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Home My WebLink About1971-06-16 Council PacketKenai City Council Meeting Packet June 16, 1971 Kenai, Alaska Welcome to the CiW Council Me-eting The members of the Kenai City Council welcome you to tonight's meeting. Kenai has wh~t is known as the Council-Man.er form of government. The members of the Council are elected by the residents of the City at l~rge, and meet at least twice a month to conduct City business. The City Manager is employed by the Council to conduct .the business of the City and to administer the Council's policies. We wish to encourage participation in the proceedings of the Council and hope that you will feel free to express your thoughts and opinions. If you wish to bring up a matter which does not apPear on the agenda at a regular meeting, you may be heard under CITIZEN'S GRIEVANCES AND REQUESTS, at the end of the Council agenda. However, it is preferred that you write the City Manager in advance so that your subject can be placed on the agenda. (The normal meeting pattern is the 1st and 3rd Wednesday. however, when the amount of business justifies, the Council will meet at special called meetings, To ascertain the coming schedule, call the City Manager's office.) Your letter should be tn the City Manager's office not later than Wednesday preceding the meeting you wish to attend, and should indicate m some detail the nature of the subject on winch you wish to speak. By doing so the Mayor and all members of the Council will be awar~ of your intention to speak before the meeting and will be betm~ ~~sd to answer questions, on the subject you wish to discuss. We appreciate your interest in coming to this meeting, and hope you will be a regular visitor to ~e meetings of your City Council. ~ ii i ii j ii ii iiii i i i i i ~i__ ~i Mayor Steinbeck City Manager City Council John Steinbeck, Mayor Hugh Malone Jim Hornaday Bob Norene Tru McGrady Bob Bielefeld Nancy Powers (Jr. Jim Doyle Judi Browning (Jr. ¢n.1~. ) E. H. Glotfel%y Raymond D. Bart city Manager Finance Director James E. Fisher Sharon Sterling City At~rney Acting City Clerk Ae B, C· D· E. AGENDA REGULAR MEETING, KBNAI CITY' COUNCIL JUNE 15, 1971, 8'00 P.M. ROLL CALL PERSONS PRESENT SCHEDULED TO BE HEARD' 1. 2. MINUTES 1. Regular Meeting of June 2, 197'1 2. Public Hearing of June 9, 1971 CORRESPONDENCE 1. Letter H. A. Boucher, Lt. Governor - Development Program 2. Letter Se.n Ted Stevens - Development Program 3. Irene £. Ryan - Civic Center REPORTS 1. City Manager's Report a. Things to d° list - 2/June/?l b. Meeting with Financial Consultant Don Meyers, Tuesday 22., June 1971. Sell a million dollars of G'.O. Bonds. Memo. Public Sale, 1 August 1971. · 3. 4. 5. 6. 7.. d · e · f · g· i. raw power City Attorney Mayor City Clerk 'Finance Director Planning & Zoning Borough Assemblymen Request for 50 units of Native Housing, FAA HoUsing Area, Joint development agreement with Kenaitze Group - Memo. Bids advertisement Sewer Treatment Plant - 25 June 1971 Bid opening 25 J. uly_.'_ 1971. Bid advertisement'-Public Safety Building IS. July 1971, Bid opening 15 August 1971. Bid advertisement Kenai Urban Section (State) 22 June 1'971 Bid open'lng 22 July 1971 Bid opening Small Boat Harbor (State) 25 June 1971 Resolution Homer Electric Association - Membership Letter - Rates City to pay Homer Electric Assoc. for ,~GENDA, REGULAR MEETING''KENAI CITY COUNCIL, JUNE 16, 1'971 Page two F· G. OLD BUSINESS 1 Resolution 71-28 2. Resolution 71-24 3 August 1971.. 3. Ordinance 197-71 4. Ordinance 198-71 - Adopting Budget - Setting Mill Rate - Setting Date for Special Election Sale and Permit to H£A - Sale Tax Effective date 1 July 1971 - Omission in Vehicle Code · · 0. Architect Agreement - Public Safety Building & Civic Center with George Filler Dedication of Land in Industrial Air Park for local Government use - Map Final payment - Stanley S. McLane - House Numbering & Street Naming - Balance Due $518.50 Shopping Center Connector Street - NEW BUSINESS 1. Bi'd Award - Robinson Construction Company $3,4'53,57- 2. Adopt collection procedures-of HEA for all Kenai City Light Customers - City Manager 3. Garbage Collection - Request - Mr. Ron Miller - Memo. 4. Support City of Seward for Public Hearing' on Wilderness proposal - Request for Hearing in Seward. 5. Lease - Lloyd McConnell - Airport 'Land MINUTES PUBLIC HEARING ON BUDGET 1971-72 7'30 P.M~ KENAI LIBRARY JUNE 9, 1971 ROLL CALL' Members present - Rober~ Bie!efeld, James Doyle, Tru McGrady,· R~-bert Norene .and Mayor John Steinbeck~ Exoused absence -James Hornaday and iHugh Malone. Mayor Steinbeck opened the meeting for a Public Heari~"lg on the Budget 1971-72, and turned the meeting over to 'the City Manager, Edwin H. Giotfeity~ Mr~ Giotfelty asked if there were any questions they w'ill be discussed as the ~budget is read page by page.~ Police Department ~. _P]~-I .,: The ,~....~ spat~~'~~ ~ ,~.~. will not be until the Public Safet---~ Building is co'n.::~;tructed. The various departments will rent each. piece of equipment assuming, the Shop owns e'verYthing. Cemetery, 36-1. The Planning and Zoning Commission may 'want to move it to a different location but the City has an obligation to .up-grade the present one. Fort Kenay, 41~I~ The amount budgeted for Fort Kenay is aside from the Capital Improvement Program. Recreation,_ 44-i~ A full time RecreatiOn Diz~ector was budgeted to run a recreation program summer and win'ter. The major emphasis will be on children but there will 'be 'basketball, soft- ball eto. for'~ aduits~ Kenai. City Light, 98-1. 'If the final agreement lis approved, there 'will 'be a need foz'~ a Special Election for~ N'o~ 1. authority for the Sale of KCL. No~ 2. to grant a 30 year permit to HEA to operate within the City limits~ Municipal ShOp,__.5i,_[!_. A1.Hudson felt the City's need for a proper City Shop, The City'. Manager stated the few" buildings they have in mind are too small. MINUTES, PUBLIC HEARING ON BUDGET 1971-72, J~UNE 9, 1971 Page t~wo The City Manager asked if there were any further q.uestions or comments. Johnny Johnson commended the City Manager, 'the Finance Director and the Council on a good budget and for the reduotion of the ~mil! - levy to 7 mills. The Cindy has oaptured $!~276~000 in grants for the Capital Improve- ment Program~ The Mayor ¢iosed the public hearing~ The City Manager recommended $i2,000 from the unappropriated surplus ~o be p~ut into a fund for the Shop ~Maintenanoe Building' Being no objections it ~was so ordered~ Meeting Adjourned 9°45 P~M~ Respect fully submitted, sharon Ste~ling, A~ting City Clerk. ., WILLIANI A. E~AN ~OVrFtNOR ST AT E~ F ~LA~ HI. A. BC) LIC:HER LI ELITE:NANT GOV£FINOR - LIEUTENANT GC)VE~NOR June 11, 1971 Mr. Edwin H. Glotfelty City Manager P. O. Box 58.0 Kenai, Alaska 99611 Dear Ed: CONGRATULATIONS, TO PROGRESSIVE KENAI!t tl~tt We were delighted to learn the results of your recent bond election, especially the wide majority by which each issue passed. It is heartwarming to know the positive attitude that the citizens are taking toward their future. As one involved in local government, I know how much hard work the Mayor, City Council, and Administration put into this effort. Needless to say, you' can be assured of our efforts on your behalf as you move toward putting the total program together. Warmest personal regards. Sincerely yours, H. A. Boucher Lieutenant Governor ~ M, JACICION, W&IH. CN&iRMAN ~ P. ANDERiQN, N. MI:X, e01KX)N ALLO'I'T, GM.O. A&,AN BIBLE, NBV. ~ lB, JORDAN, IDAHO ~ GHUNCH, IDAHO PAUL J. IfANNINt ARIZ. IFRANK E.. MOte, UTAH GLII'I'ORD P. HANIEN, WYO. ~ M&'I'~.,AI~, MONT. HENRY BEI.L. MON, OKLA, MIKE elL4~VKL., AL,AIKA JImRY T..VIXKLER, Im'Alq/DIR~'I'OR COM M I'rTE~ ON INTI:~IOR )~ID INSULAR AFFAIi~ WASHINGTON, D.C. 20510 June 8, 1971 Mr. Edwin H. Glotfelty City ~anager P. O. Bex 580 Kenai, Alaska 99611 Dear Ed- Thank you so much for sending Kenal's Capital Improvements Program. I to assist at the federal level as these become formulated into project proposals government agencies. us a copy of will be happy planned pro Jects to different .well It is an ambitious program and in achieving its success. I wish you With best wishes, united States · Senator !- . · . . .. . DEPARTMENT OF ECONOMIC DEVELOPMENT OFFICE OF THE COAUdI$$1ONER -- JUN~U ~9801 · June 10, 1971 Mr. Edwin H. Glotfelty City Manager Ci.ty of Kena i 'Box 580 Kenai, Alaska 99611 Dear- Mr. Glo-tfelty' I have your letter of Jurm 4, 1971 on the subject of the Civic and Convention C~t..e.-r Bill. This~- Departnmnt has received the execute~ bill, and is in the process .of reviewing it and setting up the rules for its administration. When this Ms b~ completed wm will. advise you. In view of the importance of PlaR~ti.r~ &~)d prepmration for these civic centers, we intend to push lo--rd as rmpidly as possible. Very truly yours, Irene EI - Ryan Commissioner IER/Ce D F F_ THINGS TO DO LIST 6/2/71 Committment from HEA Board of Directors outlying membership option. Ordinance Amending Ordinance 167-69- Street Naming and Numbering. Set up Study Session for Monday, June 7 19 71 in City Manager's Office - Budget Review. Done In process Done .Set up Pub'lic Hearing for Wednesday, 9, 1971 at Library on Budget Review. June Done G - t Rewrite Ordinance 197-71 - Sales Tax Done Rewrite Resolution Special Election. 71- 24 - Setting up Done TO: FROM - SUBJECT: DATE: The Honorable Mayor and City Councilmen Edwin H. Glotfelty, City Manager Bond Sale June 16, 1971 Gentlemen: Tuesday, June 22, 1971, I have invited the City's Financial Consultant of record Mr. Don Meyer to be in Kenai to dis- cuss with the ~Council the selling of a million dollars of the bonds authorized by the voters at the referendum on May 25. Sale of the million dollars offer~.ng is to finance the programs which we promised to .the people of this community and to get all of the programs under way. At least, into . the planning stages this season. I have talked with the Financial Consultant and the Bond 8onsultant of the National Bank of Alaska. Mr. O'Connell and I went to Anchorage last week and discussed the possibilities of the National Bank of Alaska buying the City of Kenai's Bond at a public bond sale and they assured us that when the City of. Kenai held a public bond sale, they would bid on the bonds. I have a meeting next week with the Chairman of the Board and the Financial Advisor for the Alaska State Bank in Anchorage- We now need a Financial Consultant to put this package to- gether because of the reliability that is placed in their judgment by the people who bid on the bond in the open market. I also feel the need for a Standard and Poors rating for the City of Kenai. Compared to the other municipalities through out Alaska we would be ranked among the top three, those being Paqe -2- Bond Sale Anchorage, Fairbanks an~ Kenai. Due to the assessed va1- uation and the number of bonds that we have outstanding are few compared to the authorization that we have compared to the tax base of the City. I have in the past explained my reasons for using Mr. Meyer. The amounts that I recommend selling at this time are listed be low: $40,000 - development and planning of the Civic Center $200,000 - Water and Sewer $450,000 - Public Safety Building $35,000 - Airports $35,000 - Parks $ 5,000 - Small Boat Harbor $ 235,000 - Street Improvements Th.ia is a tote] of $1,000,000 and certainly adequate to get our init'ia] proofam' under way and several of the projects ~Pleted before the fi. rst of January, 197~. I wo%~ld antic- tpate this bond issue going to public sale on or before the f~rst of August and a determination at that time, after the bids are received, whether we should brea~ this $1,000,000 into smaller issues and Offer it to the financial institutions of the State.. I think it all depend~ on the bids that the City receives on the initial issue. To make this total project a success I recommend that the Mayor retain his Committee for the Capital Improvements Pac~e --3- Bond Sa].e intact to o~,ersee the progress by the Administration on the tot.al. Cap~%.al Improvements Project. In additio- to this Committee, I would recommeDd that three co~ittee$ be formed pr:i.mar~ly for the development of the Civic Center. The first; Library Committee, the second a Com~.ittee to deal wi.th the Health Se~,.ices of the community, the third Committoe to deal with the suimmin~ pool and Convention 'cent~,r Complex. For the Water and Sewer I recommend that a citizen's committee · be formed for analyzin~ the water and sewer assessments 'and the procedure that should be followed for the devolopment of these assessments on the total project. A committee has been. formed by the Volunteer Firemen for the Public Safety Building. A committee should be formed of the fixed based operators of the airport for the ~evelopment of the airport facilities with~,n the ~rant monies and bond issue .that we have available. Three committees should be formed for. the Parks and Recreation · one to include the Mayor's cOmmittee on Fort Kenay.; a committe to develop the Rifle Ranges; a committee for the development of the l~ecreational facilities; the Mayor's Comm'[t~eo on the A.q~ng to develop the Cemetery complex. Page -4- Bond Sale A committee should be formed for the Small Boa.t Harbor improvements. A fairly sizeable committee should be formed for the street assessments. This may dove tail .into the water and sewer assessments, so possibly one committee could be used for water and sewer and street assessments. After each committee has made the recommendation, it would require action by the Planning Commission and back to the Council for their final consideration and approval.. This is a very comprehensive complex development program and to make it a workable program and a program that 'will be bens- cia! to the community, as many .interested citizens of the · (m~muntty should be involved as we can possibly interest in · the pro j ect s. I know what I am su~gesting means a meeting every night throughout the sUmmer, but this apProach ].s a way to keep the Counc]~ 1 and Administration informed of the co~mu.nity needs and wants. Thank you for your consideration in this matter. Sincerely yours, Edwin H. Glotfelty C i ty Manag er TOo · FROM: SUBJECT.- DATE: THE HONORABLE MAYOR AND CITY COUNCILMEN EDWIN H. GLOTFELTY, CITY MANAGER NATIVE HOUSING JUNE 16, 1971 Gentlemen: There is a very good possibility that the City of ~ able to enjoy 50 ~its of native housing in the ve~ near - future. If the Council authorize~ the A~inistrat~on to ~rk ~ ~~'s end we do have a fo~l r~est f~ the Kenaitze Indians Group, ~. George Miller, Jr., asking that the City of Kenat help th~ to ac~ire the housing that ts pre.~tly ne~~ for their constituents.. It is not as' yet clear Agency of the Federal G~er~ent w~11 be handling these housing units. There are several pr~r~s fr~ which these ~its ~y be available. ~e first being ~e Native Housing. Bill which is to be a inister the Alaska F~eration Natives. The second ts the Bartlett Bill ~ich is being ministered by the. Alaska State Housing AUthority and the th~rdjii possibtt, lt¥ would be a ~rant for Turnkey Three houst, nq the Department of Housing and Urban .Development. 'We feel sure that homes are available and that there is a need in this munity for low cost housing for the members of the native. community. The Kenaitze Indians, through the Bureau of Indian Affa~$s, ~.~i(~ has requested title of the area being vacated on July 1 by P~'e. -2- Native Hous the Federal Aviation Administration. The Bureau of Indian Affair~ has made a request for this land through the General Services Administration and I received a call from Senator Stevens Monday, June 14, indicating that the Bureau of Indian Affairs would acquire this land unless the City of Kena~ a~d the Native Organizations work to~ether for a 'joint use and development of this area. I feel that it would be beneficial to the citizens of this community and to the Mayor' and Council if a joint development agreement were entered into 'with .the Kenaitze Native GroUp. ! do feel that a concentration of l'ow ~._ncome houses in any ~pecifJc area is desirable for the complete development of the com~.unity. I believe 'that the area that the F. A. A. occupies should be used for a number of homes anticipated, bu.t I feel that the majority of these homes should be on ~cattered lots throughout the community. This program, again, will take a concentrated effort by the Administration and by the local NatSve Group.s if it is going to be workable. .. I would like your indication on the actions that this. Administration should take to accomplish what is best for the total community. Sincerely your.~, Edwin }~. Gl. otfelty City Manager HOMER, ALASKA 99G0:5 June 9, 1971 Mr. Edwin H. Glotfelty City Manager City of Kenai Kenai, Alaska 99611 Dear Ed- We are attaching a copy of a Resolution concerning the residents of Kenai and-their relationship to our Association after the effective date of our proposed agreement to purchase the electr, ic system. This Resolution is in accord with Section 5 of our published Service Policies governing the Homer Electr'ic Association. These Service Policies are filed with the Alaska Public Utilities Commission and any major deviation from them will necessarily have to be approved b-v t'he Commission. S:t'~cerely yo~rs, HOMER ELECTRlt ASSOCIATION _ W. C. Rhodes General Manager INC. WCR' em -Enc. HOMER ELECTRIC ASSOCIATION, INC. Homer, Alaska June 8, 1971 RESOLUTION WHEREAS, it is the intent of the Homer Electric Association, Inc. to operate and purchase the electrical facilities known as the Kenai City Light System, and- WHEREAS, a condition of receiving electric service under the existing Bylaws of the Association requires that persons receiving electrical service from the Association shall become members. NOW, Tt{EREFORE; BE IT RESOLVED, That the electrical consumers of the City of Kenai will be requested to become members of the Homer Electric Association, Inc., BE IT FURTHER RESOLVED, That five dollars ($5.00) of each security 4eposit to be transferred to Homer Electric Association by the. City, be assigned to Homer Electric Association for each electric consumer on the City's System to be cre~tted to the membership fees of the Association. BE IT FURTHER RESOLVED, That said membership fee and all other deposits will be refunded by the Association under terms outlined in its published Service Policies. CERTIFICATION I, John .W. Willis, do hereby certify that I am Secretary of the Homer Electric Association, Inc., a cooperative corporation organlz~d and existing under the laws of the State of Alaska, that the foregoing is a complete and correct copy of a Resolution adopted at a Regular Meeting of ~he Board 'of- Directors of this Corporation, duly and properly called and held on the 8th day of'June, 1971; that a quorum was present at the meeting; that the Reselution is set forth in the minutes of the meeting and has not been rescinded or modified. I~ W'ITNE$S WHEREOF, I have hereunto subscribed my name and affixed the Seal of thins Cor~paration this 8th day of June, 1971. 'j~n W. Willis,. secretary ~ O~ 0 0 H-O I~O~m ~ ~ I--,- F--, miD., rl'~O ~' - ~ m M · d-m O O ~.r~ 0 0 l~t~ ~ ~ ~,* ~ M~ r~'O 0 ~o, ~ i~. · ~0 H-0 m ~ 0 ~0 0~~ ~ .~0~ · H-~ 0 ~ ~ ~ O~ 0 ~~ 0~ -0 ~ I ~ ~0 'O 0 ~' H ~fD Q 0 O Ho0 ~ 0~ H 0 L~ ~0 O r~ ~0 0 0 r~ 0 0 ~0 0 ~ 0~ 0 0 ~ 0 r~ {!) 'H po 0 c-i 0 0 0 0 ~r~(~ 0 ~ · 0 0 ~0 r~r~ 0 0 0 ~ ~h~ ~h fi) 0 0 0 RESOLUTION ~71-24 A RESOLUTION CALLING FOR A SPECIAL ELECTION ON TUESDAY, .3 AUGUST 1971 FOR THE PURPOSE OF RATIFYING THE LEASE ~[ND EVENTUAL-SALE OF THE pROPERTIES OF THE KENAI CITY LIGHT ELECTRIC UTILITY TO HOMER ELECT'RIC ASSOCIATION AND OPERATING A 30 YEAR USE ,PERMIT IN THE CITY OF KENAI FOR THE OPERATION OF THE ELECTRIC UTILITY WHEREAS, there are certain economics to be realized for. a single operating uni~t, WHEREAS, it seems the interests of the Citizens of Kemai and the Consumers of the Kenai City Light would best be served by this single unit of operation, and, WHEREAS, in order to operate the system a permit for the use of the Street and Public Right of Way will -be required for a minimum term of 30 years, and, WHEREAS, the Citizens of Kenai have a vested interest in the Kenai City Light System, and, WHEREAS, to further the health, welfare, safety and convenience of the inhabitance of the~ City o.f Kenai it is deemed necessary and advisable that the City lease and eventually sell the properties of the Kenai City Light System to Homer Electric Association NOW THEREFORE, be it resolved' by the City Council of the City of Kenai as follows: 1. It is hereby found and declared that the public health, welfare, safety' and convenience require that the City lease and eventually sell the properties of Kenai City Light Electric Utility to Homer Electric Association 2. It is hereby found and declared that the public interest would best be served by granting a 30 year use permit for the use of the Public Right of Way, easements and streets for installation of electric distribution facilities 3. A proposition whether or not the City shall lease and eventually sell the Electric Utility System to Homer Electric Association be submitted to the qualified voters at a Special Election to be held on August 3, 1971 for thier ratification or:.~ rejection Passed this ........ day of June 1971 John F'~~ steir~e-C~L, M'aJyor 'sharon st~'~lin~,' Acti'ng'"Ci%Y' clerk CITY' OF KENAI UTILITIES BOX 580 - KENAI, ALASKA 99611 - TEL 283-7535 JUne 15, 1971 Mayor and Council Box 580 Kenai, Alaska RIi' Implementation of sales tax. In accordance ~ith the directions of Council, On Frid.ay~ 11 June 1971, a meeting ~as held ~ith the Borough Chairman~ Borough Fiaance Director, and Borough Attorney, Finance Director' BUtt, and mysel£, to coordinate the implementation and administration of the sales tax in order to meet~' the '1 J~ly 1971 deadline. We agreed, upon the £ollo~ing' 1. A schedule for computation of sales tax ~ill be prepared by Finance Director Hille and reviewed by ~r. B.urt. . 2. A reporting form for sales tax will be prepared by Mr. Hille, and- ... reviewed by Finance Director Butt. 5, After the 1st of July, 1971, additional matters relating to collection procedures' can be "ironed out". 4. The Borough Code of Ordinances will require some changes, but.~the¥ are believed to be minor. Such a change:usually r'equires approximately 90 days. Also, such changes should probably a~fect the administration rather tham the legal b~i$ of the tax itself. The levy, o£ course, will be an individual and separate one by the City o£ Kenai. 5. A contract for the administ-rati°n of. the sales tax will be prepared for execution and aPproval by the respective agencies. 6. The proeedures in this tax, or rather the time deadline, are approxi- mately as follows' a. Levy of the tax by passage of the Ordinance. b. Be-certain that the informational materials -- the tax schedules primarily -- are in the hands of the retail merchants in Kenai by the elective date of the tax. . c. The other required materials, primarily a reporting form, in the hands of the merchants as soon after the 1st of July as possible; however, the actual tax reports are not due until the end of October. 7. I would suggest some type of informatinnnl notification of the effec- tive date of the tax, rather than relying upon publ'ic, news' reports.' For example., a personalized letter and accompanying tax schedules from either respect ire the Mayor or the Manager might be in. o~~er to ar~~. to.t. cc. BoroUgh ^tto.rney ty ^ttorne¥ AMENDMENT NO. 1 TO PENDING ORDINANCE - CI.TY OF KENAI - ORD I NANC£ 197 - 71 It. was moved by , and seconded by , and passed by unanimous roll call vote .that' A. .So much of Section 1 of pending Ordinance 197-71 as pertains 'to proposed Code Section 7-29, and Ordinance Section 2 be deleted from the pend- lng version of Ordinance 197-71. B. Substituted and enacted in lieu of the deleted sections are the provisions entitled "Borough Sales Tax Adopted by Reference -- Section 7-29" "T , ax Schedule -- Section 7-30" and Section 2 in the form and language as stated in the proposed amendments attached hereto. BOROUGH SALES TAX ADOPTED BY REFERENCE Section 7-29 Incorporated by reference in this Code as though each designated c~de provision was set forth verbatim herein- , are statutes consisting of ordinances and/or code provisions of the Kenai Peninsula Borough, or such identified portions thereof, identified by catchlines, and the code section reference numbers aS follows' CODE SECTION NUMBER SeC. 2S.10.010 Sec. 25.10.01S (Omit subparagraph (1) Sec. 2S.10.020 Sec. 2S.10.02S Sec. 25.10.030 Sec. 25.10.03S Sec. 25.10.050 Sec. 25.10.055 Sec. 25.10.065 Sec. 25.10.070 . .Sec. 25.10.075 Sec. 25.10.080 Sec. 25.10.085 Sec. 25.10.086 Sec. 25.10.090 Sec. 25.10.095 CATCIILINE Obligation to Pay Taxes Custody, Reporting, and Remittance Exemptions Max imum Tax Definitions Installment Sales Registration of Sellers as Tax Collectors Seller Not to Assume Tax Protest of Tax Registration of Buyers Entitled to Exemption, Con£idential Material Duty to Keep Books Omissions and Civil Penalties Lien Extensions Criminal Penalties · TAX SCHEDULE " Section 7 3 (a) The tax to be added to the sale price, charge or rental shal{ ~ in accordance with the following schedule: Tax Price ."1~' · For sales above $1.49, the tax shall be determined by applying one per- cent (1%) to the sal'e price, charge, or rental rounded off to the nearest cent by eliminating any fraction less than one-hal£ cent 'and by increasing any fraction of one-half cent or over to-the next highest cent'. Each seller shall, be furnished the schedule of tax payable On each taxable amount from dollars $0.01 to $100.00. Any one sale of items separately .priced shall be taxed upon the aggregate amount. · · · (b) The revenue from a coin-operated machine shall be treated in gross on a monthly basis, without reference to the amount paid or played on a particular transaction. Section 2. An emergency is hereby declared an the rules governing in.tro~r~-~-ff~, reading, passage, and approval o£' this Ordinance are hereby suspended., and this Ordinance shall become effective the 1st day of July, 1971. · . -. . .tirst reading 2nd day 'of June 1971. Emergency declared day of , 1971. PASSED day of ._ , 1971. ' · ' CITY OF KENAI ATTEST' ~ - · . By ayor ,:.-'..~ ::'~ :.. - ~~ctxng : fry' :e~k NOTE' Attached hereto for ready reference is a copy of the Kenai Peninsula Borough Code Provisions incorporated by reference. ~' .... . CITY OF KENAI - ORDINANCE 197 - 71 PROVIDING FOR ENACEMENT OF A CONSUMER' S (RETAIL) SALES TAX BY INCORPORATING APPLICALBE PROVISIONS OF KENAI PENINSULA BOROUGH C~ODE INTO KENAI CODE, 1963 AS AMENDED AND PROVIDING SUCH OTHER AUTHORI~ZA- TION FOR ADMINISTRATION AND MANAGEMENT OF SUCH AN ENACTMENT AS IS REASONABLY REQUIRED AND DECLARING ~AN EMERGENCY. WHEREAS, at a special election on May 25, 1971, in Kenai, Alaska, the voters of the City of Kenai very responsibly authorized enactment of a one percent (1%). retail sales tax to be dedicated to provide required funding for what has been commonly called City of Kenai 1971 Capital Improvement Program and WHEREAS, best administration of the authorized tax can be accomplished by utilizing the statutory fr~work presently provided by the. Code of the Kenai Peninsula Borough; BE IT ORDAINED BY THE. COUNCIL OF THE CITY OF KENAI: Section 1. That the Code of the City of Kenai,' Alaska, is hereby amended to add to Chapter 7, Article 4, the-following pr°visiOns:' SALES TAX LEVY Section 7-25. There is hereby levied a consumers' sales tax of one percent (1%) on all retail sales, on all rents, and on all services made or rendered within the City limits within the City of l{enai measured by the gross sales price of the seller. OWNERSHIP OF MONIES · Section 7-26. The one 'percent (1%) consumers' sales t.ax levied herein and all sales taxes collected are Cityof Kenai monies, and the seller is at all time accountable to the City Of Kenai for such monies. DEDICATION Section 7-27. All revenues of the consumers' sales are dedicat( to retire the general obligation bonds authorized at that certain special election held in the City of Kenai on the 25th day of May 1971.. It is th( intent of this dedication that the proceeds shall be used exclusively · for the purposes of repaying, retiring or otherwise discharging the City of th~ obligations of the bonded debt or obligation assumed, pursuant to the' authorization of the special election. RULING AND REGULATIONS Section 7-28. a. The Finance Director of the City of Kenai may take' any action necessary or appropriate to the implementation of this ordinance by promulgating regulations which may include the adoption of forms. Such regulations, or any' procedures, adopted by the Finance Director are effective at the time indicated by him, but are subject to revision or repeal by fhe City Council, at the next meeting following the effective date ·or at any time that the City Council .acts thereon. b.. Should a taxpayer Under this C'ode or a seller obliged to collect the tax be in doubt as to the applications of the provisions to an actual.situation facing the taxpayer, or about to face the taxpayer th'e taxpayer may apply for an informal ruling on the issue. Ruling havin a general application,may at the discretion of the Finance Director, be. pr6mulgated as regulations. ' ' · .. BoROuGH SALES TAX ADOPTED BY REFERENCE Section 7-29. Incorporated by reference in this Code as though each designated statute was set forth verbatim herein, are statutes consisting of ordinances and/or code provisions of the Kenai Peninsula Borough, or such identified portions, thereof, identified by catchlines, customary abbreviations,~, and the code sections reference numbers as follows: CODE SECTION NUMBER _CATCHL!NE Sec. 25.i0.010 Sec. 25.10.015 (Omit subparagraph (1) Sec. 25.10.020 Sec. 25.10.025 Sec. 25.10.030 Sec. 25.10.035 Sec. 25.10.050 Obligation to. Pay Tax. Custody, Reporting and Remittanc( Exemptions Maximum Tax Definitions Installment Sales Registration of Sellers as Tax Col~ctors Sec. 25.10.055 Sec. 25.10.060. Sec. 25.10.065' Sec. 25.10.070 Sec. 25.10.075 Sec. 25.10.080 Sec. 25.10.085 Sec. 25.10.090 Sec. 25.10.095 Seller Not ~D~%ssume Tax Tax Schedule Protest of Tax Registration of Buyers Entitled to Exemption Confidential Material Duty to Keep Books. Omissions and Civil Penalties Extensions . · Criminal Penalties Section 2. An emergency is hereby declared and the rules governing the intrOdU6~ion, reading and passage and approval of this ordinance are' hereby suspended, and this ordinance shall be effective immediately upon l ts passage and approval. First reading ~__da¥ of June 1971. Emergency declared day of .. _, 1971.. PASSED day of .... _, 1971. CITY OF KENAI ' ATTEST: By: J3oHN F. ~TEINBECK, Mayor C£~Y' Clerk NOTE: AttaChed hereto for ready reference and information purposes is a photocopy of the .. codes. ·' incorporated by reference. CITY OF KENAI - ORDINANCE I98 - 71 Il I Il ill ...................... -~. P'~VIDING FOR INCORPORATI'O~ OF A PORTION OF TITLE 28 OF ALASKA STA INTO CHAPTER 19 OF KENAI CODE, 1965, AS A~ENDED, AND DEC'.LARING-A,~. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA' Se.~., .... !. That the Code of the City of Kenai, 19'63, as amended is ..... hereby £urther amended to add 'to Chapter 19, Ken~i Code, 1963, the following' provisions' VBHICLE REGISTRATION RF. QU..,,!REMENTS Section. 19-11. Inc.or~orated by reference in this ~de "'as 'though each ,~[esignated statute was set forth verbatim herein, are statute~ of the State of Alaska, or portions thereof, identified by the catc.hlines, customary abbreviation, and statute reference numbers as follows' S~A :~~ ~E SECTION NUMBER CATCHLINE Section 28.10.560 Ne~ owner to secure transfers No r s~d t 'ye icl Section 28.10.5.40 n- e ' en o~ers of 'h ,~ '. . 'r Sec 2. An' gency .~"~ee~'ebY~~-~ zn tion, reading, ~'d passage, and ap~oval of t~is ordinan~ ar-e.~ h. reb sus , and t~s ordinate shall ~ ~ffectiv} im. ediatel~ upon · p~s ~a~ ~nd app~pv 1~ ~irs. t read~ng ........ , ..... -._ da7 of June, 19~1 ATTEST- By- JOhn'"F', "$.t.'ei~:eck', .... Mayor sharon' $ier'l'ing,' AC"iin[ Ci'ty' Clerk~' 'b', - "1 ,~o. oo i ~o oo i N~U ----- ?-+_ O0 ST. iv2u~2 'u ~ ~,,o oo ~O. OO ~'t4~re'~ i - .... ~/....1 ~ 2 ~ ~ ~, · ~ uZoc~ "~ ?~ O0 REGISTERED LAND SURVEYOR P. O. BOX 468 ~I PHONE 262-4792 SOLDOTNA. ALASKA MR. GLOTFELTYt CITY MANAGER CITY OF" KENA I P.O. Box 8.50 KENA I t A'L A SKA JUNE 12~ lCj?1 RE: DEAR MR, GLO TFEL TY: HOUSE NUI~BER lNG AND NANING PROJECT FINAL REPORT I A. HAPPY TO REPORT THAT THE ABOVE THIS DATE. THE ITEI~IZED COST IS; LA BOR ....... · .......... · ..... . $6220. O0 PRINTING AND MATERIALS .......... 2~6.4~ PRO,JECT IS /100~ COI~IPLETE STREET AT To T.AL ENCLOSED IS HONTHS OF ~AY AND JUNE. PROJECT COST ............. :~lOz+ ~) I0 .'4+z+ A STATEI~ENT TO COVER THE WORK COI~IPLETED DURING THE STANLEY S. I~CLANE- INVC~E~;~ PLEASE PAY FROM INVOICE / qT/- BID OPENING MEETING, PROJECT 71 - 01, SHOPPING CENTER CONNECTOR .J~ 10, 1971 Z:00 P. M. ~RS~S P~SENT: )Ir. George L. Jaynes, Mr. Raymond D. Burr, Mr. Smith, Mrs. Awerty, and Mrs. Wallace Creary. ~tr, Jaymes stated that he had checked the Post Office and had received only three bids, Those three bids were from: Creary Truck t ng Company. Box 212 Soldotna, Alaska 99669 Robinson Construction Company Route 3 Kenat, Alaska 99611 Crown Construction & Equipment Rental Box 213 $oldotnao Alaska 99669 The b t-~ were ope~d by Mr.. J aynes. The ftr~t bid was Crown Construction and Equipment Rental Cmapany. The bid prelaesal ~ms prlMaerly sign:ed and received. Item 1 - $4.00 per cu. Yd. - total bid price $3'556 · Item 2 - Unit bid price - $4.70 - total bid Price - $5574-20 Item 3 - Unit bid price - $7.50 - total bid price - ~$35 Item 4- Unit bid price- $16.00 per lineal foot- total bid lartce- $96;0.00 TOTAL- B I O P RI CE - $12,625. O0 No~: ~ eeror Was found in his addition. He left the $.20 off of his ~'tal price. The next bid opened was from Robinson Construction Company. The bid proposal was properly signed and received. Item 1 -Unit bid price- $1.15- total bid price- $1022.35 Item 2 ' $1.17- total bid price- $1387.62 Item 3 - Unit bid price - $2..20 - total bid price - $74:).60 m ~ ~ 4 ' Unit bid price , $5.00 per lineal foot - total bid Price - $300.00 TOTAL BID PRICE - $3453.57 The last bid to ~be opened was from Creary Trucking Company. It was stated .that the bid sheet was the only one received, Mrs. Creary stated that they had received the addendum to the bid offering. Item 1 - Unit bid price - $1.60 per yd. - total price - $1422.40 Item 2- Unit bid price- $1.60- total bid' price- 1897.60 · Item 3 - $2.60 unit bid price - total bid price - $878.80 Item 4- $7.00 ~er lineal foot for unit bid price- $42'0.00 TOTAL BID PRICE - $4618.80 Mr, Llay.. nas stated that al! the bids received had been read and that the b.t'd~ Wt11 be looked over by the-staff, The most responsive decumnt wtll be recOmended and will go to the City Counctl a week .from last night, June 9~ 1971. Mr. Jaynes also stated that hopefully they wtll announce the aim. rd the fo 1 lowtng day. Iqr. Jaynes stated that at this point, the apparent low bidder would appear to be Robinson Construction Company. Meettn) ended 2:15 . [ ~wn Bone 11 Seperate se.sled b.Lds for cons'truction of approximately ~60 lineal feet, of gravel, ed str~®t will be received, by the City of K~nai, Box 580, Kenal, A~aska at the office of the City Manager until 2:00 P. M. Alaska Standard Tim~ June 10, 1971. ~n then at aaid office publicly opened and read aloud. Each bid must be submitted-in a sealed emvelope bearing., on the outside the name .of the bidde~, his address, and must be designated in the lower left hand corner. "Bid for Streets o Project 71-01." Bid opening date Jmae 10, 1971. ~ ow'met reaez'~'es · the righ~ to waive any informalities or to reject any or all bids. No bi~l'd~ ~y withdraw his bt:d within 30 ciaya af't~r the actual {tat~ of the opening thereof. Plans, specifications, an~ bid documents may be ob.ta~ed at ~he Ctty Hall in the Kenai Airport ?e~mimal l~ildi~g, '~. O. Box ~80, Ken~i~ Alaska 99611. CI'PY OF KENAI Edwin City Manager May 14, 21, 28, 1971 SUPPLEMENTAL GENERAL CONDITIONS · 12. Ennumeration of Plans, Specifications, & Addendum public Liability and Property Damage Insurance 1. ~nnumeration of Plans, Specificat. ions, and Addendum The following are the plans, specifications, and addenda which form a part of this Contract set forth in Paragraph 1 of the General Conditions - Contract and Contract Documents. DRAWINGS GEN~L CONSTRUCTION Drawing 'showing typical section. spEcIFICATIONS Information for Bidders Advertisements for Bids 4 sheets 2 sheets 1 .Sheet ADDENDA Addendum # 1 2' C~ntracto~rs P..ub!ic .Liability, Vehicle Liability., ...... and ProPerty D..amage insu. rance. As required under Paragraph 25 of the General Conditions, the Contractors Public Liability Insurance and Vehicle Liability Insurance shall be in amount not less than 100,000~ for injuries, including accidental death to any one person, and is subjeCt to the same limit for 'each person, in an amount not less than 300,000 on account of one accident and Contractors Property Damage Insurance in the amount of not less than 50,000 per accident and 50,000 aggreate. ,, The Contractor shall either would require each of his sub-con- tractors to procure and maintain during the life of his sUb- contrac Sub-Contractors Public Liability and Property Damage of the. type and in the same amounts specified in the preceeding paragraph, or to insure the- activities of his .sub-contractors in this. own policy. 3. ~0!~,, Harmles~ ,Agreement The Contractor agrees to protect, indemnify, and save the CITY harmless from and against all' claims, demands, and causes of action of every kind and character, including the cost o~ the defense thereof, arising in favor of Contractors employees, CITY employees, or third parties on account of bodily inj.uries, 'death, or damage to property in any way resulting from the willful or negligent acts or omissions of 'contractor and/or contractors, employees, representatives, or ~ubleasors, contractor agrees to assume all risk of loss or d~amage to CITY property arising from or incident to the work performed by contractor and which result from the wilful or negligent acts or omissions of contractor and/or contractor agents, employees, representatives or. subleasee. Bodily Injury Per Person (Per occurance) Property Damage (~er occurance) ,ooo.oo .~. 300,000.00 50,000.00 INFORMATION FOR BIDDERS 1. RECEIPT AND OPENING OF BIDS The City of Kenai (herein called the owner) invites bids on the form attached hereto', all blanks of which must be appropriately filled in. Bids will be received by the owner at the o~fice of the City of Ke~ until 2:00 p.m., Alaska Standard Time, June 1~,1971, and then at said .' offices pubicly opened and read aloud' "The envelopes con~aining the bids must be sealed, addressed to the City of Kenai, P. O. box 580, Kenai, Alaska and designated in the lower left handcorner ad "Bids for Streets Project 71-01. Bid Opening Date~ June 1~, 1971.9 Th~ ~" ~Wnerr-'m'~- cOnsider info~r'm~l 'any 'b{'d 'n~t prePared -and ...... -$~bmitted in accordance, with the-provisions hereof and may.waive an~ informalities or reject any or all bids. Any bid may be with- drawn prior to the above scheduled time for the opening of bids or authorized postponement thereof.. Any bid received after the time and dates specified shall not be considered. No bidder may withdraw a bid 30 days after the actual date of the opening thereof. 2. PREPARATION OF BID · Each bid must be submitted on the prescribed form and all blank spaces for bid prices must be filled in, in ink or' typewritten in both words and figures. Each bid must be .sub- mitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. 3, METHOD OF BIDDING The owner 'invites the following bid. A unit price bid conforming t¢~ the follOwing bid proposal. 4. QUALIFICATION&~ OF BIDDER The owner may make such investigations as he deems necessary to determine the abil~.'ty of the 'bidder to perform the work, and the b~dder shall furnish tc the owner all such infor- mation and data for this purpos~ as the owner may request. The owner reserves the right to re3ect any bid if the evidence submitted by or investigation c? such bidder fails- to satisfy the owner that such bidder is properly qualified' to carry out the 'obligations of the contract and to-complete the work. contemplated therein. Conditional bids wili. not be accepted. -5 . TIME OF COMPLETION A bidder must agree to commence work on or before a date to be specified in a written Notice to Proceed from'.~he owner and to fully complete the project within 40 consecutive calendar days thereafter. --- · ~!, ~, CONDITIONS OF WORK . Each bidder must inform himself fully of. the of the. conditions relating to the construction of the project. Fail- ure to do so will not relieve a successful bidder of-, his ~ ial and labor necessary Obligations to furnish all mater t carry out the provision~ of this contract· Insofar as possible the contractor, in carrying out his work must employ such 'methods or means as will not cause any interupt~ion or inter'feterice o.f any public utilities located in the right of way. 7. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, 'specifi-. tions or other pre-bid documents will be made to any bidder orally, Every request for such interpretations should be in writing addressed to the City of Ke#~, ~P. O. Box 580., Kenai, Alaska and to be given consideration must be received, at least five days prior to the date fixed for the opening of bids. Any and all such ~nterPretations in any supplemental instructions w~ll be in the form of written addenda to the specifications, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes,) not later than three days prior 'to the date fixed for the opening of bids. Failure of any bidder to receive anY such addendum or interpretation sha11~' no~ relieve such bidder from any obligation under his bid as submitted. Ail addenda so issued shall become part of the contract documents. 8. LAWS AND REGULATIONS The bidders attentions is directed to the fact that applicable. State laws, minicipal ordinances, and the. rules and regulations of all' authorities having jurisdictiOn over con-'~ struction of the project.'shall apply to the contract, throughout, and they will be deemed to be included in the contract the same' as though therein written out in full.' 9. METHOD OF AWARD - LOWEST QUALIFIED BIDDER · If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the .owner as available to finance the contract, the contract will be awarded. If such bid exceeds such' amount, the owner may re- ject all bids (or may award the contract on the basis of negotiations with the lowest qualified' bidder.) So long. as said negotiations produces a net amount''.which is within the available funds. 10. OBLIGATION OF BIDDER At the time of the.opening each bidder'wilI be pre- sumed to have inspected th~ site and to have read and be familar .with the plans and contract documents (including al~ adde.nda.) The failure or ommission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder form any oblig'ation in respect of this bid. SPECIFICATIONS O1. SCOPE OF WORK The City of Kenai, hereinafter referred 'to as Owner, in ¢oaJunction with the successful Contractor or Contractors, shall con- struct m~pproxtnmtely 460 lineal feet of gravel street a~ sha~m on the &ttmchecl Contr&ct drawings. The Contractor or Contractors awarded the bt~ shall furnish all labor, nmterial$, and equil~nent necessary to comple~ this road in. accordance with the plans, specifications, and gener&l provisions. The. general provisions, specifications, and plans, are cemlmle~n~~, to each other, and. that which is specit'tmd on one is btn~tng &$ if ~lled for by all. Mention of items does nat t~M)ly emt$$tmn of other necessary items not mentioned. Drawin(l~ &re laarttmlly dim!lramic and are not intended to show in detail all feature~ e~ tbe work. 0~. ALION~NT AND GRADE The City will lay.-out in the filld the aligrmmnt and e~'ell-tl)e ~,ork to be done under the contract. When o~ce so laid .the Ce~tr&ctor shall be responsible for the preSerwatiOn of all ~l~Jlgr~ st&ke$ &nd hubs, and in the event of their loss. by/er de!-. truction shall mt his o~m expense pay all costs for their larolmr re~- pl&c~t. 03. ~ASSXFIED EXCAVATIC){'( -IJa~r this item the Contractor shall do all ~c~vatten amd rm~val e.f' whatever substances encountered including rock' and l'reu, nd to & depth of 48 inches below center line grade or to & ~terial deem. d as non-frost susceptible by the City Representative or engineer &$si.~ned to the .job. The material shall be re~ved to dl~laosal sites dm'ltgnated by the City, but not over One-half mile from ~e paint of oft-gin. The City shall designate and provide all.dist)e~el sites. At the '~letton of the work, all disposal sites shall be ~r&.ded to form la the surrounding terrain and in ~ conelition to drain. All ca,tidal below the required level shall be. b&ckfilled with. land or gravel exceptable to the oemer. All excess excavattoe md backfill shall be at the expesne of the contractor. Prior to a~ey eacavation, the Contractor shal 1 complete a ri ght-of-way construction parrot t fur- ntshed by 'the City mhd must ascertain to himself that all utilities have b~n. staked .as to exact location by the Utility Companies. The Contractor shall .then take all necessary precautions to ,prevent damage to these ~tructures amt will assun~ l iabilit7 for the disruption or damage to all utilities during the progress of thi~ Contract. 04. SAND BARROW This item shall consist of the excavating, hauling, placing rand .co. acting of al 1 materials to conform to the requirement~ of the owner in areas as shown on the drawings and in conformity with the line and grades estmblished by the Engineer. Before any sand barrow ~terial is plato, d, the underlying course shall be checked and accepted by the Engineer before placing and spreading operations are ~tarted. Durin~ the placing and ~preading, sufficient cautions shall be exercised to prevent the incorporation of foreign material into the finished grad~. Th~ City will ~upply a sand barro~ pit. 05. COMPACTING ~ After placing and spreading, the sub-baselshall be thoroughly co~acted by rolling and watering. Conl~action and blading shall be done .alternmttngly as required or directed to obtain a smooth, even, and uniformly compacted surface, No area shall be.compacted, when the under-. · lyino course is ~oft or yielding. Water shall not be added in ~uch a manner or'quantity that free ~ater will reach the underlying layer rand cause it to beCon~ soft. 06. GRAVEL BARROW .%~ID FI~I.SHING A surface course of pitrun gravel from a pit supplied by the contractor and approved by the City will be spread on the sub-surface base. Finished surface will confom to the following .surface test. After th'e course is completely spread and graded, .the surface shall be tested for smoothness and accuracy of grade and crown. If any portions are found to lack the required smoothness or to fail in accuracy of grade or crown such portions shall be ~shaped and otherwise manipulated as the engineer may direct until tl)e required smoothness and accuracy is obtained. The finished surface shall be such that it will not vary more than one inch from a 12 foot straight edge applied to the' surface parallel to center line and at right angles. The thickness of the com- pleted surface 'course shall be determined by depth tests or cores taken at intervals as specified by the Engineer. When the deficieny. in. thickness i's more than one inch the Contractor shall correct such areas by adding a satisfactory mixture and regrading the area and fin- ishing in accordance with these specifications, The contractor shall replace at his expense the surface course material Where borings are taken for test. 07. CORREGATED METAL PIPE CULVERTs%. This item Shall consist c,f c~.>rregated metal pipe of the sizes and d~mensions shown on the pi. OhS furnished and in- stalled in such places as are designated on the plans and profiles or by the Engineer, in accordance with these specifa- tions and in conformity with the lines and grades given. The item shall include, in the price bid per lineal foot of pipe in place,, the cost of common excavation and backfill, the cost of furnishing and installing all trench bracing, all fittings required to complete the pipe drain, as. shown on the plans and the material for and making of all joints, including all connections to existing drainage pipe structures and channels. The Contractor will use either steel or aluminum pipe. Steel pipe shall be corrugated galvanized metel culvert pipe con- forming to the requirements of AASHO M196-621. Minimum thick ness of metal will be 14 gauge. Prior to placing the pipe the bedtk~ll be thoroughly compacted and shaped so tn.at .at least .the lower-quarter of the pipe shall be in continuous contact with the bottom of the trench. No rock or non- cushioning material shall be allowed within four inches of the bottom of the pipe. The pipe shall be laid with the seperate sections joined firmly together with coupling bands, any metal in steel pipe or bands which is not protected thoroughly by galvanizing shall be coated with a suitable asphalt paint. Special care shall be used in placing the backfill. G~'ea~ care shall be used to obtain thorough compaction along the sides to the top of the pipe. The backfill shall be compacted to not less than the intensity required for the embankment. 08. DITCHES Ditch excavating-inclUding the excavating of outlet ditches .will be performed in the proper sequence with other construction. Suitable material excavated' from ditches which meet the requirements for classified embankment or sand barrow ~ shall [~e placed in the classified or sand barrow areas as -designated by the Engineer. Ditches constructed on the project shall be maintained to the required cross section and shall be kept free from debris or obstruction unt~il' the project is accepted. Existing ditches shall be clean~ and gra~ed and all ditches adjacent to the work areas shall, be left in ~ condition ~ ~~~ satisfactory drain&ge. 09. CLEAN-UP All areas within the' Cit~y right-of-way and adja'~ent to the project will be suitably .~eveled and cleaned-up in a manner satisfactory t¢i.othe Cities Engineer. All debris shall be removed, grading shall be conducted so as to correct any irregulities 'in the surface due to any cons%ruction opera- tions or other causes. All WOrk involved in ~clearing an~ stripping .pits and handlin~ unsuitable material encountered shall be performed by the Contractor at his own expense. The surface material' shall be obt&ined from pits or sources that have been approved. The materi&l in the pits shall 'be excavated and handled in a manner so that a uniform and satisfactory product shall be secured. All haul roads will be maintained by the contractor whenever in the opinion of the Engineer repairs or maintaince is required. B ][ ~ ~ROP~')SAL Place- Date: Project Name: Shopping Center Connector · Proposal of: (hereinafter) called bidder) to the City of Kenai, P. O. Box 580, Kenai., Alaska (hereinafter called the oWner). Gentlemen: The bidder in compliance with your-invitation for bids for the ¢°nstruction' of a gravel connector street between Willow Street and the Ken&i Shopping Center Parking Lot, having examined the plans and specifications with related documents and the site of the proposed work, and being ~'~amilar w.~.th a~l of the conditions surrounding the ~onstruction of the'proposed project including the availability of materials and labor, hereby proposes to furnish all. labor, materials an4 supplies and to construct the project in accordance with the ~ontr&¢t d~cuments, within the time set forth he:rein and 'at' ~he pr:~..~$ .stated 'below These prices are to cover al.1 expenses incurred in Performing the work reqUired under the contract documents of which this. ~,.r,~~.s.al is a part'. Bidder hereb~ agrees to commence work under, this contract on or before a date to' be specified in written NotiCe to Proceed of the owner and to fully complete the project within 4__0 consecutive calendar, days therea.fter as stipulated in the .specifications. Bidder acknowledges rece'pt +he following addenda. Bidder agrees to perform alt of the work for construction of this gravel street and'related work described in the specifications and ~hown~ all of the plans, for the consideration of the prices quoted in the .~ttached schedule on Items. These u#it prices shall- it insurance, include all la'uor, materials, removal, overhead, prof , and so forth to cover the finished work of the several kinds called ., for. Bidder understands that the owner reserves the r~ght" to reject any or all-bids and to .waive ..~ny informalities in the bidding. The bidder agrees that this' bid shall be good and may not be w.i. thdrawn .~'or a per x_od o'f- 30 calendar days after the scheduled closing t~me for receiving bids. Upon receipt of' wr~.tt, en-notice c:f the acceptance cf this bid, Bidder shall execute the formal contract, attac.hed within___10 calendar Respectifully S.ubm.~tted, Title ~{~ s i'n~-s s ..... Ad d'~'e-s s (Seal-if bid is by a corporation) days BID PRO?~$A~. ES~TED ~ANTITY 889 DESCRIPTION(Write in Unit Bid Price in Words) laasified ExCavation Unit Bid Price Total Bid Px'i 1186 338 ~d Barrow ......... ~_~er cu. yd. Barrow per cu. y~. _,. , , 60 feet 18-inch CMP Culvert TOTAL BID (GRAND TOTAL) BIDDI~O C OMPA~ coMPAnY AGENT" S T ITLE~ .......... THIS AGREEMEN"P. .,'-~a~';~!:-' ~:-i'~,is the da'?' ~')f__ , ~ 19 , by and between the City of Kenai, Box 580, Kenai, Alaska, herein after called tine "Ownor~' and , h~.~,r~:~inafter called the "Contractor. WITNESSETH' That for and in the cons±dorat'ion of the paymonts and agreoments hero'ina~tor mentioned, to be made' and porformod by tho OWNER, tho CONTRACTOR here~..." agrees with the O},~IER to commence and comp l. ote tho construction do~cribod as follows' CONSTRUCTION OF 46~ LINEAL FEET OF GRAVEL SURFACED ROADWAY- P.ROJECT #71 - 01 "for .the sum of hereinafter called the "Project, .................. - .... DOllars ($ ) .and all extra work in connection therewith, under the terms as stated in the '~.;en~-ra] and Special Conditions of the Contract, and at his (its or their) own p~'oper cost and expense to furnish all the materials, supplies, machinery, equipment, tolls, superintendence, labor, insurance and other accessories and services necessary to complete the said project in accordance with the con- ditions and prices' stated in the Bid Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Con- . tract, the plans, which include all maps, 'plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefore as prepared by the City of Kenai, Public Works Department, herein ent~.tled the Architect/ Engineer, and as enumerated in Paragraph 1 of the Supplement of General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract. The contractor hereby agrees to commence work unde'r this contract on or. before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum $ for each consecutive calendar day hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract.., subject to addit, ion~ and dedUctions, as provided in the General Conditions of the Contract, and to make pay- me.nts on a~"count thereof as pr.'ovided in ["aragraph 25, "Payments to Contractor~," of the General Conditions. IN WITNESS THEREOF, the parties to tl~ese present, have executed this contract in three i3) counterparts, each of which shall be deemed an original in the year and dav first abo~,e mentioned · (.Seal) ATTEST · ............ Wikness (Seal) ..... g'ecretary City__O_f .... Kenai - Owner Manage r Contractor .... By. Address Witness GENE P,A.L COND ['ii' 1 ,. ..... 1. CONTRACT AND CONTRA~T,._ DOCUMENTS Plans, specifications, and addendum, hereinafter enumerated in Paragraph 1 of. the Supplemental General Conditions shall form part of this contract and .the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2 . DEFINITIONS The following terms, as used. in this Contract, are respectfully defined as follows- A. Contractor - A person, firm or corporation with whom the Contract is made by the Owner. B. Owner- The City of Kenai will hereinafter be referred to as Owne r. C. Sub-Cont-ractor - A person, firm or corporation supplying labor and materials or only labor for work at the site the project for and under sepexate contract or agreement with the grant contractor. D. Work-on (at) the Project - Work to be performed at the · location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the contractor and any sub-grant contractor. E. Engineer - The authorized representative, of the City of Kenai - that the person designated by the City to be in charge of this project. ,)i""' 3 O~TAILED"DBW.1NUs' 'AND ADDITION~ ' · · .. ~.'i:;(The con:tractor will be furnl, shed detailed drawings and additional ~ -.~ instructions as necessary to carry out: the work included '.in this con- accordance wi th tract. The contractor shall carry out the work in the additional detailed drawings and instructions as well as the original detailed drawings and instructions. 4. MATERIALS, SERVICES AND FACILITIES A. It is understood that, except as otherwise specifically. stated in the contract documents, the contractor shall provide and . pay fo~. all the materials, labor, tools, equipment, water, lights, po~er, tr&nsportat, ion, superintendents, temporary construction of any nature, and all other services and facilities Of every nature.'whats°- ever necessary to execute, complete, and deliver the work within the speci fled time. B. Any work. necessary to be performed after regular hours,, on Sun4&ys, or legal holidays, shall be performed without a(~ditiOnal expense to the owner. 5. CONTBACTORS TITLE TC; MATERIALS The Contractor warrants that he has good .title to all' l~terials and supplies used bY him in the work, free from ai~ liens, claims, or incumberances · 6. INSPECTION AND TESTING OF MATERIALS : A. All materials and equipI~, nt used i.n the cons'c..rllction of the Droject shall be subject to adequate inspection and 'testing .in accordance with accepted-standards. Labor.ato~ or insI:~ction agency shall be selected by the owner. The Owner will pay for all lab- oratory inspection service direct, and not as a part. of the Contract. B. Materials of construction, partic~-~larly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for 'uses intended. · 7. OR EQUAL CLAUSE When a material, article, or piece of equipment is identified on the plans or in the speci.fications by reference to manufacturers or vendors names, trade names, catalogue numbers, and so forth, it is intended merely to establish a standard, and any material, article,, or equipment of other manufacturers and vendors which will perform adeq~""~&tely the duties imposed by the .general design will be con- stdered. equally acceptable provided the material, article, or equipment so proposed is in the opinion of the engineer is-of equal s'~s'tance &~" f'unction. It shall not be purchased, or installed by '.~the contractor without the engineers written approVa.l. SURVEYS, PERMITS, AND REGULATIONS Unless o~erwise expressly provided-for in the specifications, Owner will furnish the Contractor with all surYeys .necessary for exe~.~tion of the work. The Contr&Ctor shall procure and pay for all ~e. rmits, licenses, and approvals' necessary for the execUtion of his contract. The contractor shall comply with all laws, ordinances, rules orders, and regulations relating to the performance 'of the work, the protection, or-adjacent-property, and a maintenance of passageways, guard fences, or other protective facilities'. The Contractor shall and will, in good workmanlike manner--dO and perform all work and furnish all suDp~ie~q and materials., machinery, herein otherwise expressly ~luipment' facilities, and means except a ~pe¢ified, necess&r¥ or .proper 'co perform and complote ali the work ri~quired by this contract., w~th±n the time herein spec±f±ed £n accordance with the provisions of this contract and said specifications · and in accordance with the plans drawings covered by this Contract r.dance · &n~ any and all supplemental plans and drawings, and in acco to time with the directions of the engineer as given from time erect, maintain during the progress of the work He shall furnish, _ and remove such construction plans and such te~orar¥ works as may be required. The Contractor shall observe, cOmplY with, and be sub~ject to all .terms, conditions, requirements, and limi~at.ions of the'. contract and specifications and shall do, carry on, an(1 complete the entire work to. the~ satisfaction of the engineer and the Owner.. 10. WEATHER -CONDITIONS In the event of temporary suspension of work, or during in- climate weather, or. whenever the engineer shall direct, the Contractor will, and will cause his sub-contractors to protect ca.reful[Y his and their work and materials against d~n&ge or injury'' from the weather. If, in the opinion of the engineer, any work or materials shall have been damaged or injured by reason or failure on the p&rt of the Contractor or any of his sub-contractors to .so protect his work, such materials' shall be removed' and replaced at the expense of the Contractor. 11. PROTECTION OF WORK AND PROPERTY The Contractor shall at ail times safely quard the Owners property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, for damage. The Contractors shall replace or make good any such damage, loss, or injury unless such be caused directly by errors contained in' the Contract' or by the Owner, or his duly authorized representatives.. 12 . INSPECTION The authorized representatives and agents of the City of Kenai shall be permitted to inspect all work, materials, invoices of materials, and other relevent data &~d records. REPORTS OF RECORDS AND DATA The Contractors shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and Other data as the Owner may request concerning work .performed or to b~ performed under this Contract.. 14. SUI~RINTENDENCE BY THE CONTRACTOR At the site of the work the Contractor shall employ & con- st. ruction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that-such representative shall ,be acceptable to the Engineer and shall be one who can be con- ttnued in that capacity for the particular job i~v. olved unless he ceases to be on the Contractors payroll. It is also understood that the Contractor may act as his own constructioa superintendent performed by ~his Contract. the w°~k ~ be _ . 15. CHANGES IN WORK No change~ in the work covered 'by the-approved Contract Documents · shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approve~ change shall be ~etermined by one o.r more, or a combination-of the following methods: A. Unit bid $~ic. es previously approved B. An agr®e4 -lump sum C. The actual cost of 1. Labor 2. Materials entering permanently 'into the work' 3. Rental cost of construction plant .and du~ing the time of use on extra work 4. Power 'an~ consumable supplies 5. ! nsur ance 6. social Security and old age and .U~e~plo~ent contributions To the cost under C above there shall be added a fixed fee to be ~reed upon but not to exceed fifteen percen~ (15%) of the estimated cost of the work. The' fee shall be' compensation to cover the cost of the supervision, overhead, bond, profit, and any other qeneral expense. 16 ~ EXTRAS Without invalidat.in9 t:.b~ Cer~tract, ~h~.:~-Owner may c~rder extra work or make changed by altering, adding to, er deduCting from the work; the Contract sum being adjusted accordingly. Ail the w~)rk of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra works or materials shall be allowed and unless the work is ordered in writing by the Owner or its Engineer, acting officially for the Owner and the price is stated in such order. 17 . TIME FOR COMPLET ION It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time of completion as specified in the Contract of the work to be done here- under are ESSENTIAL CONDITIONS of this Contract 'and it is further. mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the Notice to Proceed. The Con~r&ctor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such a rate of progress as will insure full cc~pletion thereof within the time specified. It is expressly understood and agreed by .and between the Contractor and the Owner that the time for the co~plet~on of the work described herein is a reasonable time for the completion of 'the same taking into consideration the average climatic range and usual industrial conditions pre~.&iling i n the locality. Ail .W°rk, all' materials, whether incorporated in the. work not, .all P~ocesses of manufacture and all methods of co~str~ction Shall be at al1 times and places subject to the inspection of the Engineer who 8hall be the .final judge of the quality and suitabi~ity of the WOrk, material, p~-ocesses of manuf&¢t~e~ and methods of c.onstruction for the purposes for which they are used. Should they f&il to mee~ his ap.p~oval they shall be fo=thwith rec°nstructed, · made good, replaced, and/o= eorrected as the case may be, by the Con~ractor at his own expense. Rejected mate=ials shall immediately be 'removed from ~.he site. If, in the opinion` of the En~ineer, it · is undesirable to ~eplace any .defective o= damag~1 m&~e~ia.ls o~ to reconstruct or correct 'any portion of. the-W°rk, in}u'red or not per- foxed in accordance with the Contract Documents, the .compensation to be paid to the Contractor hereunder 'sha'll be.' reduced, by such an amount as in' the judgement of the Engineer shall be equitable- 19. SUB - SURFACE CONDITIONS FOUND DIFFERENT ~hould the Contractor' encounter sub-surf&ce end or latent conditions at the site materially differing from those, showing on the plans or indicated in the specifications, he ~hall i~ediately give notice to the Engineer of such ¢o~ditio~l be~o~e they are disturbed. The Engineer will thereupon promptly lnvee.tigate the conditions and if he 'finds that they materi&lly differ from those shown on the plans or indicated in the specifications.,., he. will at once make the changes in the plans and/or specifications as he may find necessary and any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 15 of the General Conditions. (Check this Paragraph) 20. CLAIMS FOR EXTRA COST No claim for extra .work or cost shall be allowed unless the same was done in persuance of written order of the Engineer, approved by the Owner as foresaid, and the claim presented wi~h the first estimate after the changed or e~tra work is done. 21. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this contract are violated by the Contractor, or by any of his sub-contractors, the Owner may serve written notice upon the Contractor of itl ~n~ention to terminate the Contract, such notice is to contain the re&son~ ~' such intention to terminate the Contract and unl&ss within 10 days after the servtn9 of such notice upon the Contractor, such vi~lation or delay shall cease and satisfactorily arrangement of correction be made the Contractor shall' upon the expiration of said 10 days cease and terminate. In the event of any such termination the Owner shall immediately serve notice thereof mpon th. Contractor and the. shall ~ th~:-.right to take over at. the preform 'the contract to .. completion either by Contract or by force account for the account and at the expense of the Contractor and the Contractor shall be liable to the Owner for any excess cost occasioned the Owner be on the site of the ~rk and necessary therefore. 22. CONSTRUCTI~ SCHEDULE AND PERIODIC ESTIMATES i~nediatel¥ after execution and delivery of the Contract and before 'the first parti&l payment ~s made, the Co~tr&ctor shall deliver to the Owner an estimated construction progress schedule in form satisfactory ~o the Owner showing the pro~o~ed dates of c.ceemence- ~ent &~d completion of each of the 'various subd~wiSi°ns of work . requiqed under the .Contract documents. 23. PAYMENTS TO THE CONTRACTOR 'A. No later than the l Bth day of each calendar ~Oa~th 'tl~e'.. shall ~ake a progress payment, to the Contr&c''tot oa the basis of~ & duly certified and 'approved estimate of the wowk por£ozmed during the preoeeding calendar month under this Co~'~ '-tr&¢t-' But. to insure the proof ~erfor~ance of this .Contract., the Owl~-..hall retain ten peroent (10%) o! 'the ~eount of each estate until fi~l c~pletio~ a~ ~oePts'ncc of all. ~~k cover~ by ~is Contract. '-. B. All ~terial a~ ~rk covered by ~rtiaI ~~nte ~de Shall thereu~n be~e the ~le pro~.rty of ~~ ~e~. Th~l proVision shall not be construed as relating the Contractor from ~he sole responsibility for the care and p~otection of ~ater£&ls and work upon which payments have been made or the re~to~ation of any d~age to work, or as & waiver of the right. of the OWner to- require the fulfill~ent of all of the terms of ~he Con~r&ct. C. The Contractor agrees that ne .w'ill indemnify and save the Owner harmless from all claims growing' out of the lawful demands of sub-contractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, and equipment, power tools and ali supplies including commissary incurred in the luther- ance of the performance of this Contract. The Contractor shall at the Owners reques~ furnish satisfactory evidence that all obliga- tions' of the nature here and above designated have been paid, dis- charged, or waived. If the Contractors fails to do so then the Owner may after serving written notice upon said Contractor, either pay the unpaid bills, or which the Owner has written notice, direct or withhold from the Contractors unpaid compensation & sas of money deemed reasonably sufficient to pay any and all such lawful until satisfactory evidence is furnished that all liabilities -have beee fully discharged whereupon payment ~o the Contractor shal.l be reserved in accordance with the terms of this 'C~tr&ct. ,. in no event shall the provisions of this sentence be oonst~ued to oppose any obligations upon the Owner, either the Contractor or his assur ,ty. 24. ACCEPTANCE OF FINAL PAYMENT AS RELEASED · The acceptance by the Contractor of final payment shall be shall o~er&te as a release to the Owner of a'll claims and all liabilities to the Contractor for &ll things don~ or furnished in connection with this work and for every act and neglect of .the Owner and others relating to or arising out of this work. No payment however, final or. otherwise, shall operate to release the Contractor of his assurities of any obligations under this Contract. ~i.-~' The Co.~,ctor shall not coeenence vo, k under 'h£' °°nt''c' :~:~::- 'he h&.~ P&~ all the l~suzance required under this para~r&Ph .a~d such · ... insUr&nc· has been ~pproved by ~he ~er nor shall the Contractor ~"'~'- &llo~ ~¥ ~ub..C~tract~r to commence work on hie sub-contract, until approved. 'A. conPen~t£on Insurance _ ~ ~tractor shall procure and shall ~ai. ntain durinV the life' of this Co.ntr&Ct 'l~or~n*s c~~nsation Instate as:., r~i~ ~ a~licable ' S~ate lay ~or all of his ~ploy~es to b· e~~ed in ~rk at t~ site of ~e project u~I this`Contract. - . 'B. The Contractors Public Liabil~tY a~ pro~rty ~e. Insurance and Vehicle Liability Insurance - ~e Co~trac~°r . shall pr~ure a~' shall maintain d~i'nq, the life o~ this contract contractors ~blic Liability I.~Uran~, Contractors prop~ty D~age Insurance, a~ Vehicle L~~tlt'tY insurance tn t~ ~unt s~cifi~ in paraqraph. 2 of the-.supPl~en~l C · General Conditions. · Sub_COntractors Public Liability and prOpertY Danage Insurance and Vehicle L'iabilit¥ Insurance '- The Contractor shall require 'each of his sub-contractors ~o carry the same insurance ooverage as is required in sub-par&graph above · Scope of Insurance-and Special Hazards.- The-£naurance r-~-,~;-~~..___ under sub-paragraph 'B' and ~C# hereof shall provide adequate protection for the Contractor and his sub-contractors respectively, against damage claims which may arise from operations under this Contract. E. Proof of Carriage of Insurance - The Contractor shall furnish the Owner wi th certificates showing the type, amount, class of operations covered, effective dates, and da~es of the expiration of policies. Such certificates shall also contain substantially the following statements: The Insurance covered by this certificate will not be cancelled or materially altered except after 10 days written notice has been received by the Owner. F. B%~ilders Risk Insurance (Fire and Extended Coverage or All Risk Builders Risk): Until the project is completed and accepted by the Owner, the Owners is require4 to 'maintain Builder' s Risk Insurance (fire and exte~de4 COverage) on a 100 percent (100%) completed val~le basis on the insurable portion of the project for the benefit of the Owner, the Contractor, and subcontractors' ss their interests may appear and 'as designated by the Owner. '26.. AS$IGHMENTS The ContraCtor shall not assign the whole or any part of this Contract or-any .monies due or to become here .and under withou~ .. .written 'consent of the Owner. 27. SUB - CONTRACTING The Contractor shall not award any work to any sub-contracto'T ' without.prior Written approval of the Owner, which ~rov&l will not -'-'eh submits to the Owner a writte~ stateeaent Contractor the be concerning~V the pro~sed award to the sub-c°ntractor which statuent shall contain such info~ation as the ~er ay require. The full~ res~nsible to the ~er for the acts shall be con~Tactor a~ ~fssions o~ his sub-contractors a~ of persons either directly or i~irectly ~ploy~ by th~ as he is for ~he acts a~ ~issions of persons directly ~ployed by him. 28. CONFORMITIES OF ESTIMATE ' Wherever the estimated quantities of work to be done' and mater&als to. be furnished under this Con~ract are ~ in any of the documents including the proposal their axe .given for use in corn- pa. ~tng bids and the right is espec~&lly reserved except &.8 here and otherwise, specific&ll¥ limited,to increase or' diminish ~he~. &s~ may be deemed reasonably necessary or' desi~able by the ~r to complete the work contempl&~ed by this Contract and s~,h-increase or decrease shall in no way v£~ate' ~his con~ract, or Shall any such increase or decrease give cause for 'claims or liability for d~ages. 29. LAND AND RIGHTS - OF - WAY Prior to the start of construction, the Owner shall obtain all 1&nd righ~8-of-way necessary for the carrying Out .and completion of work to be performed under this contract. 30. GENERAL GUARANTEE Neither the final certificate of payment ~r any. provision in the c~ntract documents or partial or entire occupancy of the project by the Owner shall constitute an acceptance of work not done in accordance with the Contract documents or relieve the Contractor of liability in respect to any express warantees or responsibility 'for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance unless a longer period is :. Sl:~cified. The Owner will give notice of observed defects with reasonable promptness. 31. CONFLICTING CONDITIONS Any provision in any of the Contract documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent' of such conflict or inconsistency. 32. USE AND OCCUPANCY PRIOR TO ACCEPTANCY BY 'OWNER The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by Owner, provided the Owner secures written consent of the Contractor except in the event in the. opinion of the Engineer, the Contractor is chargeable with unwarranted delay in final clean-up of punch list items or other contract requirements. 3]. EMPLOYMENT OF LOCAL LABOR A maximum of feasible employment of local labor shall be made in the Construction of Public Works within the C~ty of Kenai. and ~.o do work on .any such project-which is or reasonable may-be done as on- site work shall employ in carrying out such contract work such qualified persons who will regularly reside within ~he local area, except: A. The extent tl~at qual£f£ed persons the :Local area ate not ava£~able. regularly residing in B. For the reasonable needs of any such Contractor or sub- contractor to employ supervisory or specially experienced indiviaual8 necessary to insure an efficient execution of the Contract. C. For the obligation of any such Contractor or sub-Contractor to offer employmen~ ~o present or former e~ployees aS a · reeult of lawful' collective'-bargaining con~ract. 34. HEALTH AND SAFETY STANDARDS . It iS a condition of this contract, and shall be made & con- d£tion of each' subcontrac~ entered into pursuant to this contract' that the contractor and any subcontractor shall not require any laborer or mechanic employed in performance-of ~he contrac~ to work in surroundings. 'or under working cond~ti°ns which are un- sanitary, hazardous, or dangerous to ..his he&lth or s&fe~y, as determined under construction safe~Y and health standards (Title 29 Coae of Federal Regulations, Part 1518) (36 F.R. 7340) prom- ulgated by the United States Secretary of' La.~bo~, in accordance with Sect'ion 107 o~. the Contract Work.Hours and Safety standards Act, (82 St&t. 9'6) . · 11. The contg~c, t viII be awagded on .~ ~si.a .o~. unit ~d the £Ollo~'i.n~ paraqgaph 35. · S't~~ quantiti~s a~e ,~o~ t~::~8~ :~ ~ ids. (See. Par. 28} . . THE HONORABLE MAYOR AND CITY COUNCILMEN FROM: EDWIN H. GLOTFELTY, CITY MANAGER SUBJECT: PENINSULA SANITATION SERVICE JUNE 16, 1971 Gentlemen: Mr. Ron Miller, who operates the Peninsula Sanitation Set- vice within the City of Kenai, has requested that the City of Kenai amend their Charter, Section 9, to make it mandatory that 30 gallon aluminum trash cans with air tight lids and a platform stam:l for. these cans be reqnir~ for the citizens of Kenai to dispose of their garbage Problems have arisen during the winter months concerning the pick up, with the trash cans being knocked over ~y the snow plow and road grader. The 55 gallon drum, used by most peoplei/: are too heavy for the operators to handle efficiently. .The. plastic trash cans that are used, shatter when the reaches minus 10 degrees. temper, ature?..,~, Mr. Miller would like the 'Ordinance revised to read &.s above written. I thank you for your consideration in this matter and I wish an indication from you whether or not ~ advise the City Attorney to write an amendment to this Ordinance. Edwxn H. 'Glotfeltl~, City Manager Jtme 4, 1971 "The City of Sev&rd-supports ths re_que_st ~-t the ~orest Service and the Fish and '1~lldlife ~~ee' ~ld hearings on their pro~s,als a, ~tl~ ~ ~ attached Re.~lution in cities ~ .the ~i "' Peninsula. Bycopy of this uenorandum, the Forest Service and the Fish and Wildlife Service are requested to reply to this request. CITY OF SEWARD, ALASKA RESOLUTION NO. 826 WHEREAS, the United States Department of the Interior, Fish and Wildlife Service, has scheduled a public, hearing con- cerning a wilderness proposal within the Kenai National Moose Range, and WHEREAS, this public hearing has 'been called in AnchOrage, Alaska, and WHEREAS, the United States Department of Agriculture, Forest Service, has solicited comments regarding the establishment of a National Recreation Area. on the Kenat Peninsula, and WHEREAS, both of these proposals .will have long-term effects om- the Seward area, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that both the Forest Service and the Fts~ and Wildlife .Service be requested to hold public hear~nss in Seward, either. Jointly or independently, in order to gather t~timony from residents of this area, and BE IT FURTHER RESOL%~D' that the City Council of the City of Seward, Alaska, strongly endorses the extension of the~e ~ublic hearings t:o other municipalities on ~:he l{~a:i. Pent. naula. PASSED AND APPROVED by the City COuncil of the City of Seward, .Alaska, thi, 24th day of May, 1971. ATTEST: nis rio : Fl~h and Wlldlife Service Forest Service Kenal Peninsula Borough City of Homer City of Kenai Ci Cy o f So 1 do rna /s/Robert E. Glud _ _ hobe~"~ E. 'ClUd .... ' ...... Mayor Lease ApPli a'i' peninst, l'a ~.~'.~ough. So ]e~ Tax No. .... . :~,- .... ~....'¢: . . · _. . 3.~. (check ~ne) X