3.6 Prepare review submittals
0
2
4
4
$ 812.32
Reimbursable expenses - see breakdown for details
$ 1,550.00
Task Totals
14
38
96
8
$ 16,383.94
Task 4 - Pavement Management Support
3.1 Allowance for Pavement Management, Inc.
Task Totals
0
0
0
0
0
0
0
0
$ 10,000.00
10,000.00
Total Estimated Fee:
Estimated rates are based on:
Overhead as 156.77% of direct salary cost
Fee calculated as 15% of direct salary + overhe1129 /2007
$ 79,793.00
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
2007 Overlay Program
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Reimbursable Breakdown Cost
Taskl - 2007 Overlay Program
Mileage $ 200.00
Reproduction $ 1,250.00
Task 1 - Total $ 1,450.00
Task 2 - Slade Way Slope Stabilization
Mileage $ 50.00
Reproduction $ 250.00
Allowance for Geotechnical Review $ 5,000.00
Task 1 - Total $ 5,300.00
Task 3 - Boeing Access Road / East Marginal Way
Mileage $ 50.00
Reproduction $ 1,500.00
Task 1 - Total $ 1,550.00
1/29/2007
Transportation Committee
January 22, 2007 5:00 p.m.
Present: Pam Carter, Chair; Joe Duffle, and Pam Linder, Council members.
Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson,
Acting City Engineer; Gail Labanara, Public Works Analyst; Robin Tischmak, Senior
Engineer; Jon Harrison, Traffic Sergeant; Diane Jenkins, Administrative Assistant to the
Council.
Business Agenda
A. 2007 Overlay Program Consultant Selection and Agreement
Mr. Tischmak related that the selection of a consultant to provide scope of work, design, and
PS &E for the 2007 Overlay Program was being presented together in order to expedite the
process. Using the pavement management system and recommendations from the maintenance
depai liiient, a list of streets for the 2007 overlay program was developed. Ms. Carter noted that
the list was also compiled within the budgetary constraints. There are eight individual streets
within three different locations. She pointed out that Task 2, SIade Way (stabilization of
y,..,:
hillside); Task 3, Boeing Access Road/East Marginal Way (overlay and repair); and Task 4,
Pavement Management System (updated to reflect current conditions) would be included as part
of the project. She understood the need to expedite the project and would seek consensus of
council to forward this item directly to February 5 regular council meeting rather than submitting
the item to Committee of the Whole for discussion. Mr. Duffle noted that if there are time
delays, the cost of the construction project increases.
Mr. Morrow conveyed that updating the pavement management system is important in order to
prioritize all of the streets within the city. He continued and noted that this information would be
helpful if the residential street program was reinstituted. Mr. Tischmak commented that this type
of information is a useful tool for long -range planning. This will enable the City to assess
whether additional monies need to be allocated for the overlay program of city streets.
Unanimous approval to forward to February 5 regular council meeting.
New Business
Mr. Morrow indicated that discussions are ongoing to get commitments from Seattle City Light
to complete its work on Tukwila International Blvd. and S 144. Ms. Carter noted that it may be
helpful to provide a timeline of events as they failed to fulfill their commitment. Ms. Carter
noted that city staff was working hard to remove graffiti throughout the city. Different methods
are used to repair the surfaces being defaced. Some items cannot be painted until the weather is
warmer. The surfaces will be prepared for painting at a later time. Mr. Morrow reported that
the wind storm cost the city $25,000 in overtime. Mr. Morrow also updated the committee on a
request from the City of SeaTac to restrict the traffic on S 178 to one -way (eastbound going
down the hill). SeaTac is concerned with traffic backing -up into the neighborhood. The
westbound traffic (going up the hill) would have to use an alternative route. He conveyed that
the City is not interested in supporting this. The girder needs to be replaced on S. 178 the
overpass/bridge, the girder needs to be replaced. It is estimated that the repair could take
anywhere from 6 months to 2 years. This is a WSDOT project. Mr. Morrow reported that there
is no immediate danger to the structural integrity, the bridge can function and, therefore, it is not
a high priority to WSDOT.
Adjournment: 5:30 p.m.
Committee Chair Approval
Minutes by DJ. Reviewed by GL.
Tentative Agenda Schedule
MONTH MEETING 1 MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
February 5 12 20 (Tuesday) 26
19th Special Presentation: Special Presentation: Special Presentation:
See agenda packet Results of ESL Update on State of the
Presidents' Day cover sheet for this P
m
(City offices closed) Summit King County Municipal Court
week's agenda (Bonnie Olson, International (Judge Kimberly
(February 5, 2007 Emerging Design Airport Roundtable Walden)
Regular meeting). Consultants) (Kathleen Crabtree)
Economic analysis
2006 Chamber of Annual Tourism of the real estate
Commerce report Community report market along
(Nanny Damon) (Katherine Kert_num) Tukwila Intl. Blvd.
S pecial Issues: (Matthew Gardner,
2007 Compre- Gardner- Johnson)
hensive Plan Special Issues:
amendments Jail alternative
Southcenter Square program
street names
March 5 12 19 26
Public Hearin¢: Special Presentation:
An ordinance COPCAB recognition
clarifying Zoning Code of City employee and
language regarding City volunteer who
development of exemplify the
substandard lots community policing
within the City model
Unfinished Business:
An ordinance
clarifying Zoning
Code language
regarding
development of
substandard lots
within the City
An ordinance
repealing Ordinance
2142 which estab-
lished a 6 -month
moratorium on
development of lots
not meeting City's
minimum lot size
2007 Comprehensive
Plan amendments
(public meeting format)
April 2 9 16 23
Special Issues: Unfinished Business:
30th 2007 Comprehensive 2007 Comprehensive
Fifth Monday of the Plan amendments Plan amendments
y COMMITTEE OF TH E
month —no Council WHOLE MEETING TO
meeting scheduled BE FOLLOWED BY A
SPECIAL MEETING
Upcoming Meetings Events
FEBRUARY 2007
5th (Monday) 6th (Tuesday) 7th (Wednesday) Stir (Thursday) 9th (Friday) 10th (Saturday)
Finance Safety Chamber of Sister City 10th Birthday Human
Cmte, Commerce Gov't. Cmte, Celebration Services
5:00 PM Community Affairs 5:30 PM Advisory
(CR 43) Cmte., 12:00 NOON (CR 63) 4:00 to 6:00 PM Board.
(Chamber Office) Tukwila 10:00 AM
City Council Community Center (Human
Arts Commission, Seattle
Regular Mtg., 1 Services
5:00 PM
Southside
7:00 PM A office)
ne Visitor Services oob
(Council (Community Center) 2007 Tourism
Chambers) Networking 9 tD
Utilities Cmte, Meeting,
5:00 PM 12:00 NOON Help celebrate the
(CR 41) (Hilton Seattle Community
Airport Center's 10th
Conference birthday! Cake and
Center Crystal punch will be
Ballroom ,4) served in the lobby.
For more
information call
206 768 -2822.
12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Fridav) 17th (Saturday)
>Transportation Community Affairs Domestic FEB. 17 18
Cmte, Parks Cmte, Violence Task
5:00 PM 5: 00 PM Force, Free chipper days
(CR 41) (CR 63) 12:00 NooN for windstorm
(CR 45) debris.
Civil Service Highway 99 Please bring tree
Commission, Action Cmte, limbs only.
5:00 PM 7:00 PM No garbage or
(CR 63) (Community Center) limber will be
accepted
City Council 1 0:00 AM to
Committee of the 3:00 PM
Whole Mtg., Foster High School
7 :00 PM parking lo!
(Council
Chambers)
Apartment Manager? Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206- 431 -2197.
>Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7 :00 PM, Council Chambers at City Hall.
>City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room 43. Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 43.
>COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 65. Police Dept. at 206 433 -71 5.
Crime Hot Spots Task Force: 3rd Wed., 10 :00 AM, Conf. Room 65. Contact Police Department at 206- 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf Room 45. Contact Evie Boykan or Stacy Hansen at 206-433-7180.
>Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Diane Jenkins at 206- 433 -1834
Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 43. Agenda item for 2/5/07 meeting: (A) Draft contract for
animal control services. (B) Contract with Encore Media West for Seattle Sourhside ad in 2007 Washington State Visitor's Guide.
(C) Citizens' Academy concept. (D) Youth related activities. (E) Council laptops. (F) Donation of surplus fire equipment.
(G) 2006 4th Ouarter (year -end) report.
>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
>Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433- 7180.
Human Services Providers: Quarterly, 11:30 AM, TCC (2007 3/16, 6/21, 9/21, and 12/7). Contact Stacy Hansen at 206- 433 -7181.
>Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206- 575 2489.
>Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Kimberly Matej at 206- 767 -2342.
Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at206- 431 -3670.
Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 63. Contact Bev Willison at 206 -433 -1844.
Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 61.
Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf Room 41. .4genda item for 2/6/07 meeting: (A) Council Chambers Remodel
Project completion and acceptance. (B) 2006 Small Drainage Program Project completion and acceptance. (C) 'Viler District 125
infrastructure transfer agreement. (D) Amendment to the sewage disposal agreement with Metro King County. (E) 2006 4th Quarter
(year -end) report
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).