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HomeMy WebLinkAbout1977-10-19 Council Packet KENAI CITY COUNI'II. -ItF. tril!f,AB MF.I~TINO OCTOBER 190 1977 - 8:00 P.M. KI,~NAI PIJIILIC fiAI;I~I'Y BUll,DING PLF, I~J£ OF ALI,F. GIANCF, A, ROI,l, CALL AGENDA APPROVAL B, PUBLIC IIEARINOS I, Ordinance 365-77 - Amending 1976 Kenoi Muniolpoi Airport flegulotiona C. PP, RRON8 PRES£IqT BCII£DU££D TO 13F. IIF. ARD /-1~, Mr, Tom V/stet'or, S,,temetof Seflroode D. MINUT£S I, Mtnutoa of tho a, ogular meeting of October 5, 1977 B. CORRESPONDltNCE I. Latter of Real,etlon/gelati Planning Commission (~P. RenArd M~leton) 2. Memorandum rogording l.cttoF of RoslgwJ~tlon * City Clerk F. OLD BUSINESS ~//~ ~?~.?~. Ordi.mteo 330-77 - Water Supply & Water Shed Protection -.. J.~'~ ~".~._ 2.~ _OedJnsose 354-77 - Impt~oment Diarist on Sen.Fsi Avlqtlon Apron (r~n,idor) - *~/.~,~ '-~.; _~.-0=. #aa. 77-127 I 77-128 - Contrflat i transfer of fund. for City ~treet ilffhte -' ~/_.~L~~'~ 4. P~ymont to ClI2M IlJJl - I/I Study 5. Payment to CH2M IlJJl - P~mJlJtfea Plan O. NI~W BUSINESS I. BOls to be p-id - Ordinsoee 367-77 O. Ordinansa 368°?7 4. Oedinanao 369-77 5. Ordlnfln~ 6. O~inan~ 6. O~dhmneo e. O~oneo ~0. Ordinenee ~. ~lutlon fT-139 IS. Re~lut~ T?-140 14. Re~luO~ lO. Ro~lution bela to be r~tlfled Capitol ProJeot "Afrpofl Drive Paving" Appropriating from 1974 Refunded Bond Issue Cepit~l Project Fund ~,Vutor & S~ver Lines* Approprifltthff $4,500 from 1974 Refunded Bond Issue CepJMI Project Fund "Redoubt bay Paving* Appropriating $4,000 from 1974 Refunded Bond Issue CBplt~ Praiser Fund "Strata Improvements* Appropriating $19,800 from 1974 l~erunded Bond leuue Appropriating $0,000 from 1974 Refunded Sond Issue Ammdioo Airport Terminal Budff~t/PurehaM of Alerting Awardlnf~ Bid for Vehlslo for Public Y;orks Duporimont ReJeetJng bide r(~eeived for two new police ears Ratifying en~nem*tog ,gFoom~lte/LPW ProJeote Transfer of Monies - RepMt. of Sewer 'rreaMtent RtowoFe ?ran,far of Monlno * 8enior CJtizon8 Profit*am I?. Raso]utlon ?7-!45, Aoeeptlng Audited Financial Report FY ended &uno 30, 1977 · 18. Resolution 77-146. Rescinding Resolution No. 1O. I,~lso Of A~port Lenda or Facilities - ,look C. or Maria H, Betas 20. Lease of Airport Lands or Paailltiee - Rsldwin. Rogers. As*nons & As*ness SI. 8pooJel Uso Permit - Burton Carver and Co,, Ins, 23. Consent or AeaJgment or Lease - Ron'e Rant-All Soles a Se~'viee Change Order il-IN - Resolution ??-i47 ~DA Water Project 07-01-01694) Payment Setimate #1~ - JnteFsMM Company ~DA Wflt~ P~J~t 97-01-01684) Paym~t ~ W~oflhell a Aec. - 1977 Wat~, fl~, S~t P~I9 P~ent ~ Winee-CoflhoJl & Ao~. - 197~ Wot~. S~, S~e~ P~to J~Jtor~ Services Contre~ - K~i Community Librfl~ C~b~ or ~mm~go - epp~ rep ~t b~e/ch~oo Card Lane Ap~n~t ~ 9harehold~ PF~ -Kenet Ci~ Pove~pm~t, Ina. REPORT8 I. City Momiger*a Report gSO City Attorney', Repo~t 2. Ma¥or*o Report & Appointments to Cmtnello and Commloutone 4. City CJ~rkOa Repol. t 6. Flflanso Director's Report 6, Planning & Zoninff Commission's R~Jort Kaset Peninsula Boroul~h Assembly*8 Repo~t MAYOR · COUNCIL - qURSTIONS AND COMM£NT8 I. PKRSON9 PRF, SP, BT NOT SCII£DULRD TO BI.* IIRARD ADJOURNM~N? KENAI PENINSIILA BOROUGII AGENDA FOR TIlE RF. GIJI.AR ASSIiMBI,Y MEETING OCTOBER 18, ]9771 7:30 P..~i. BOROUGll AIIMI NISTRATION Eli I I,D I NO P. O. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA- De CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE AND/OR OPENING C£REMONY SEATING OF NEW ASSEMBLYME~IBERS 1. Oath of Office, New Assemblymemberr 2. Appointment o£ Parlimentarian 3. Appointment of Committees AGENDA APPROVAL MINUTES ORDINANCE HEARINGS: (a) Ord. 77-58 "An Ordinance Amending KPB'Code ~f Ordinances by Delotin§ Chapter 16.20 Entitled 'Seldovia Water Service Area'" (b) Ord. 77-59 "An Ordinance Amendin.l the R~i.a~nsula Borough Code of ordi- nances by Changing the Designation o£ thc North Kenai Fare Service Areu to Nikiski Fire Service Area" (c) Ord. 77-60 "An Ordinance Authorizing the ~o of Borough Funds to Proceed With the Construction Documents Phases of Architectural Services for Proposed Public School Projects at Anchor Point, Tustumena and Sterling Elementary Schools, Homer Iligh School and the Proposed Soldotna Iltgh And Soldotna Elementary Schools" INTRODUCTION OF ORDINANCES: (a) Ord. 77-62 "An Ordinance Authorizing an Ki~propriation of $497,000 for Construction of a Kenai Borough Schools Warehouse, with Funds to be Reimbursed by a Local Public Works Grant From the Ecouomic Development Administrat ion" H. PUBLIC PRESENTATIONS (with prior notice) (a) Central Peninsula Hospital Service Area Board; Proposed Ilospital Warehouse I. COMMITTEE REPORTS (a) School Board (b) Cook Inlet Air Resources (c) Overall Economic Development (d) Finance (e) Roads f Trails/Solid Waste AGENI)A FOR OCTOBER 18, 1977 J. MAYOR'S REPORT (a) Financial Statement, September 1977 (b) North Peninsula Recreation Lighting K. SCHOOL CONSTRUCTION REPORT {a} Change Order Su,m~ary, Seward High School Res. 77-68 "A Resolution Authorizing Transfer o~£ Funds from the Unassigned Appropriation for 1977-78 Capital Projects to North Kenai Elemen- tary and Kenat Junior Illgh School Capital Projects" with l~iemo 78-32 L. OTHER BUSINESS: Res. 77-69 "A Resolution Calliug Upon the g~'~T-~rd and the ^ssembly to Hold Periodic Joint Meetings to Consider blatters of Mutual Interests" MAYOR AND ASSEMBLYMEblBERS: CO,~,IENTS AND DISCUSSION PUBLIC PRESENTATIONS O. INFORbtATIONAL MATERIALS AND REPORTS (a) OEDP Minut.os. September 28~ 1977 (b) Bear Creek Fire Service Area Minutes, Sept. 23, 1977 (c) Memo from Sen. Colletta re Alcoholism legislation P. NEXT MEP. TING: November 1, 19~7 I. r COUNCIL ~OF 19. 1977 CODNCIL blEETING OF 19, 1977 CITY OF KENAI ORDINANCE NO. 365-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE 1976 KENAI MUNICIPAL AIRPORT REGULATIONS WHEREAS, the Council of the City of Kenai, Alaska, finds that the following additions and deletions to the Airport Regulations are desireable. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of ~enai, that: The 1976 Kenai Municipal Airport Regulations, as amended, are further amended as follows: Section 1: Section 5.030 is hereby amended to read in its ~ntirety as follows: 5.030: Ail aircraft owners or operators parking transient aircr-~ in an area designated by the Airport Manager shall register their aircraft with the Airport Manager's Office upon arrival. Section 2: Section 5.040 is hereby amended to read in its entirety as follows: 5.0405 Transicnt aircraft under 1~,000 pounds shall park at t e~ail tie-downs on the south terminal ramp apron and aircraft exceeding 10,000 pounds shall park on the north terminal ramp, off the VOR Checkpoint. All transient aircraft must be properly secured. Section 35 Section 5.050 is hereby amended to read in its entirety as follows5 5.050s All aircraft owners or ~perators parking aircraft in an area designated by the Airport Manager will be charged a transient parking fee of $2.00 per day. There will be no fee for parking an aircraft for a period of six hours or less. Section 45 Section 5.060 is hereby rescinded. Ordinance No. 365-77 Page 2 Section 5: Section 6.020 is hereby amended to read in its entirety as follows: 6.02____~0: Transient aircraft owners or operators utilizing an area designated by the Airport Manager who fail to register their aircraft with the Airport Manager's Office upon arrival shall be charged with improper parking and the aircraft shall be subject to impoundment in accordance with Sections 5.022 and 5.023. Aircraft whose owners or operators fail to pay transient parking fees upon departure from the Airport shall be subject to impoundment if they use Airport facilities in the future. PASSED BY THE COONCIL OF THE CITY OF KENAI, ALASKA, this day of , 1977. ATTESTs JAMES A. ELSON, MAYOR Sue C. Peter, City Clerk FIRST READING.' Oetobe~ 5, 1977 SECOND READING: (~etobe~ 19~ '1977 EFFECTIVE DATE: Post Office Box 3771 Kenai, Alaska 99611 October ll, 1977 Honorable Vincent O'Reilly, Mayor City of Kenai, Alaska Post Office Box 580 Kcnai, Alaska 99611 Honorable Mayor & Members of Council: I wish to hereby tender my resignation as a member of the Kenai Advisory Planning &-Zoning' Commission effective October 1~, 1977. I have sincerely enjoyed my association with the Commission and shall strongly support theh, future endeavors. My resignation is necessitated by my election to the Kenai City Council and in this regard I shall continue to support the prego, ams and future growth of tho City of Kenai. Thank you for your consideration of my resignation and I hereby request that an appointment to the vacancy be made as soon as possible. cerely, Ronald Malston CC: Members, Kenai Advisory Planning & Zoning Commission RM: sp MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor & City Council Sue C. Peter, City Clerk October 14, 1977 LETTER OF ftESIONATION If it pleases the Council, I hereby request that I might withdraw my letter of resignation submitted to Council at the regular r~eeting of September 21st. Due to personal reasons, I find that it is no longer necessary that I consider leaving the employ of the City of Kenni. Thank you fox' your consideration in this matter. Sincerely, S~o ~/Pete~ io ORDINANCE NO. 354-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA , FINDING THAT THE INSTALLATION OF A WATER LINE IN THE GENERAL AVIATION APRON OF THE KENAI MUNICIPAL AIRPORT IS NECESSARY AND WILL BENEFIT THE LESSEES AFFECTED AND DIRECTING THAT THE CITY PROCEED WITH CONSTRUCTION OF THE IMPROVEMENT. WHEREAS, Blocks l, 2, 3 and 4 of the General Aviation Apx'on are not served by a public water system, and WHEREAS, the fire insurance rates for these areas could be significantly reduced if a water supply were reasonably available. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: ~eetlon 1: U. pon direction of the Council, the City Manager has made a survey and report concerning the need for and estimated cost of a water line serving Block 1, 2, 3 and 4 of the General Aviation Apron and has prepared a preliminary assessment roll. O Bueh assessment roll has been on file with the City Clerk at least thirty (30) days prio~- to the public hearing on the necessity for the improvement. Section 2: Public hearing was held on September 21, ,1977. Notices of such public hearing were sent and publ{~hed as required by the Code of the City of Kenal. Section 3: Protests fled with the City Clerk concerning the proposed improve- ment amount to less than the number required to stop the proposed improvement. 'Section 4: . The Council hereby finds that the improvement is necessary and will benefit the properties in the proposed district. In addition to the need for domestie water availability, fire hydrants are needed to reduce fire insurance rates in Block 1, 2, 3 and 4, General Aviation Apron. ORDINANCE NO. 354-?7. Pat~ Two Section 5: The Council hereby directs that the City proceed with the p~'oposed improvement. Costs estimated at $?5.900 shall be apportioned as follows: 50% - Funded by Local Public Works monies not to exceed $35,900 Of the Remainder: 50% - Funded by State of Alaska. Department of Environmental Conservation 50% - Funded by proportioned assessment against benefitted properties Lots 1, 2.3, Block l; Lots 1, 2, 3, Block 2; Lotl, Block 3, and Lots '1, 2, 3, Block 4. Fox, mula for apportionment shall be relative to square footage serviced by water availability. PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 1977, day of. ATTBST: ~AMES A. ELSON , MAYOR Sue C. Peter, City Clerk FIRST READING: Aut~uat 3, 1977 9ECOND READIN(~: i 9~.'~9'v~? & 9~i-77 10.4.77 EF~CT~E DATE: ~ /~- ~) 4'3-24 CITY OF' KENAI RESOLUTION NO. 77-127 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A CONTRACT BETWEEN THE CITY OF KENAI, AND REDI ELECTRIC FOR REPAIRS & {~IA{NTF, NANCE OF THE. CITY STREET LIGHTS. WHEREAS, the City has requested bids for a twelve month contract for the repairs and m~*intenanee and a one-time inventory of the seventy-four luminaires, and WHEREAS, the City received one bid for these sec'vices, and WHEREAS, the operation of this lighting system is desirable for public safety, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF T~P CITY OF IffiNAI that Redi Electric is hereby reteined as the firm to maintain the seventy-four luminaires with the understanding that the specified inventory and annual maintenance be accomplished simultaneously. BE IT FURTHER RESOLVED that the one time inventory and annual maintenance cost not exceed $10,000 and repair cost will be billed at tho rates specified by the proposal. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of October, 1977 ATTEST: 'VINCENT O'REILLY, MAYOR S~e C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 77-129 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT TIlE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM: Contingency ($12,000) TO: State Lighting Agreement Repairs & Maintenance $12,000 The purpose of this resolution is to transfer funds within the General Fund Bud,'et in order to maintain the State Street Lighting Agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this : day of October, 1977. ATTEST: VINCENT O*REILLY, MAYOR SUe. C. Peter, City Clerk i' " en§ineers planners e('OllOlllist5 scientists Date 15 September 1977 ~ob No. K10510.A0 Ci~y of Ke~ai Client Ret No. ~,0, ~OX 580 Inloioe No. 9139 Kenai, AK 99611 Attention: Mr. John Wise STATEMENT Professional Services and expenses regarding I/I Study through 24 August 1977. Professional Services: NAME HOURS EXTENSION Reiland, R.J. 2 $ 83.94 Dehn, W.T. 4 106.13 Leman, L.D. 13 392.70 Butt, J.L. 8 201.07 Sedlacek, H.M. 2 26.81 Total Professional Services $ 810.65 Expenses: Equipment $ 96.00 Transportation 46.31 Telephone 35.22 Repro/Copy 12.00 Total Expenses 189.53 Profeesional Pee 150.03 Amount Due . . . .............. $1,150.21 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. An¢'hnr.lg¢, IlO K Slwi.t, .~uil(. l~(I2 Anchitral~(,, Alaska 99501 gl)71279.h.191 CH2M HILL engineer: planners economists scientists City of Kenai P.O. Box 580 Kenai, AK 99611 Attention~ Mr. John Wise Date 15 September Job No. K10510.B0 Client Ref. No. Invoice No. 91 40 STATEMENT 1977 For services through Facilities Plan. 24 August 1977 in connection with Professional Services: NAME HOURS EXTENSION Dehn, W.T. 3 Christens.n, D.R. 5 Mo., O.B. 4 Leman, L.D. 39 79.60 121.76 105.92 1;178.11 Total Professional Services Expenses~ Repro/copy $ 7.90 Transportation 356.62 Supplies 4.00 Meals/Lodge 28.75 Telephone 58.37 Auto Mileage 14.25 $1,485.39 Total Expenses , 469.89 Professional Fee 293.29 Amount Due ' $2~248 57 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES. COMPUTED BY A "PERIODIC RATE" OF iT, PER MONTH. WHICH I$ AN ANNUAL PERCENTAGE RATE OF 12% IAPPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL SE CHARGED ON ALL FAST.DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY tAW OR BY CONTRACT. AnchoraRe Ofllt't, ~ 310 K Slr(,et. Suit(, b()2 Anchor,lit(,, Alaska q9501 9(17/279.h491 10-19-77 ffta~ scace Tele. 1,3~.20 Telephone ChSs. Non-neparunenCat Ftnm~ce Po!~_~_ Fire aids. h~eccor sarte~ ~ , ~.7.9~.~ .. A.ph~ ~ln~__; ......... S~__e~._' ._ ICemt NaCLv~ AGra:. '650.00 t~etshc ChSo. Shop  28,&74.0~ 3rd. quax~sr FZCA General Fund Police Plre CtCy ~,*m,,,d ,,~*:ims 1,001.22 " 55.89 " 56.73 " 11.26 " ~,65 " 9.98 " 12.13 " 83.65 ' 6.~ ' 2.~ " ~.89 ' 5.~ " 7.~ ' ' ' 17.0~ ' ' ' 7.1~ ' ' ' 929.16 " ' " 164.30 " " " ~,76.90 ~ gJ.thh~..M~B LLb~,375.~8 " " " 35.~) ' " " 147.50 " ' " ~'.60 " " " 75~.10 " - ,, 230.78 "' ' ' ~..f8.01 ' ' " " - ,, 197.82 " ' " 1,173.25 " " " 2,810.22 ' ' " 5.61 " ' " 295.00 P.o.f 11~1~ 1117& 10~46 11135 11197 Moore Busfmso Founs 9~5.08 Trew~lero lnsumm~ 5,993.76 Go. Sept. 1977 ~Admin FiCA viChhmLd~8 129.2! Plm~ & ~ " *' ~8.67 S~ " " 1,283.21 Md~. ~c~ " " 323.~  *' " 786.~ 1 ~1 '* '* 230.07 ~ ~r " " 670.70 ~ ~ ** ** 221.~ F~ 236.~ ~i~ " " 63.62 ~ ~ " " 63.62 ct~ ~ ~ ~. 50.~ Ci~ ~ " " ~1.31 ~ " " City ~e~ " " ~.31 ,, ,, . ,, ~.~ PoI~ " " l, 180. ~ ~ ~ ~ " ,, ~.~ ~. ~ " " ~.11 ~ P~. " "* 1~.3~ ~ ~ 17.78 ~ ~ " " 1~,77 ~ ~ ~ " " 2.~ Po~ " " ~.~ ~ " ,, ~.~ ~ ~. " " ~.~7 ~ ~ " ,, ~.M I' I' e. & c. co. Leo Obereo TaB. 851. 2,372.47 3,705.73 5,211.83 1,81.3.20 Shop SuM)ktes: Pa~ EMi: #5~ M~rhlg expenses for Nes. J, P.T~. Dlzecto~ New Pol~ T.Lnh. Iqe~ Pol/ce Ca~ Repafr & t,b:LnC. Sup, ~rll cool~ & Hfnor 21.~ 53.~ 6.~ ~6.~ 2.~ 9.~ 4.~ 8.~ 5.~ 6.~ 9.~ ~.~ 56.~ 2,372.~ 3,705.73 5,2U..83 11~5,10967 1].050,11073 11076,11107 11273 1117O CITY OF KENAI RESOLUTION NO. 139-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE AIRPORT TERMINAL BUDGET TO PROVIDE FOR THE PURCHASE OF MATTING FOR THE AIRPORT TERMINAL. WI{EREAS, the 1977-78 Airport Terminal budget provided $5,000 for lobby refurbishment, and, WI{EREAS, the major project authorized under that lobby refur- bishment, the purchase of new seating, has been executed and only $3,000 was required to obtain the necessary seating, and, W~EREAS, with this upgrading of the lobby area, the entrance matting needs to be replaced and additional matting purchased to assist in avoiding unnecessary tracking of sand and mud into the lobby area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the 1977-78 Airport Terminal budget is hereby amended to include, in the category of improvements to the terminal building, the purchase of matting for the Airport terminal, total cost for such matting not to exceed $400.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of October, 1977. ATTEST~ VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk 6T~ OF KENA~ ORDINANCB ~0. 367-77 AND INC~ASING ESTIMATED RETENUES AND APPROPRIATIONS IN THE A~DUNT OF $143,100 ~OR E~ P~OJECT # 07-51-26997. ~, the need exists for the paving and installation of drainage on A~po~c Drily Loop, and ~EAS, the Ecor~c ~velopm~nt Administration has a~arded the City a grant of $50,009 as partial funding for this project, and WHE~F~S, the City of Kens/will contribute the balance of $93,100 fr~m the p~ocesds of the 1974 Refiavted Bond Issue, and IiHBRF~, proper accotmting practices require that all appropriations of City mit{es be made by ordinance. BOW, %IiEREH~, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the followi~ increases in estimated revenues and appropriations ~e hereby ~de. ..At..zport: Drive Paving Bst~z~ated Revem~e Ptmd Balance 1974 Reftmded Bond Isstm (~S4x~t ~ ~ & IS) Development Adminis~ati~ $93,100 $5o,ooo ~tions Inspection 3OO 7,100 1,000 3,700 118,000 13,000 ORDINANCE 1~10. 367-77, Page P~SED BY ~ COI~C~ OF THE CITY OF Iq!II~I, ~, ~his of October, 1977. day October 19, 1977 ClTY OF ~ ORDIII~CE NO. 368-77 AN ORDII~CE OF THE COt~ OF THE CITY OF KENAI, ~ APPROPRIATING FROM 1974 P~ED B~D ISSUE M3NIES FOR PREL~ ~N~G ~OSTS OF AIRPOR~ TERMINAL LOOP, PARKING, AND STORAGE PROJECT. WHEREAS, the City of Kenai bas contracted with Wince, Corthell & Associates, consultin~ engineers, to perfo~n preliminary en~ineerir~ on th~ above project at a cost of $13,300, and WIlliAm, the Economic Development Administration has authorized grant funds in the mr~mt of $7.100 to be spent toward preliminary engineerir~, on the above projects, and WIt~EAS, the above referenced grant funds were adopted by City of Kenai Ordinance No, 367-77, and WHE~AS, preliminary e~gineering expenses incurred prior to authorization of grant funds by the E.D.A. are ineligible for reimbursmmnt by the E.D.A., and ~, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, I~:RI~P~, Bi[ 1T 0Rllajl~ BY T~li: O01JNClL 0F THE CITY OF EENAI that the portion of prelindnar7 engineering costs on the above ptoJe.ct that are ineligible for reimb~smmmt by the E.D.A. be funded by 1974 Refunded Bond Issue monies as follows: C~.$.~. 1 ~roiects - Streets Estimated Revenue Fund Balance, 1974 Refunded Bond Issue (Streets) ' ~;ineertn§. ineligible for E.D.A. Retmburs~t $6,200 $6,200 ORDINANCE k"O. 368-77, Pa§eT~o pASSEI)BYTHECOUNClLOFTHECITYOFKI/Z~, AIASKA, chis of Ocwber, 1977. day '" v-rector ~'~zLLY,' i~¥OR .0 Sue C; Pete. t, C£L-7 Clerk O~toSsr 19, 1977 CI'~Z OF I~i~AI ORI)~I~ NO. 369-77 OF $1~4,600 FOR E.D.A. PRCIIE~ # 07-51-26966. I~FAS, the installation of water limes at the Airport and sewer lines along McCollum Drive, and I~S, the Economic Development Administration has offered a grant in the ~motmC of $79,100 to f~nd the major portion of this project, and l~g~iS, the S~ate of Alaska's Departm~t of h~zlr~tal Conservation has also obligated $35,250, and ~, the City of Kenai's matching share for these grants is $9,700 financed by a portion of the fund balance from the 1974 Refunded Bond Issue, and $20,550 f~om the Airport Land System Fund Balance, and IItERFAS, proper accotmting practices require that all appropriations of City monies be rode by ordinance. ~0W, T~fl~0R~, BE IT ORDAINED BY THE O0~IL OF Tr~ CITY OF KENAI ~hac the followtrg increases in estimated revenues amd appropriations are hereby made: Water & Sewer l~Lnes Pund Balance 1974 Refunded Bond Issue (Wate~ & Sewer) 9,700 C~n~lbution fraa Airport land System 20,550 35,250 Fxxmar~tc I~velopm~t Adninistratt~n 79,100 ORDINANCE NO. 369-77 Apptmpriations Ac~tnistration ~n~ineerin~ OCher Engineering Fees Contingency Airpor~ T.~rtd System Estimated Revenue F~d Balance Oon~ilmtion Co Cap£Cal Projects ~' 1,100 5,000 2,000 3,900 119,800 12,800 2o,55o $20,550 PASSIEI) BY T~g COUNC'.. OF TH~ CITY OF KI!2iAI, ALASKA, this of October, 1977. Sue C, Pet~.~, Ci.t:y ClT~rk ~ READING; October 19, 1977 ~ P,F. ADII~G: '-- CITY OF KENA~ ORDINANCE biO. 370-77 AN ORDINANCE OF THE g0UNCIL O~ THE ClT~ Of' KENAI, AIASKA APPRDPRZATIND $4,500 rg0~ 1974 REFUNDED BOND ISSUE ~ fOR PRELIMINARY ENGINEERIND (DS'PS OF THE M~I.(Y~G PR(MF.A"~: WATER LINES WH~, the City of Kena~ has contracted with Wince, Corthell & Associates, consulting engineers, to perform preliminary engineering on the above projects at a cost of $9,500, and WHEREAS, the Economic Development Admtrtistration has authorized grant funds in the amount of $5,000 to be spent toward preliminary engineering on the above projects, and WHERF~S, the above referenced grant funds were a~opted by C£ty of Kenai Ordinance No. 369-77, and WHERF~, preltndmary engineering expenses ~ncurred prior to authorization of gr~nt funds by the E.D.A. are ineligible for reimbursement by the B.D.A., ~nd W~BBF~, proper accounting practices require that all appropriations of CtLT montes be made by ordinance. ~, ~e:l~a:)gB, Bg IT ~ BY ~ (X)UNCIL OF TrlB CIT~ OF ~ that the portion of preliminary engineering costs on the above projects that are ineligible for reimbursement by the E.D.A. be funded by 1974 Refamded Bond Issue mon~es aa follows: Capital. Projects ~ Water & Sewer ;.~ttmated ~venue ~md Balance, 1974 Refunded Bond Issue (Wat~ & Se~) ,. $4,500 ~,tneer~, ineligible for E.D.A. Reimbursement $4,500 ORDIlla. NCE NO. 370-77, Page '1~ PASSED BY Ti~ 00UNCIL OF ~ CITY OF' KI!:NA/, ~, Chis of October, 1977. day AT~EST: V']I~ O'I~TT.T.Y, lVi~YOR City Clei~k Ocl:ober 19, 1977 CITY OF KENAI ORDINANCE [~D. 371-77 A~ ORDINANCE OF ~ OOUNCIL OF THE CITY OF IiENAI, ALASKA E~ABI,ISHI~G A CAPITAL PROIFAT FLUID ~ "REDOUBT WAY PAVING" AND IN~IN~ EST]/~TED ~ AND APPRO~0NS IN TIlE AI~D~ OF ~66,200 FOR E.D.A. PROdECT # 07-51-26965. l~l~J~, the City of Kenai is eligible for partial grant fundtrg for the instalhtion of drainage and the paving of Redoubt Way, and I~1~, the Economic ~evelopment Administration has offered a grant in the mwunC of $20,000 to fund a portion of this project, and I~:RFA~, the balance of $~6,200 of eligible grant costs will be funded from the 1974 Refunded Bond p'roceede, and l~, Ordinmaee No. 357 established an assessment district to retire the bonded indebtedness on both the eligible grant expenditures and also ineligible expenditures on this project, and ~, proper accounting practices requtze that all appropriations of City monies be made by ordimnce. I~0W, ~D~, B~- IT ORDAI~ BY TH~ C0t~¢IL OF TH~ CITY OF ~ that th~ following increases in estimated revenues and appropriations are hereby ma~: Redoubt Way_ Paving Estimated Revan~ Pund Balar~e 1974 P~d~ Bond Issu~ (Streets) ~8,200 F~onomic I~velopment Admir~tration ~-0,000 ·'~tLO~s Ol~e~eerlng ;'ees Inspection Construction Conti~anc~ 600 3,500 1,000 2,100 53,000 6,000 OROII~1ANC:E NO. 371-77, Page PASSED BY THE (X)UNCIL OF THE CITY OF KENAI, ALASKA, this of October, 1977. VINc"lt~ O'REm'~'m.Y, l~¥O'R ' Sue' C~Feter, C~ty Clerk _ October 19, 1977 CITY OF KENAI ORDINANCE NO. 372-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING $4,000 FROM 1974 REFUNDED BOND ISSUE MONIES FOR PRELIMINARY ENGINEERING COSTS OF REDOUBT ACCESS ROAD. WHEREAS, the City of Kenai has contracted with Wince-Corthell and Associates, Consulting Engineers, to perform preliminary engineering on the above project at a cost of $7,500, and WHEREAS, the Economic Development Administration has authorized grant funds in the amount of $3,500 to be spent toward preliminary engineering on the above project, and WHEREAS, the above-referenced grant funds were adopted by the City of Kenai Ordinance No. 371-77, and WHEREAS, preliminary engineering expenses incurred prior to authorization of grant funds by the iDA are ineligible for reimbursement by the iDA, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that the portion of preliminary engineering costs on the above project that are ineligible for reimbursement by the iDA be funded by 1974 refunded bond issue monies as follows= Capital Pro~ects - Streets Estimated Revenue Fund Balance, 1974 Refunded Bond Issue (Streets) $4,000 Estimated Expenditures Engineering, ineligible for iDA reimbursement $4,000 Ordinance No. 372-77 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS day of , 1977. ATTEST= VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: 10/19/77 , CITY OF KENAI ORDINANCE NO. 373-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "STREET IMPROVEMENTS" AND INCREASING ESTImaTED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $422,000 FOR EDA PROJECT NO. 07-51-26998. W~EREAS, the City of Kenai is desirous of upgrading Lilac Street, Walker Lane, Lupine Drive, Fourth Street and Kaknu Way, and WHEREAS, the Economig Development Administration has authorized grant funds in the amount of $190,000 to fund a portion of this project, and WHEREAS, the State of Alaska's Local Roads and Trails Program has also tendered a grant of $142,076 as partial financing, and W~EREAS, the City of Kenai's matching share for these grants is $89,924, financed by a portion of the fund balance from the 1974 Refunded Bond Issue, and W~EREAS, proper accounting'practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that the following increases in estimated revenues and appropriations are hereby made~ Street Improvements Estimated Revenue Fund Balance 1974 Refunded Bond,Issue (Streets) $ 89,924 State of Alaska, Local Roads and Trails $142,076 Economic Development Administration $190,000 Ordinanco No. 373-77 Page 2 Appropriations Administration Engineering Inspection Construction Contingency $ 3,700 $ 15,000 $ 14,000 $351,000 $ 38,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS day of , 1977. ATTEST: Sue C. Peter, City Cierk VINCENT O'REILLY, MAYOR FIRST READING: SECOND READINGs EFFECTIVE DATE: 10/19/77 CITY OF KENAI ORDINANCE NO. 374-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING $19,800 FROM 1974 REFUNDED BOND ISSUE MONIES FOR PRELIMINARY ENGINEERING COSTS OF THE FOLLOWING PROJECTS= LILAC STREET, FOURTH STREET -WEST OF FOREST DRIVE, WALKER LANE, KAKNU WAY AND THOMPSON PARK. WHEREAS, the City of Kenai has contracted with Wince-Corthell and Associates, Consulting Engineers, to perform preliminary engineering on the above projects at a cost of $34,800, and WHEREAS, the Economic Development Administration has authorized grant funds in the amount of $15,000 to be spent toward preliminary engineering on the above projects, and WHEREAS, the above-referenced grant funds were adopted by City of Kenai Ordinance No. 373-77, and WHEREAS, preliminary engineering expenses incurred prior to authorization of grant funds by the EDA are ineligible for reimbursement by the EDA, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, TREREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that the portion of preliminary engineering costs on the above-referenced projects that are ineligible for reimbursement by the EDA by funded by 1974 Refunded Bond Issue monies as follows: Capital Pro~ects - Streets Estimated Revenue " Fund Balance, 1974 Refunded Bond Issue (Streets) Estimated Expenditures Engineering, ineligible for EDA reimbursement $19,800 $19,800 Ordinance No. 374-77 Page 2 PASSED by the Council of the City of Kenai, Alaska, this day of , 1977. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR FIRST READINGs SECOND READING: EFFECTIVE DATE: 10/19/77 'i CITY OF KENAI ORDINANCE NO. 375-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING $6,900 FROM 1974 REFUNDED BOND ISSUE MONIES FOR PRELIMINARY ENGINEERING COSTS OF THE GENERAL AVIATION APRON WATERLINE. WIIEREAS, the City of Kenai has contracted with Wince-Corthell and Associates, Consulting Engineers, to perform preliminary engineering on the above project, at a cost of $6,900, and W~EREAS, the Economi6 Development Administration has denied authorization of grant funds toward preliminary engineering on the above project, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai that the portion of preliminary engineering costs on the above-referenced project that are ineligible for reimbursement by the EDA be funded by 1974 Refunded Bond Issue monies as follows: Capital Projects - Water and Sewer Estimated Revenue Fund Balance, 1974 Refunded Bond Issue (Water & Sewer) $6,900 E~,t~mated Expenditures Engineering, ineligible for EDA reimbursement $6,900 Ordiltance No. 375-77 Page 2 PASSED by the Council of the City of Kenai, Alaska, this day of , 1977. ATTEST= VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk FIRST READING~ SECOND READING= EFFECTIVE DATE: ~0/~9/77 CITY OF KENAI RESOLUTION NO. 77-140 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING BID FOR NEW VEHICLE FOR PUBLIC WORKS DEPARTMENT. WHEREAS, the City of Kenai solicited bids for the purchase of a new, intermediate size, four door sedan for the Public Works Department, and WHEREAS, one bid was received for the vehicle specifically requested by the City of Kenai. NOW, THEREFORE, BE IT RESOLVED THAT THE FOLLOWING BID AND AMOUNT IS HEREBY ACCEPTED AND CONTRACT AWARDED FOR THE BIDDER AS NAMED: Proposal %2 of Alaska Chrysler, Inc. - 1978 Plymouth Volare four door sedan Equipment per City of Kenai specifications, attached hereto and incorporated herein by reference, except undercoating added and anti-freeze to 50° below zero added. Price delivered in Kenai: $4,706.45 Price includes 12 month oz 12,000 mile warranty, whichever comes first. Allowance for 1968 trade-in will be value at time of delivery, no less than $100 or more than $400. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of October, 1977. ATTEST: VINCENT O' REILLY, MAYOR Sue C. Peter, City Clerk CITY OF KENAI SPECIFICATIONS 1978 Four Door Sedan, intermediate sizo, including the following: Six Cylinder Engine, with no less than 225 cubic inches Power brakes and steering Limited Slip Differential Automatic Transmission Oil, gas, Ammeter and Temperature Gauges Spare Tire and Wheel Jack Rear Window Defroster Outside Rear-view Mirrors Factory Body and Chassis Service Manuals Heavy Duty Charging System (65 amp or better) Tank Heate= Warrantees The supplier shall stipulate the minimum warantees and the location of the servicing agent. Preference will be given the supplier who can furnish the necessary service with minimum delay. Trade-In Bids submitted should allow credit for trade-in of a 1968 Dodge four door sedan, Seriai No. WF4F8E147960. Delivery Date 60 days after bid opening ADVERTISEMENT FOR BID The City of Kenai is accepting bids for a new, intermediate size, four door sedan. Sealed bids shall be received by the City Clerk until 10:00 a.m., October 3, 1977 and bids shall be opened at that time. Bids should be marked "SEDAN BID" in the lower right hand corner of the envelope and addressed to the City Clerk, City of Kenai, Post Office Box 580, Kenai, Alaska 99611. Detailed specifications may be obtained at the City of Kenai Administrative Offices located in the Kenai Municipal Airport Terminal or by oalling 283-7530. The City reserves the right to reject any and/or all bids and the right to waive discrepancies. PUBLISH 9/22 & 9/29, 1977 ALASKA CHRYSLER BOX 1331 KENAI. ALASKA 99611 1907) 283-4821 INC CITY OF KENAI BOX 580 KENAI, AK 99611 SEPTEMBER 29, 1977 ATTN: CITY CLERK GENTLEMEN: ARE PLEASED TO SUBMIT THE FOLLOWING BID: PROPOSAL #15 1978 PLYMOUTH FURY 4 DOOR SEDAN, EQUIPmeNT PER YOUR SPEC- IFICATIONS, EXCEPT...318 V8 ENGINE SUBSTITU'D?'D, UNDERCOATING ADDED, AND ANTI-FREEZE TO 50° BELOW ZERO ADDED. PRICE DELIVERED IN KENAI $ 4,964.75 WITH 225 STX CYLINDER ENGINE AND NO LIMITED SLIP DIFFERENTIAL... PRICE DELIVEI~ED IN KENAI $ 4,817.45 SAL #2 .' 1978 PLYMOUTH_~VO.__LA _ DOOR SEDAN, EQUIPMENT PER YOUR SPEC- IFICATIONS, EXCEPTS'.. UNDERCOATING ADDED, liND AN?I-FREEZE TO 50 PRICE DELIVERED IN KENA! / $ 4,706.45 ALL V~HIC,.~.S.~U~:~'R--~-~0.00~-- MILES wAm~?~'r-w~ic~EVER"COMES ..-~c~ FOR 1968 TR~DE-IN WIL~'%~. VA'.,~ AT T~ME OF DEL~V~.R~, NO LESS TH~ ,/' ~1oo.oo OR ~o~ ~ ~;4oo.oo..~.... ' <,.~_ IF,?~..~.am."-'~it~R ~UESTIONS, PLEASE Cat&.. ' /'(, U' . CITY OF KENAI RESOLUTION NO. 77-141 A RESOLUTION OF THE COUNCIL OF TIJE CITY OF KENAI, ALASKA, REJECTING BIDS RECEIVED FOR TWO NEW POLICE CARS. WHEREAS, bid specifications called for a trade-in value of the two police cars to be replaced, and WHEREAS, the bid received did not so indicate a trade-in value, and WHEREAS, other bidders may not have bid due to that requirement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid received is hereby rejected and request for bids shall be readvertised. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of October, 1977. ATTESTs VINCENT O'REILLY, MAYOR sue c. Peter, city Clerk ALASKA CHRYSLER BOX 1331 KENAI. ALASKA 99611 (907} 283-4821 INC CITY OF KENAI BOX 58O KENAI, AK 99611 ATTN= CITY CLERK GENTLEMEN = WE ARE PLEASED TO SUBMIT TIlE FOLLOWING BID: PROPOSAL #1 ~ PROPOSAL SEPTEMBER 29, 1977 TWO UNITS 1978 PLYMOUTH FURY 4 DOOR SEDANS, POLICE SPECIAL, EQUIPMENT PER YOUR SPECIFICATIONS. PR/CE DELIVERED IN KE~AI $ 5,469.90 TWO UNITS 1978 PLYMOUTH VOLARE 4 DOOR SEDANS, POLICE SPECIAL, ALL VEHICLES HAVE A 12 MONTH OR 12,000 MILES WARRANTY, WHICHEVER COMES FIRST. SERVICE DEPARTMENT LOCATED IN KE. NAI. IF T~ERE ARE ANY FURTHER QUESTIONS, PLEASE CALL. THANK YOU FOR THE OPPORTUNITY TO BID. RESPECTIVELY SUBMI%~I~D, FLEET ~%NAGER m/PM CITY OF KENAI RESOLUTION NO. 77-142 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RATIFYING ENGINEERING AGREEMENTS RELATIVE TO LOCAL PUBLIC WORKS ACT PROJECTS. WHEREAS, as a part of the Local Public Works Act application encompassing some $1,625,000 of federal funds and some $800,000 of City and State funds, engineering contracts were required to accompany the applications, and WHEREAS, basic data as to the application had been approved by the Council, and WIIEREAS, in accordance with the applications, adequate funds were identified for the continuing engineering activities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the con~ract with Harold Galliett in a sum not to exceed $36,900, and the contract with Wince-Corthell and Associates in a sum not to exceed $36,000, are hereby ratified. ATTES?~ VINCENT O'REILL¥, MAYOR Sue C. Peter, Ci%y Clerk AGREEM[I~T FOR E:IGII;££RIr:G SE~IVI££S ~6~,~ i977, by and the City oF Kenai, Alaska, hereinaft~:r r¢(urr(.'d to as ti~e O'.::!LR, and ConsultAnts of Alaska, A Professional Corporation, ~.~,a Wince .. Corti~e)l Associates, hereinafter referred to as the The OW~:ER intends to construct improvements to certain City streets including; Item A-3, Redoubt ;.:ay, from Willow Street to Carr's .'L-'~I1; and Item D-l, Airport Terminal Access Loop; consist in9 of :,term drainase, curbs and gutters and ~avi~.~, ~,,~,,.~n agrees to p~rform the various professional er. gineerlng services r,:fluired for the design of said improvements, hereinafter referred to as the projects. WITI. iESSETtI: Ti~at for an~J in consideration of the mutual covenants and promises between the parties I,ereLo, it is hereby agreed: SECTION A - ENGI:;EERIRG SERVICES That tl~e CNGIi:CER shall furnish basic engineering services as follows: The ENGINEER will perform the necessary surveys to determine the contours, 'clearances, locations and dimensions .of all land features and structures 'wllich pertain to or affect the design of the projects. The E~iGIi:[ER will locate and/or establ, ish temporary and permanent survey control markers, both horizontal and vertical, adequate to locate the projects with respect to property boundaries and existing survey control points and datum. The ENGINEER will perform subsurface explorations wl~ich are necessary for the design of the project. .3. The Et~GI;.)EER will prepare preliminary plans and cost estimates, and design reports, and furnish five copies to the O~:;(ER. The ENGINEER will attend conferences with the OWNER and representatives of other interested parties. ; : After the preliminary plans hav~ been reviewed and the OWNER directs the ENGINEER to proceed, ~nd ENGINEER will accomplish the detailed design of the projects, prepare detailed plans, specifications and contract documents, and mare final cost estimates based on the final designs. The contract documents shall include the notice to bidders, proposal form, contract a~ree- ment form, general conditions, special provisions, a:~ forms for payment and performance bonds. All of these documents shall be subject to OWNER approval. The ENGINE:R will furnish copies of plans, specifications and contract docu- ments as r,.quired by prospective bidders, material s,,:ppliers, apd other tnterestu,. ~arties. Upon award of each contract, the ERGI~;EER will furnish to the 0;;:..'~ six sets of the plans, specifications, mhd contract documents for execution. Original documents, survey notes, trmcings, and the like, except ti:ese furnished to the ENGINEER by the O~I.~IE.R, are and shall remain the property of the ENGINEER. Pa~e I of 6 · 7. Tile plans prepared by tim EI~GI~;EER under the provisions of Section A-5 above she'll be in sufficient detail to permit the actual location of tile proposed improvements on the ground. The E;';GI:;EER shall prepare, and furnish to the Ou,.'K~ three copies of a map showing the needed cofmstruction easements and permanent easements, the land to be acquired, and the nar. es of the property owners involved. Property surveys, property plats, legal descriptions, and negotiations for land rights shall be accomplished by the OWe;ER, unless the OWF, ER requests the ENGINEER to perform these services. In the event the E~;GI;(EER is requested to perform such services, the ~,,~,,,-..~ shall be com- pensated as set forth in Sections D and E hereof. 8. The EI~GINEER will attend the bid opening and tabulate the bid proposals, make an analysis of tile bids, and make recommendations for awarding contracts for construction. 9. The ENGI:JEER will check and approve any necessary shop and working drawings furnished by contractors. 10. Tl~e ENGINEER will interpret the intent of the plans and specifications to protect the O;..,,ER against defects and deficiencies in construction on the part of tile contractors. The ENGH.:EER will not, i~owever, guarantee the performance by any contractor. ll. The ENGINEER shall obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the E::Gi[:EER or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement. SECTION B - CONSTRUCTION SUPPORT SERVICES That the ENGINEER shall perform services as follows during the course of construc- tion, for Items A-3, D-l, and Items A-l, A-2, A-4, A-5, A-6, B-2, B-3 and C-2 as described in the Contract dated June 29, 1977, between the OWNER and the ENGINEER: l. The ENGINEER will supervise any required subsurface.explorations. 2.' The ENGINEER will prepare and submit proposed contract change orders when applicable.' ,. e The ENGINEER shall prepare monthly reports based on records of the OWNERI's inspectors, covering the general progress of the jobs and describing any problems or factors contributing to delays. The ENGINEER shall distribute copies of the monthly reports as instructed by the O~NER. ~ 4. The ENGINEER shall review and approve the contractors' schedules of amounts for contract payments. 5. The ENGINEER shall certify partial payments to Contractors. · . Page 2 of 6 Ge Tile ENGINEER shall prepare as-built drawings after completion of the pro- jects, based on tile records and notes of tile OWNER. The E~GINEER shall review and approve any shop drawings and samples submitted by Contractors, pursuant to requirements of tile construction contracts· The ENGINEER shall perform a prefinal inspection in company with the OW~:ER's inspectors, and shall prepare a list of items to be corrected (if any). The ENGINEER shall perform a final inspection in company with the OW:i:ER's inspectors, and shall advise the OW;IER as to the acceptability of the work. SECTION C - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for services as follows: l. For services under Section A by payment of an amount computed from actual ~i;ne expended and expenses incurred, at the rates set forth in Section E. The The compensation for work on each item shall be computed separately, anc the total compensation for each item shall not exceed the respective amount as follows: Cost (not to exceed) A-3 $5000.00 9 These limits of costs shall not apply to work performed under Section D, nor to work required for redesign of any item after approval of the design by the OWNER, nor to modifications of bid documents required because of changes in bid dates or re-bidding. Payment of compensation under this Section shall be made as follows: A. Upon submission of preliminary plans, payment for time and expenses expended, less 10%. Be Upon submission of Ifinal plans, specifications and bid jocuments, pay- ment for time and expenses expended, less 20%. C. Upon completion of all services required, payment in full. Fayments shall be made separately for each item, according to the stage of completion of the respective item. For services under Section B, by payment of an amount computed from actual time expended and expenses incurred, at the rates set forth in Section E. The compensation for work on each item in Section B shall be computed sepa- rately, and the total compensation for each item shall not exceed the respec- tive amount as follows: Page 3 of 6 ! tern · .C, ost (.~?t to eXCeed): These limits of costs shall not apply to work p6rformed under Section D, nor to work required for redesign of any item after approval of the design by the OWtlER, nor to modifications of bid documents required because of changes in bid dates or re-bidding. Payment of compensation under the Section shall be made monthly, upon submittal of properly certified invoices to the OW2ER by the :~-;GIt,~:R. Invoices shall show separate amounts for each applicable item of Section !~. SECTION - ADDITIONAL ENGINEERING SERVICES That, in addition to the foregoing services, the following services may be re- quired upon written authorization of the OWNER: ). Laboratory tests, well tests, borings, specialized geological, hydraulic, or other studies recommended by the ENGINEER. 2. Assistance in negotiating for land and easement rights. 3. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER. 4. Appearances before courts or boards on matters of litigation related to tile project. $. Basic services beyond the original scope of the project, when mutually agreed upon.by tile OWNER and the'ENGINEER. Payment for the services specified in this SeCtion D shall be in accordance with the schedule set out in Section E hereof. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, at the end of each month for compensation for services performed hereunder during such month, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month. .'t P~ge14 of 6 I, SECTION E SCIIEDULE OF RATES AI;D CIIARGES FOR £I~GII;EERI~:G SERVICES That the rates anc charges for services u~der Sections C and D shall be: l. Er(GINEERI[~G RATE PER IIOUR Engineer, Grade I Engineer, Grade II Engineer, Grade III Engineering Technician Draftsman Typist (Reports and Specifications Only) 34.00 29.50 25.00 22.50 13.00 13.00 2. SURVEYIIJG 4-Man Party 83.50 3-Man Party 71.50 2-Man Party ' 49.50 Crew Chief Alone 27.50 Electronic Distance Measuring Instrument 8.80 3. REIMBURSABLE EXPE~SES a. Automobile travel from office to project site at S0.25 per mile for both ways. b. Actual cost of subsistence and lodging. c. Actual cost of long-distance telephone calls. d. Actual cost of printing and reproductions. e. Actual cost of special tests and services of special consultants under 'Section O. f. Actual cost of commercial transportation. To the totals of the costs of items b, c, d, e, and f above, an a~ount of 10~ shall be added for overhead expense. SECTION F - TERMINATION .Thatj in the event of termination or indefinite postponement of all or part of this project by the OWNER, the :ENGINEER shall be compensated for work accomplished to that time as follows: .' For work actually accomplished under Sections A an~ D, payment for employee time based on the payroll and time records of the EI4GINEER, at the rates in Section Ej but not to exceed 90[ of the total anount(s) stipulated in Section C. To this amount shall be added payment ~or costs incurred as stated in Section C. I ) ~age 5 of 6 I SECTION G - TIME OF PAYMENT Tl~at al) correct payments under this agreement are due and payable within 30 days after the date of each invoice. Any amounts unpaid after 30 days after the date of the invoice shall have added to them interest at the rate of 8% per annum, computed from the date of the invoice until paid. .© SECTION N - EXECUTION IN WITt:ESS WHEREOF, the parties hereto have executed, or caused to be executed by tlleir duly authorized officials, this Agreement in duplicate on the respective dates indicated below. , (SEAL) Type~/Name Sue C. Peter Title City Clerk (SEAL) ^TTEST:// 1-' Type Name Alan N. Corthell I itlo, SocTet ary OWNER: CITY OF KEt;A~ Type Name John E. lfi se Title City Manager Date Augt, st 9, ]977 EftG] NEER: Type Name Frank W. Wince Title President Date ADDENDUN . Item A-3 in the body of this contract re£ers to Redoubt Way. · refers to the' Airport Terminal.Loop. " Date, August 9, 1977 .... Date August 9, 1977 Item D-1 WlNCE.CORTHELL AND ASSOCIATES CITY OF KENAI John E. Wise Page 6 of 6 AGREEMENT FOR ErlGINEERI~G SERVICES THIS AGREENENT, made this ~l'~day of '"Y~'~'~, lg77, by and between the City of Kenai, Alaska, hereinafter referred to as the OW~iER, and Engineering Consultants of Alaska, A Professional Corporation, dba Wince - Corthell and Associates, hereinafter referred .to as the EflGItlEER: The O~ER intends to construct certain water lines and sewer lines, and construct improvements to certain city streets; and the EtlGI~EER agrees to perform the various professional engineering services required for the design of said improvements, hereinafter referred to as the projects. WITNESSETH: · That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: i. The ENGINEER will perform the necessary surveys to determine the contours, clearances', locations and dimensions of all land features and structures which pertain to or affect the design of the projects. The ENGI~EER will locate and/or establish temporary and permanent survey control markers, both horizontal and vertical, adequa{e to locate the projects with respect to property boundaries and existing survey control points and datum. 2. lhe ENGINEER will perform subsurface explorations w~ich are necessary for the design of the project. The ENGINEER will prepare preliminary plans and cost estimates, and ' design reports, and furnish five copies 'to the OW)IER. The ENGINEER will attend conferences with the OW~)ER and representatives of other interested partips. 5~After the preliminary plans have been reviewed and the OWNER directs the ENGINEER to proceed, the ENGINEER will .accomplish the detailed ~ design of the projects, prepare detailed plans, specificat!nns and · contract documents, and make final cost estimates based on the final designs. The contract documents shall include the notice to bidders, proposal form, contract agreement form, general conditions, special provisions, and forms for payment and performance bonds. ~ll of these documents shall be subject to OWNER approval. 6. The ENGI~IEER will furnish copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties. Upon award of each contract, the ENGINEER will furnish to the OW)IER six sets of the plans, specifications, and Page 1 of 6 contract documents for execution. Ortotnal documents, survey notes, tracings, and the ltke, except those f~rnished to the ENGINEER by the OWNER, are and shall remain the property of the Et~GIN£ER. 7. The plans prepared by the EUGIt1EER unde.- the provisions of Section above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The EtlGI~!E~R shall prepare, and furnish to the O:~:IER, three copies of a map showing the needed construction easements and permanent easements, the land to be acquired, and the names of the property owners involved. Property surveys, pro- perty plats, legal descriptions, and negotiations for land rights shall be accomplished by the O~NER, unless the O~!II~R requests the ENGINEER to perform these services. In the event the E~GIt:EEq is re- quested to perform such services, the ENGI~!EER shall be compensated as set forth in Sections 0 and E'hereof. 8. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for construction. 10. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. The ENGINEER will interpret the intent of the plans and specifications to protect the ObINER against defects and deficiencies in construction on the part of the contractors. The ENGI~EIER will not, however, guarantee the performance by any contractor. The ENGINEER shall obtain and maintain at the ENGINEER'S expense, such' insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the Et=GINEER'S functions and services required under this Agreement. SECTION B - DESCRIPTION OF PROJECTS 'That the projects shall consist of the following: it~em Location · A-1 Lilac Street, from Kenat -, Spur Highway to Wildwood Road (extended) A-2 Walker Lane, from Kenat .i Spur Highway to Walker Residence A.4~- Lupine Drive, from Kenai ' Spur Highway to 65th Avenue p~opqsed..Improvements Sravel Surfaced Street Gravel Surfaced Street Gravel Surfaced Street Page 2 of 6 A-5 A-6 Gravel Surfaced Street Fourth Street, from Forest Ortve to 33rd Ave. N. W. Kaknu Way from 17th Ave. N. E. to 23rd Ave. N. E. B-2 General Aviation Apron Water Line, lgO0' ~. B-3 Willow Street--Main Street Water Line to Post Office McCollum Drive--Kenai Spur Highway to 400' north Gravel Surfaced Street C-2 Sewer Line SECTION C - COHPENSATION FOR ENGIIIEERING SERVICES That the OWNER shall compensate the E)IGiNEER for services under-Section A by payment of an amount computed from actual time expended and expenses '. incurred, at the rates set forth in Section E. The compensation for work on each item in Section B shall be computed separately, and the total compensation for each item shall not exceed the respective amount as follows: .. %tem Cost (not to exceed)l ~.. A-1 $3000. A-2 5000, i~* A-4 6000. , , A-$ 6000. A-6 5000, B-2 5000, '* B-3 4000, C-2 2000, . These limits of costs shall not apply to work performed under Section D, ~ nor.to work required for redesign of any item after approval of the design . by the OWNER, nor to modifications of bid documents required because of · .** changes in bid dates or re-bidding, ' ' Payment of compensation under this 'Section shall be made as follows: " l~'.'u~on submissio'n of preliminary plans, ~ayment for tfme and expenses .. expended, less lO~. . 2. Upon submission of final plans, specifications and btu documents, payment for time and expenses expended, less 204. 3. Upon completion of all services required, payment in full. Payments shall be made separately for each item undbr Section B, according to the stage of completion of the respective item. Page 3 of 6 '~~T SECTION D - ADDITIONAL EtlGINEERIIlG SERVICES · hat, in addition to tile foregoing services, the following services may be required upon written authorization of the O~NER: 1, Laboratory tests, well tests, borings, specialized geological, hydraulic, or other studies recommended by the ENGIHEER. 2. Assistance in negotiating for land and easement reights. 3. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER. ' 4. 'Appearances before courts or boards ~n matters of litigation related :to the project. Payment for the services specified in this Section D shall be in accordance with the schedule set out in Section E hereof. The E~IGINEER will render to OWNER for such services an itemized bill, separate from any other billing, at the end of each month for compensation for services performed hereunder · during such month,'the same to be due and payable by ObiHER to the ENGIfiEER on or before the 10th day of the.following month. SECTION E SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES That the rates and charges for services under Sections C and D shall be: 1. ENGINEERING , )ATE PER HOUR Engineer, Grade I Engineer, Grade II Engineer, Grade III Engineering Technician Draftsman Typist (Reports and Specifications Only) 4-Man Party 3-Man Party 2-Man Party Crew Chief Alone Electronic Distance Measuring Instrument 34.00 29.50 25.00 22.50 13.00 13.00 83.50 " 71.50 49.50 27.50 8.80 REIMBURSABLE EXPENSES a. Automobile travel from office to project ~tte at $0.2$'per mile for both ways. · Page 4 of 6 ! / '1-- ~ il '~~ b. Actual cost of subsistence and lodging. I [ [I/f~ c. Actual cOst of long-distance telephone calls. I d. Actual cost of printing and reproductions. e. Actual cost of special tests and services of special consultants under Section O. , f. Actual cost of commercial transportation. ~ To the totals of the costs of items b, c, d, e, and f above, an amount of 10~ shall be added for overhead expense. SECTION F - TERM]NATiON That, in the event of termination or indefinite postponement of all or part of this project by the OH[IER, the ENGINEER shall be compensated fo~ work accomplished to that time as follows: Fo~ work actually accomplished under Sections A and O, payment for employee time based on the payroll and time records of the · ' at the rates in Section E; but not to exceed 90% of the total amount(s) stipulated in Section C. To this amount shall.be added payment for costs incurred as stated in Section C. " SECT[ON G - TIME OF PAYHENT That all correct payments under this agreement are.due and payable within 30 days after the date of each invoice. Any amounts unpaid after 30 days after the date of the invoice shall have added to them interest at the rate of 8[ per annum, computed from the date of the invoice until paid. Page 5 ~'~ 6 SECTION H - EXECUTION IN WITNESS %~HEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates (SEAL) indicated below. O~NER: CI~ ATTEST: Type Name Type Name Elena E. Horton Date .... .Title Secretary, · John E. l~rise Ci t¥..Ma,.nager J,une 29~1977 : (SEAL) .Type Name Alan ~). Cnvthell Tttle Secr~tar~ _ _, ENGINEER: Type Name_ Frank W._ Wince Title President Date Page 6 of 6 MISCELL~/~'EOU$ WATER, S~fER AA~)..-STREET DESIGN PROJECTS ADDE,~D~ NO: I The following a0dttion is hereby made a_pW;Ot of t_he~ for Enf;ineerinc Servtce.~ approved on ~ U~ 7 [~ between ~he-C~Y of Kenai a~a E~gineering Con~ul%--~n~ of--/t~a~dbm Wince- C~hell ~d SE~ION D - ~DITIO:;~ ENGI~ERII:G ~RVICES Bms~e S~ices b~ond %he original scope of ~he pro~ec% ~escri~e~ within ~ection B of %h~s contract when a~eed upon ~ ~th partie~,. Other Ch~nge~ Dated: Juno ~-9, 1977 Winee-Corthell & Associates ' ~hilip W. Brys~, CITY OF EI".NAI KENAI, Al,ASEA SECONI) A~IJ';ND.XII".NT TO CONTRACT FOR EN(IINF. I';ltlNfi SEIIVICES I)ATED 2nd OCTOIII".R 1975 In consideration of the mltlunl eovcnn~)ts and conditions contained tn the basle contract for engineerit)g sevviees dated 2nd October 1975, nnd of Ihe requi~e,~enls of the U. S. Economic ~)evelopment Administration, (he-~tnafter called the "EDA"), fo~ I,PW ffrnM financing of the Covered I%table Storage Reservoir project (formePly called the "FtPe water ~esulti~g from said engineering ~ervieos, the City of ~enni fhereinnftev called the "Ci~") by and through its ciW Council: and l~nrold !~. Gnlliett, Regbte~.ed Civil Engineer (hevein~fter called the "Engineer"), mutually agree that tho basic eontraet for engineering services la hereby amended ns follows: !, EMPLOYMENT OF TIlE ENGINEER Tho following requirements are added to ~'nragraph 1, E}IPLOY,qENT OF ~llE ENGINEER: B. Necessary professional services shall include, but ufo. not limited to the following: !. Design the project in accordance with tho intent of the Loan nnd/or Grant Agreement between tho City of l(enai and the EDA. 2. Redesign the project to conform to bid alternates approved by the En~neor. the City nnd the E])A and/aP in tho event thn lowest responsive bid leas deductive altered:dos exceeds the EDA - approved construe.- ties and project improvement estimate of $1,204,000 plus twenty-five pePeent (255) thereof. 3.. Design the proJeet to conform to Fed,rnl. State and local standards regarding air and water pollution. 4. Use EDA forms for in~truetions to blddevs, general conditions, contract, bid bond, performance bond and payment bond. §. Submit nil eontraet documents for £DA approval. as follows: The time for performance of enginee~ing services shall be a, Completing of eontFaet documents, cost estimate and engineer's report - July 29, 1977. July 29, 1977. b. Submitting contract documents for required approvals - e. Completing contract documents in fl form sufficient for soliciting bids for construction of the project - July 29, 1977. ?. Resident inspection shall be provided by City personnel at City expense separately and apart from this eontrflet. 8. Be responsible for defeeta in design. 9. Supervise subsurface investigations. lO. Attend bid op¢.ninlf.% prepare nwl submit tubul,tions of bids and lacks reeommeadnlJOllS aa to eollll'ilet awnrd~. Il, lteview proof of bidders' qualifications nnd recommend approval or disapproval. 12. Prepare and submit contract change orders. 13..Submit a monthly report to the City. with a copy of the report to tho EDA regional office, covering the general progress of the Job and describing any problems or factors contributing to the delay. 14, Review and approve the contractor's schedule of amounts for contract payments, and certify partial payments to contractors. 15. Assure that a ten percent (10%) retaina~o, is withheld from all payments on construction eontrnets until final neceptnnee by the City and approval by the EDA regional office. 16. Prepare "as-built" drawings after completion of the project. Furnish reproducible copies of "as-built" drawings to the City, and furnish one copy of "as-built" drawings to the EDA re~,ional office within sixty days after construction has been completed and final Inspection has been performed. 1'/. Review and approve the contractor's submission of samples and shop drawings. IS. Comply with regulations of t~e U. S. Department of Commerc~ (Part 8. Subtitle 15, CFR) regarding nondiscrimination in employn~ent because of race. religion, color, se~ vnd national origin. IV. COMPENSATION FOR ENGINEER',q SERVICES A. Basle 8crvtces Additional compensation to be paid by the City to the Engineer for "Basic Services" in connection with the LPW Covered Potable Water Storage Reservoir project shall not exceed $24,600. B. Special Services Additional compensation to be paid by the City to the Fa;inset for 'Special Services" in connection with the LPW Covered Potable ~'ater Storage Reservoir project shall not exceed $12,300. C. Time end Costs Within tho limitations of compensation for '*Basle Services'* and **Special Services" above, compensation for the Engineer's services shall be based on actual time and costs expended in performing the work, and shall be computed in accordance with the following schedule: 1. Time a. Prinelpal F, nginccr $50.00 Per Hour b. Employees Times Wages Costs a. At Actual Cost to the P. nffineo, r IN' WITNESS WIIERE_OF, tho pm'rios hereto have executed this eontx'aet as of the ~ day of 1977. (Witness) CITY OF lfENA! John F,. wise, City .~Anflger CITY OF KENAI RESOLUTION NO. 77-143 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE NITHIN THE 1977-78 FUND BUDGET. FROM: Water and Sewer Repair and Maintenance Supplies ($2,500) TO: Sewage Treatment Plant Repair and Maintenance $2,500 The purpose of this resolution is to transfer funds within the FY 1977-78 General Fund Budget to provide for the repair and maintenance of the Sewage Treatment Plant design blowers. Insufficient funds were provided in the 1977-78 budget for such repairs and maintenance and these blowers must be operational to comply with sound operational procedures at the Sewage Treatment Plant. PASSED by the Council of the City of Kenai, Alaska, this 19th day of October, 1977. ATTEST~ VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk CITY OF KENA! RESOLUTION NO. 77-144 BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF KENAI. ALASKA. THAT TIlE FOLLOWING TRANSFER OF MONIES BE B~ADE WITHII~ TIlE 1977-78~ BUDGET. FROM: Contingency ($1,000) TO: Non-departmental- utilities $1,000 The purpose of this resolution is to transfer' funds within the General Fund to provide for funding of utility costs of Fort Iienay in excess of the $750 budgeted fox' the Senior Citizens Program. Utility costs of Fort Kenay are expected to be approximately $1,750 for FY 1977-78. Since the Senior Citizens Program occupies only a portion of Fort Kenay, and since Fort Kenay rental income is recorded in the General Fund, it is appropriate that the utility costs in excess of the Senior Citizens Programs share be paid ft, om the General Fund Budget. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of October,, 1977. ATTEST: Sue C. Peter, City Clerk VINCENT O~REILLY, MAYOR CITY OF KENAI RESOLUTION NO. 77-145 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE AUDITED FINANCIAL REPORT OF THE CITY OF KENAI FOR YEAR ENDED JUNE 30, 1977. WHEREAS, pursuant to SecUon 5-10 of the Charter of the City of Kenni, Peot, Mar'wick, Mitchell & Co. have audited the financial transactions and statements of the City of Kenai, Alaska, and WHEREAS, such audit has been presented to the Council and to the City }~anal~er in accordance with Charter requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the audited financial report of the City of Kenai, Alaska fop year ended June 30, 1977 is hereby accepted. PASSED BY TIlE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of October, 1977. ATTEST: VINCENT O'REILLY, MAYOR 8u~ C. /~eter, City' Clerk CITY OF I(ENAI RESOLUTION NO. 77=146 A RESOLUTION OF THE COUNCIL OF TIlE CITY OF KENAI, ALASKA, RESCINDING RESOLUTION NO. ??-63. WHBRF, AS, Resolution 77-63 adopted by Council on l~ay 4, 1977 provided for the expenditure of $120,000 of the street portion of the 1974 P. ofunded Bond Issue, and WHEREAS, Ordinance numbers 367-77, 368-77, 369=77, 3?0-77, 371-77, 372-77, 373=77, 374-?7, and 3?5-??, have replaced Resolution No. 77-63. NOW, THgREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that Resolution No. ??-63 is hereby rescinded. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 19th day of October, 1977. ATTEST: Sue C. Peter, City Clerk VINCENT OtREILLY, MAYOR ~)WARO ;. O~qNETT LF~S£ OF AIRPORT LANDS OR FACILITIES THIS AGREEMBNT, entered into this day of , 19 , by and between the CITY OF KENAI,~homerule"municipal co~-~oration of Alaska, hereinafter called "City", and JACK C. ESTES or MAVIS H. ESTES, hereinafter called "Lessee". That the City, in consideration off the palanents of the rents and the performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the followin§ described property in the Kenai Recordin§ District, State of Alaska; to wit: Lots Two (2) and Three (3), Block One (1), COOK INLBT INDUSTRIAl, AIR PARK, Kenai Recording District, Kenai, Alaska. Term: The' term of this Lease is for 99 years, commencing on the l~-'~ay of October, 1977 to the 30th day of June, 20?6, at the annual rental of $2,695.02. Payment: Subject co the terms of Ceneral Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized as of the ..~lSth day of October, 1977, and the first rent shall be computed 'from such date until June 30, 1978, at the race of $7.38 per day for 258 days, equals $1,904.04 now due. (b) Annual rent for the fiscal year be§innin§ July 1 and endin§ June 30 shall be payable in advance, on or before the first day of July of each year. (c) Rental for any period which is less than one (1) year shall be prorated, based on the race of the last full year. (d) The rent specified herein is calculated as follows: 44,917 square feet ac $.06 per square foot per year, or ~ per year. In addition to the rents specified above, subject to General Covenant No. 10, the Lessee a§rees to pay Co the City fees as hereinhfter provided: (a) Assessments for public improvements now benefiting property in the amount of N/A. (b) Applicable taxes to leasehold interest or other aspects. (c) Sales Tax now enforced or levied in the future. f (d} Lessee agrees to pay all assessments levied in the uture by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the rate of eight percent (8%) per annum EOWARD L, OARNKTY and ten percent (10%) penalties on any amount of money, owed under this Lease which is not paid on or before the date £t becomes due. [] The primary purpose for which this Lease is issued Is: i] Music Studio and Commercial Shops on first floor Apartments on second floor or any business or activity not inconsistent or in violation of any Federal, State, Borough or City Laws, ordinances, rules or regulations. 6'EI~IERAL COVENANTS 1. Uses: Except as provided herein, any regular use of lands or facilit~l~swithout the ~rfitten consent of the City is prohi- 'bited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas and street. The Lessee or Lessee's sub- tenants may use all or any part of the demised premises or facilit- ies for any lawful use not in niolation of Federal, State, Borough or City Law, ordinances, rules or regulations. 2. Uses not Contemplated Prohibited: Solicitation of dona- tions or the prom~tion or operati~n of any part or kind of bus- iness or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the witten consent o£ the City of prohibited. . 3. Impounding of PropertE: Any or all personal or real pro- ~perty placed or used upon lands or in facilities in violation ,~:,.~bf prohibitions of this lease, covenants or conditions or airport ~V Ye§ulations may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the o~ner thereof only upon the payment to the City of the costs of removal plus storage charges of $1.00 per day, or $5.00 per day in the case of each building, or in the case of any other kind of property, an amount not to exceed $5.00 per day, ~. Commitment for Rent and ~on-Assignment: Lessee agrees to pay the annual rental and not to assign this base Lease, either :'by grant or implication without the written consent of the City, ~hich consent shall be obtained pursuent to the followin§ pro° cedure: (a) Submittal Co, and approval of, proposed lease trane- i! fer by the Kenai Planning Commission. final ~b) After approval by the Kenai Planning Commission, approval of transfer by the City Council. I Any assignment in vioation of this provision shall be I,!void, and shall be grounds for c~ncellation of this Lease by the " The Lessee shall have the right to sublet all or any :[ :part of the lands or fac$1~ti~s to any per!on, persons, firms or i~corporation consistant ~th the purposes si this lease and para- !igraph 1 above. I!' 5. Treatment of Demise~ The Lessee agrees to keep the pre- ,mises; clean and in good order at its ovm expense, suffering no strip or waste thereof. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. Payment of Rent: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Eenai, Alaska. ,[ 7. Construction Approval and Standards: Buildin§ Construction ]LEASE -2- !lshall be neat and presentable and compatible with its use and isurroundings. Prior to placing of fill material and/or con- struction of buildin§s on a leased area, the Lessee shall submit a plan of propoaed development of property to the City Planning ,Commission which shall be approved in urriting for all permanent :iimprovements. iT 8. ~ase Renewal Request Procedure: Lessee shall within .~thirty (30) days before the expirhttbn, make application in ~ritin§ £or a renewal, certi£yin§ under oath as to the character '~and value of all improvements existing on the land, facilities, properties, or interest therein, the purpose for which such renewal is desired, and such other information as the City may require. The Lessee shall deposit with such application, the sum equivalent to one hundred percent (100%) of the prevailing annual rental or fees in effect. Such application, when £ully conforming to the requirements herein stated, will extend the Lease on a month-to-month basis until such time as the City §ives notice to Lessee that: (a) .The request for renewal has been granted. (b) The request for renewal has been rejected, stating the reasons for such rejection. (c) The City has deter~ined it to be in the best public interest, or is required by Law or regulation, to offer the Lease at a public auction. (d) Thst equitable considerations require a revision of the Lease prior to granting a renewal. 9. Right of Entry: Should de£ault be made in the payment of any portion of the rent or £ees when due, or in any o£ the cov- :enants or conditions contained in the Lease, the City may re-enter '~and take possession of the premises, remove all persons therefrom, jand upon~rritten notice, terminate the Lease. 10. Rent Escalation: In the event this Lease is for a term in excess of five (5) years, the amount o£ rents or £ees specified herein shall, at the option o£ either party, be subject to ~enegotiation £or increase or decrease at intervals o£ five (5) years from the 1st day of July preceding the ei£ective date o£ this Lease. The amount o£ such rents or fees as rene§otiated shall reflect the then prevailing fair market value o£ the lease- hold. No increase or decrease in the amount o£ rents or fees shall be effective, except upon ninety.(90) days~ritten notice. In the event the parties are unable to agree upon the amount o£ such increase or decrease, such amount shall be determined by three (3) disinterested persons; one thereof to be appointed by the City Council; one to be appointed by Lessee, its successors or assi§ns; and the third to be chosen by the ~o (2) persons appointed as aforesaid. The written determination of such three (3) persons shall be final and conclusive. Neither party shall commence legal action without complying with this provision. 11. Buildin8 Placement Restrictions: No build'n§ or other permanent'structure shll be 'placed within ten (10) feet of the bpunda~y line of any lot held by a Lessee; provided, however, that where two (2) or more lots held by the Lessee are contin- ~uous, the restriction in this condition may be waived by~ritten LEASE -3- authorization of the City. 12. Notices: All written notices required by this Lease or permit sh~sent by registered or certified mail or delivered personally to the last address of record in the files of the City. 13. Offer to Lease Acceptance: The of Eer to lease is made subject to applicable laws and regulations of City, and may be withdrawnwithout notice at any time after thirty (30) days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the Lease to the City. 16. Underlying Title: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interests to the City, copies attached and made a part hereof by reference. 15. Right of Inspection: City shall have the right, at all reasonable timeS, to enter the premises, or any part thereof, for the purposes of inspection. 16. Insurance: Lessee covenants to save the City harmless from all ~ctionS, suits, liabilities or damages resulting from or arisin§ out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith.. In this connection, the Lessee agrees to arrange and pay for the following: (a) Public liability insurance protecting both the City and/or its agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance in force. The a~ount of such public liability insurance shall have limits not less than those knoum as $100,000/$300,000/$50,O00. (b) Lessee agrees to carry employer's liability 'insurance and Workmen's Compensation insurance, and to furnish a ~certificate thereof to the City. (c) Insurance contracts providing liability insurance and ~orkmen's Co~pensation shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) Lessee agrees that waiver of subrogation against ,the City shall be requested o£ Lessee's insuror, and shalI be IIPrOVided at no cost to the City. i 17. Collection of Unpaid Monies: Any or all rents, charges, [[fees or oiher' consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, aaa the City shall have such lien rights as are allowed by Law, and enforcement by distraint may be made by the City or its authorized agent. ' 18, Easement Grants Reserved: City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be made that will unreasonably LEASE -4- , f 'interfere with the Lessee's use of the land. i; 19. Lease Subordinate to Finan~in~. Requirements: Lessee 'agrees tha~ City may modify this Lease to meet revised require- merits for Federal or State grants, or to conform to the require- ments of any revenue bond covenant. However, the modification .ishall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. :: 20. Right to Remove Improvements: Improvements o~ned by a 'ILeesee on airport' lands Shall~ within sixty (60) days after the expiration, termination or cancellation of the lease, be removed, provided that, in the opinion of the City such removal will not cause injury or damage to the lands; and further, provided that the City may extend the time for removing such improvements in cases where hardship is proven to its satisfaction; provided further, that application for extension has been made in writing and received within said sixty (60) days period. The retiring Lessee may, with the consent of the city, sell his improvements to a succeeding tenant. 21. Improvements Left on Leasehold: If any improvements and/ or chattels having an appraised value in excess of~lO,O00 as determinated by the City, are not removed within the time allowed by General Covenant No. 22 of this Lease, such improvements and/or chattels may, upon due notice to the Lessee, be sold at public auction under the direction of the City. The proceeds of the sale shall enure to the Lessee who sums such improvements and/or ~chattels, after deducting and paying to the City all rents or fees due and o u ming, and expenses incurred in making suc~ sale. "I£ there are no other bidders at such auction, the City is ;.authorized to bid on such improvements and/or chattels an 'amount equal to the amount owed, or to become due to the City by the Lessee, or $1.00, whichever amount is greater. The City shall acquire all rights to such property, both legal and equitable, at such a sale. 22. Title of Improvements on Leasehold to City: If any improveme~ and/or chattels having an appraised Value of $10,000 or less, as determined by the City, are not removed within the time allowed by General Covenant No. 22 of this Lease, such improvements and/or chattels shall enure to, and absolute title shall vest in, the City. 23. Rules~ Re~ulations, Laws and Ordinances: Lessee shall obse.rve, obey and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, law~ully exercising authority over the Lessee or lessee'e conduct of its business. Lessee ~urther agrees it will not permit any unlawful ~ecupation, business, or trade to be conducted on the demised ~temises or any use be made thereof contrary to any laws, ordin- ances or regulations when such violations have been brought to ~essee's attention. 2~. Aircra£t Operations Protected: (a) There is hereby reserved to the City, its successors and assigns, £or the use and benefit of the public a right of flight ~or the passage o£ aircraft in the airspace above the surface of the premises herein conveyed, together with the right LEASE to cause in said airspace such noise as may be inherent in the .,operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace of landing at, taking off from, or operating on the Kenai Airport. (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection o£ any structure or object, nor permit the growth of any trees on the land con- veyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Re§ulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the o£fending structure or object, and to cut the o£fendin§ tree, all of which shall be ac the expense of the Lessee or its heirs, or successors, or assi§n- s. (c) The Lessee by accepting this conveyance expressly a§rees for itself, its representatives, successors, and assigns, that it will not make use of the said property in any manner which might inters/ere with the landing and caking off of air- craft from said Kenai Airport, or other~ise creating an airport hazard. In the event the aforesaid covenant is breached, the City reserves the ri§hr to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Lessee. 25. Right to EnJolment and Peaceable Possession: City hereby a§rees and covenants that th~'Lessee. Upon payin§ rent and performing other covenants, terms and conditions of this Lease, shall have the ri§hi to quietly and peacefully hold, use, occupy ' and enjoy the said leased premises. ! 26. lessee to Pay Taxes: Lessee shall pay ~lawful taxes and assessments which';' during the term hereo£, may ,,become a lient upon or which may be levied by the state, borough, i city or any other tax-levying body, upon any taxable possessory i'rl§htwhich Lessee may have in or to the premises or facilities i. hereby leased, or the improvements thereon, by reason o£ its use ,ior occupancy, provided however, that nothing herein contained .rshall prevent Lessee from contestin§ the legality, validity, or application o£ any such tax or assessment. 27. Special Services: Lessee agrees to pay Lessor a reasonable charge for any special services or facilities required llby Lessee tnw riting, which services or facilities are not ilprovided for herein. ' 28. No Partnership or Joint Venture Created: It is t!expressly understood that ihe city shall not be construed or held to be a partner or Joint venturer of Lessee, in the conduct ibusiness on the demised premises; and it i? expressly, understood fiend agreed that the relationship be~een the parties hereto ~s, iland shall at all times remain, that of landlord and tenant. 29. Default Bankruptcy~ et~.: . If the Le~s~? ~hall ?make any assignment for the benefit o£ Creditors, or snail ne ;:adJud§ed a bankrupt, or if a receiver is appointed for the Lessee lot Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within five (5~ d~ys, or ii a voluntary petition ts filed under Section 18(a) st the LEASE '6- EDWARD ~ ~N~~TI' BOWAf~D f., OAflNKI'I' Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee ten (10) days' notice, terminate this Lease. 30 Notice of Default and For0bearance Without a i.~aiver: A d~fa~It by the Lessee in the perfo~nance of any"of the ,.covena-'-~nce and condition on the prt of the Lessee to be performed, 'for a period of 30 days after this service is noted thereof, by the Lessor, provided, ho~ever, that no default on the part of the Lessee in the performance of the work required to be performed or act to be done or conditions to be modified shall be deemed to exist that such shall have been in good faith commenced promptly by the Lessee directed by the same and if then prosecuted to conpletion with diligence. The Acceptance of rent by the City for any period of periods after default by the Lessee of the terms covenants and conditions herein to be performed by the Lessee. shall not be deemed a waiver of any right on the part of the City to termination this agreement for the failure of the Lessee to erform, keep or observe any of the terms, covenants or conditions creel. 31. ~air 0peration~:. This Lease is subject to cancellation if the Lessee fails to furnish such service on a fair, equal and not unjustly discriminatory basis to all users thereof, or fails to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and non-discrim- inatory discounts, rebates, or other similar types of price reductions to volume purchasers. 32. Controls to Prevent Discrimination: City reserves the right to approve hll charges and privileges extended to or withheld from the public, in order to insure reasonable charges and prevent possible discrimination or segregation on the ,asia si race, color, creed or national origin, or for any other related reason. 33. Nondiscrimination: The Lessee, for himself, his 'heirs, personal representatives, successors in interest, and assigns, aa a part o£ the consideration hereof, does hereby 'covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a ';purpose involving the provisions o£ similar services or benefits, the Lessee shall maintain and overate such facilities and set- [vices tn compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transporta- trion Subtitle A, Office o£ the Secretary, Part 21, Nondiecrimin- iation in Federall-assisted Programs of the Department of Trans- Iportation, gffectuation o£ Title VI of the Civil Rights Act of '196&, and as said Regulations may be amended. That in the event , of breach of any of the above non-discrimination covenants, the ~;City shall have the right to terminate the Lease and to re-enter :~ and repossess said land and facilities thereon, and hold the same 'as if said Lease had never been made or issued. 34. Nondiscrimination: The Lessee, for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the lend that (1) no person on the grounds of race, color, or national ori§in shall be excluded £romparticipation in, denied the benefits o£, or be otherwise LEASE -7- subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or other~ise be subjected to discrimination; (3) that the Lessee shall use the ,~premises in compliance with all other requirements imposed by or '.~ursuant to Title 49, Code of Federal Regulations, Department of · ransportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted Programs of the Dep- artment of Transportalon, E££ectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above non- discrimination covenants, the City shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. 35. Partial Invalidity: If any term, provision, con- dition or part bf this Le~ee ii~d~clared by a Court of competent Jurisdiction to be invalid o£ unconstitutional, the remaining terms, provisions, conditions or parts shall continue in full force and effect as through such declaration was not made. 36. Parol Modifications: It is mutually understood and agreed that:this agreement, hS-written, covers all the agreements and stipulations between the parties, and no represent= argons, oral or written, have been made modifying, adding to, or changing the terms hereof. 37. Warranty: The City does not warrant that the ;:property which is the subject of this Lease is suited for the use [authorized herein, and no guaranty is given or implied that it ishall be profitable or suitable to employ the property to such !use. IH WlTNESS WHEREOF. the parties hereto have hereunto [!set their hands, the day and year stated in the individual acknowledgements below. CITY OF KENAX By: CXTY HAN~GER STATE OF ALASKA , THIRD. JUDICIAL DISTRICT THIS IS TO CERTIFY that on Chis __day of , 1977, before me, the undersiEned Notary--P-WSlic in and for Alaska, personally appeared known to me to be the CITY NANAGER of the CITY OF KENA! and th~ person named in the foregoing instrument, and acknowledged to me thac he executed the same £reely and voluntarily, for the uses and purposes therein contained. IN WITNESS HEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. EDWAR~ I,,, OARNEI~ LEASE -8- Notary Public State of Alaska My co~aission expires: K C~STES w- - I~VI~S H. ESTES STATE OF ALASKA · ~THIRD JUDICIAL DISTRICT ~IS IS TO CERTIFY cha~ on ~his ~ day off ~, 1977, before ~e, the undersisned Notary~u~ic in an~A~, personally appeared JACK C. ESTES and ~VIS H. ES~S kno~ to me ~o be ~he persons rimed in the foregoing ~ns~enc, and ackno~- ledsed ~o me thac ~hey executed ~he s~e freely and voluntarily, ~or ~he uses and pu~oses therein con~ained, IN ~I~ESS HE.OF, I have hereunto set my hand and seal the day A~as~a My c~ission expires:~ EDWARD I. OARNETT LEASE / ~w REVISION OF ESTES LEASE 4. Committment for Rent and Non-Assi~nment~ Lessee agrees to pay the annual rental and not to assign or sublet this base Lease or to sublease any portion of the land demised except for parking ~ncidental to sublease of any building of Lessee's, either by grant or flnplication without the written consent of the City, which consent shall be obtained pursuent to the following procedures SPECIAL USE PERMIT (Not to be used for a period o£ time in excess of one year) DATE The CITY OF KENA! for the considerations and pursnant to the condition~ and requirements set forth below hereby grants to: Company Name: Burton Carver and Co., Inc. Authorized Representative: Art Rasmussen Billing Address: Box 40, Soldotna, Alaska 99611 hereinafter sometimes referred to as the PERMITTEE(S) the right tO oark and service school buses on the Old Runwayf genai blunicipal Airport 1. Term: This' special use permit shall commence on the 1st ~ of Sep. tember , 19 77 , and shall extend to ~ the 3'OTW--d'ay Of May' , 19 78 2. Permit Fees: The Permittee(s), prior to the exercise of any priv-~iege granted pursuant to this permit, shall pay for the use or privilege specified h~rein a fee as indicated below: ...... (a) A total fee of $ in full payment.for'~.. the usc of privilege specif~'e~ herein. ..- -- (b) A total fee of $ .. payable in installments commencing on ihe ffrs'i' d~y-o~he tern hbreof in the amount of $ and additional su~gequent installments ~.the amount of $ ., payable ~._ ~. (c) A fee computed at the rate of $45.00 ~e~ .hou~ ~.~ .g~ader operation got maintenance and snow :emovaz o: the area ehail be payable monthly, within ffiteen (35) day~ item date of billing. _B~linqs sha.ll be for the preceding moptn ano ~ro~en oown xn~u one- ~,geter hour inc~ements. · ~. Right of ~ntry_: ~ntry and occupancy is authorized as of the ~st day of 8epte~er , 197~. 4. Place and Time of Payments: All payments shall be made on or before ~ho date due to the City ulerk, City Administration B,~ildin~ ~en, i, Al~sk,, or by mailin~ to the following address: City of Kenai, Box 580, Kenai, Alaska 99611. ~. Use: The use by tho Permittee(s) of the premises described above is l~ted to the purposes specified herein and i~ not i~tendod to ~rant a~y exclusive use to the described premises unless otherwise provided above. This use is 8]so subject to tho reasonable admiaJs- trative actions of the City of Kenai for the protection and maintenallce oi the promises and of adjacent and contifluous lands or facilities. Page One, SPECIAL USE PERMIT 6. lnsur;mce: Permittee(s} agrees to save tho City har~nlt.~.~ from all a~-ions, suits, liahilities or dm~ages resulting from or arising out of any acts of commission or omission hy the Fermittee(s) his agents, employees, customers, invitees, or arising fl'Olll or out of tile Permittee{s}' occupation, or use of the premises demised, or privileges granted, anti to pay all costs connected there%~ith. In this connection, the Permittce{s} agrees to arrange and pay for all the following: (a} Pqblic liability insurance protecting both the City and/or its agents and the Permittee{s}, such insnrance to be evidenced by a certificate of insurance showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $100.000Z$300.000/$50.000 , (b) Permittee(s) agrees to carry employer's liability insurance and ~orkmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) lnsnrance contracts providing liability insurance and Workmen~s Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d} Permittee(s) agrees that waiver of subrogation against the City shall be requested by Permittee(s)' insurer, and shall be provided at no cost to the City. 7. Forebearance: Failure to insist upon a strict compliance with the terms, conditions, and requirements heroin contained, or referred to, shall not constitute or he construed as a waiver or relinquishment of the right to exercise such terms, conditions or requ'ir~monts. 8. Regulations: The exercise of the use granted herein is at all times ~~ct to the regulations governing the genai Municipal Airport titled "Kenai Nunicipal Airport Regulations°., issued in 1976. By signing this permit, the Permittee(s) acknowledges that he has received a copy o£ said regulations and has familiarized himsel£ therewith and will comply with the requirements of said regulations. 9. Solicitations: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in or above airport lands without the written consent of the City, is prohibited. lO. Removal of Property: Any or all personal or real property placed or hsed upon lands or in facilities in violation of the preceding prohibitions may be removed-~nd/or impounded by the City o£ Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs o£ removal plus storage charges o£ $1.00 per day. CITY OF KENAI 6IVEN UNDER MY ilAND AND SEAL OF O~FICE, this day of . .. 19 . NOTARY I, UliI. lC FOR AI.~SKA' Ny Commission Expires Page Two. SPECIAL USE PERMIT P~RbIITTEE ×? GIVEN .UNDER MY IIAND AND SEAL OF OFFICE, this day of NOT-~I~t' PUBLIC FOR ALASKA bly Commission Expires ~-/~-~c~ Page Three~ SPECIAL USE PERMIT TIIIS AGRI:.~,.~I'.T OF 1.I:ASE, made and entered into tl,is d,~y of /../' . , ~, 1976, hy and botwlten THOI'AS R. S~flTi{ awl GAII, A, SqITH, husband 'and wife, of So].dotna, SALES AND SERVICE, hercinofter cai. led t~ie Lcd:see, ~.l I T N 1; S S E T H: do by those prose~ts ~rarlt. ,'ler~se, .u~d ]o.~:.. :~r.~ ]nv %'~::,, ~" · said Lessee, and tho said ].ossc,(~ doo~ heceb,' hi.r, :,nd t'd.,: :,1% and the ~,hole of thc, followin~ dascrll,ad busi:l,,s:; situate, lyin~, and bein;' in t. he KenaJ. Recordln:~ Judicial District, ~tate of Alaska, and more nart~cul~rl,~ described aa folloxes, to--wit: Lot Six (6), Block ]'ire (5), SM~LL A!RCiIAFT AFROiI, Kena~, i1~ the Kenai RecordinE District, ?hird Judicial District, State of Alaska; and the 60' x 100' metal building situated thereon. TOOETHE~ W]Til ALL MID MI::O~R, the tetleme~ts, heredit:amu~lt. and appurtenances to said space belonginZ or in an)wise apper- TO l~ A}:D TO llOLD the said 'premise:; as above described with appurtenances for a term of Five (5) years, beainninK oil the 1st day of · . .. , 1976 and ending day of ' ;-i~ .~,~.. ,~ , 1981, at and for the monthly rental ~40 TI[OUS~tD ~ID NO/10OTilS DOLM~S ($2,000.90) per month, payable in advance on or before the 1st day of each and ow. tv month of the said term hereof. Said monthly rents}, payment shall be paid to THO~S R. SHITH, P,O. Bo:( 828, Soldotna, Ala:;ka. PROVIDED, that the Les$ea shall have an option to rencw EDWARD L, GARf4£TT ~xp~ation of thc eu~rm:r ~w, ye~.' t,,rp =o.: h: 'o !,,~ reno.".: that it oleet~ in ey:ercise such option, J.'-, v:Zt.c't PV?:II: ['Il{' shall, be automatic,ally renewed, foe ~mi.d ~ ddi. tio'~al period, .;ut' Jeer to the atlJtu;tod rental as herein pro','i,lc,I. This ,mt i~'.:',, however, shM. l be void l.f the Lessee is not 5_n of the premises under this lease at' thc t[n:c o; q~.vtn,: said notice, or if the l,~ssee ts in def~ul.t, under m:y of the of the lease ~t amid tilqC, Or If the l,ess,:.o does not e::crc:iz., the opg~on ~n ~'itinf~ at ]onst Sixty (60) days before the expiration of the current five year perto,i s(:ught to be rerow,-l. TSts leaoe of business premi~a ts, ]2owevcr, m~bJect the following terms and conditions which the parties hereto do hereby agree to fully observe, keep and perform: 1. ~e purpose for which thio lea~e ts m.qde by the part:les hereto ~hall be for businea~ use only, and it la horpby asrccd b' the L~8ee that said space or preml~eo shmll be Imed for no other purpose except with the prior written conment of the Lessor. 2. That without the prior ~ttten consent of the their agents or aantgns, the term hereby demised shall not be -2- this le;~se for an n¢ldition:~l per~_od o'. :.ire ('~) )'.-'~rm, u,~e' the ~nmo :er:'~s :~nd condJti~-;:v: e:.:col',t lh~ ren1?] for the tjonal te~m shrill bo ne::~tiatod bf:rwoen Il',, l,es:mr ,qnd l,o;s..,.,. the tern of th~; Lea-se. ',o:~t, ee sh:~ll hq,,e :],o fir~;, rt.f.h~: ,," refusal to p=wch.qsv tho d{,v]{g,.,.{ nr,-r:t~.oq. Th,' ],o:..o, have Si>:ty (60) ~'.,~:'~ f:-or: r},o d,qto .[ n.14:'~ccIt:,~ by ~1~4, 1,. · of hi~ intent tc~ $;ct' ] t.]~e ~h.:.":~. ,~ '~l'(':.,~:',':; Jr. v."~il'lt 1:~ (,v, .. tho f~rst vi-,bt of 1',,['~- EDWAIID I~ OARN~'I'T w:[se, nor ::1~:111 tho 1,c,~.~eo ]:,t, :mi..Ich. ~,:' ]':t:'[l to b(, un. oth~'~s ~o~ h~re, ~he ~eased g~c,r~ises, or 'm': p/~rr thort, of, '.'~ out tho prior writlcn c,J:nst,~t· o~ 1'1:,, 3. As a :'~at~.rfnl p~lrt of the cc, nsidc.~fa, ~t,:~ f~,t' %:~,~(.~- leane is ~acJe, the l,ess6, o h~'eby covol%:snts :u',d n'%r,'.c.s 0t a'.~ to kee9 aBd ~qil'l:2~R ~']~,. lo;~sed pt'c~:es ip .: :.1.{.:,:.. ordo~ and prosen~:;~b].e :~'~,".r;tl';,ze ;l:%d co~i].:~n, i~,. ~,o:::;,- , of the saf. d fi. Tho. 1,e~:gef: co,.h,nantn ;,nd i~-'yct-:; t~';', t'. '.:'.~1 nor will it per~,~.t imf .::lffC~r al~y ]~or~:oH ~' · , :'~::,zt~;. t,~ oxerci~e, carry on or f,,llow in or upon thc l~ .-q-.d pr~.: ~:;,.,:;, 'u,' common public nuisance 'chatsoeve~', or nny h,, (u<,~:s. or undertllkin~ that Y:lzly l)a or may ho:'[.nftez' I.o d,.c.~aro( {o '.,.- contrary to the lava of t:he United Sri, l:es of Am.e]'i~-a, th,~ :-;'.r{t' of Alaska, or any other pub]ic au{'bority :.:{lnlsoeve:-, and {.]: the avert tho Lessee sh;,ll conduct or porn'it ant~l}"el' to conducl. illeBal business upon said premi, ses, this ]c;se sh,~ll b~ terminated forthwith and all right to leas~ laid premises bv the I,essee, and all sums of monef"paid ns advance rental, s be forfeited, and the Lessee aaroes ir:~ediatcly to vacst~ deliver u9 to the Lessors, their aEents or asstans, said premises upon demand to do so by the Lessors. The Less(,o fu{rthe~; covenants and :lSreos to carry public ]inbt].ity insurance ONE H~D~D ~0USA~iD AHD NO/100THS DOIJ~RS (~100,000.00) for injury or d~ath of any one person and THREE I'UND~D TIlOUSA~19 ~D N0/100TIIS DOLORS ($300,000.00) for injury and/or de~tth to any number of persons in any one accid(.nt, and FIFTY -3- da~wle;e ot destruet~cm n~d to ~avo the l,or,.,or:; ~ lrr~lo,.:~ o~' any lt'~b~ltty of any kind er nature in th:, cou .e o[ thc c.-', when such li~2iI'v uay arise fror,, b',;:ar:I~: (:,,a':.,d hv th,, .', ' 5. 'fhc ~,("' ~?'~, o7 ~:'~-i: ,'.,,q.:,; ,~:' ..;~[. ,~:. .'~'~I~ ~'' and pe~l~a to carry or, nnd conduct t:aid "-u:'f::c:~'. l.t: J. 5 :' stood and agree~i ::ha~ t}'c I.wssors sknll ,~. v th,. :'t,;,l ;~ro:,c~ .v taxes nnd asse~sn.ents ~lpCm tha leased pre~..Jc;t ;: rr,,v~.ded, however, that if there be pe;'sonnl oro:~erL', razes unon pFrsonal property belon: L~}7, to the Le$~t~e. ~'blcb ;~:~y b,~ the leased prenlses, the l,eanee hereby a~Tceq to pay all property taxes which ma7 be 7. The Lessors agret~ to keep the bulldJn,, upon said tnmtred against loss by fire or other cast.airy, lt. is that should ~atd building be de$~oyed or dan'aged by fire or other casualty so as to become untenantable for n ,ertod thirty days, o~ if structural damage develop, which would r~utrtet tn any way'th~ normal use of the premises by the Lessee, this lease may be cancelled by elther party, and Lessee ahall have returned to it all advance rentals which may have been paid on the date of cancell, ation. 8. The I,essea agrees to pay for all utilit~es, tncludiny: heat, light, telephone, water, garbage rew. ow~l and such services as may b~ furni~d~ed, from time to time, to the pfc. raises -4- Lo maintain in good condi! ~of and r(,'~.,i,' f.h,- b.'i],li.n,,~. [-,:-,:- herein demised, together w~th t'h,~ he:~tit~;l t.n,~i:),~(.nt .'~u.1 ~.';~' .,' ~ystem, sewer system and connectinF p]umbJn;:. R,.placc:'~e~d .,:' JamR'~ed plato F]ass shall i,e *:he res,.',cnnibi]'.['.' r~f Lhr. [,es~,, unless such plate glass shall have boon d,'~'n:l,,~ b~' Lbo w~.l~: ~ct of to ally an~~ al! fi::t.?res ;ul.l ~: .:; .... (.:.t.:l.s ' · &~ -'-~t.. .r ' which T1,q., h~erpnff crb(. b(J:::"l: ;~:~ n;,!d "~-. .... .. T,..::c .. . b- and rer'ain in ~;,~)d Lr. ss;.,, ~.;~,( ]: ~:h,il .. -~;: i? P or ;zt such other t~:'~,~s ['.: iL i-ny deem il '~ :. :.',~. ~ '.~ '.'. PROVIDED that such rc..:~ov::~ slit:Il 1,:..q~'.,~i""i.:,'d ...'~th.-~' to said space, pr,.:miscs m' '.hiLl. Oil,., ~md ~ . .c. ;it-,, ,I~..,.,:. occur the said Less(~o coven.qn::s and aRc(~,~; t.~ co..,,{2.:~;iJ213 f,'l'y t~e Lessors for az~y such da,.~a'-e and to pay rd.- such r~pair:{ ,:: may bm necessary to restore the said s?:lc~t, p,'m¥t~ms l~r i,uf] to their original condition, reasonable wear a:Jd tear exceFb'.'. 10. In case the Lessee shall violate or re'lit Lo any of the covenants or eonditioDs herein contained, or in the said premises shall become vacant: or sh3!l 6e abandoned deserted ~y the Lessee, ~he Lessors, their ag.~nts, regre:m~itnt, iw. and/or assi~s or any person by their order, without prior notice may re-enter the same, e~ther by force or otherwise, without: ~eing ~iable to any prosecution therefor, and may either to terminate this lease or term' or may fei. et the said promise.; at any time as the agent of the Lessee, or otll,~¢ise, for whatever rent i~ will obtain, applying the avails nf su,'b letting first to the pa~ent of such expense as thc Les~ors may be put to in ro-emtering and re-letting, and then to the payment -5- ! i~DWARD L of :he rent due herou:;d,.r ;md tho. £u',lJ. II.:~.r,t_ ,£ the covenants and pay~n? ov,?r to th~ Les:;,e i-h~ }:~lauc~, J~ a'~' aud in case of a deficiency, the l,es~:ee ~']all rc~.,:~fn therefor; however, 'aport tile payll~llt r)l' lbo r, :l! ::bov~ and tho 9erfot~'mnce of tho covclla:lt/; Lo br. k,. ',t and hy the said Leslie. l,os~{.e s::~,]l, peaceably :~:-d e,:i. ovl:, and enjoy tho ]ea~ed pr~.~ise~ d'~r~n- ~}:'. f,:i~ :',-,',' specified; :md th~. l,es/;r~, covo~n'_:: anl .~ r..-. : i ..il i[: m-:piration o~ t}:~': l,..-~s~.. ,'.like,' 5- la:., .... f 'i,'.. ,:' b,' ".~' peaceably to G~,* tmdt~z a Lease dated thc. day of J. 9?", bet~eoen BIT,T, NcI~'IT,I,T.V'I; 'n~,i ?OiiM,D 3. 'i'/.U-.:"'." ,'/}./., ll~rl':; ..... of .. ,].97~, l,t, saors hereby aeco,~t .:nd :!lmlrov,~ above described least.. 12. ~his Aareenent ~:uperaodes all o,' ;m~, other pr/or agreement and undorstflndintis between the parties and ~.ty n,-t be changed or Co~tnated orally; and no chnn:~e, ccr,~inattm' attempted waiver of any of Oho provt.~to~ he~'eo~ shall be binding unless tn writing; and st.~ped by the parLfe~ whom ~he same shall, be ~ouahC. ~3. ~is Lease shall, be construed according to th~ o~ the grate of Alaska and words of any E~mder used in leaae shall be held ~o include any other ~mnder; and words the singular n~ber shall be held to include U~e ?lu~a]., the ~ense requires. 1~. Any no,tee or demand which under oho ten'v~ of this or any statute a~y or munc be given or made by oho par~e~ hereto mus~ be tn writing and may be given or made by -6- tee same by ra;,.:i~;l.~.?od ~,~' ¢(*r' re~,pective part ~t s, 'm toIIe~:s: GAIL A. SMITIt P.O. Box So].dotna, RO:.;M,D J. ~VA:IFOII I.ESSZE d/b/a RO;I' ~ P.O, Drm. m~ 2522 I.:ithcr p,.~rt:.' ri:U/, ~m:,..v,.r, .t,,:.~"w~:,, hermmder by :.:a~l ~:b:,[L by .h.. of either rec~?" bv thc' drzs~..,1.~,- from date of de?~,: in the ador~,:{.,;ed fo thr.. ,~'rapper ad,lro:mc, t' ,~ herein be fete ]5. ~t ~ further m'ldorstood ~'~d ;lAr(,~.~ :~.'tL ['Lm,~ {.S ~.c the essence of th~s lea::- ;md t:hat in ;.ho ,.'.,,.,L ].~,~:sm, M~:t':. fat]. or refuse t'o make tim pn;,:nent~ as berate.dray,, provide, . .~' shall fat~ to koeo and perform any of ~he other terms and conditions of thi~; ?.ease accordin;, to khe tenor thereof, [:l it shall be optional with Lessors to declare ,i forfeiture of this lease, and I,esnee s'.:al.1 thereby f:.;,fcit Lo tho l,esaor::, as l~.quidated damaZea, all payments theret:ofora made, and tho Lessors ~hall be relieved of any obligations 2tiber at law or in equity to lease ~at(1 16. Each and every clause and provision 'lereJ. ll COtlt;lill:.[ shall bind and inure to the benefit of the halts, e~cutors, administrators, successors al~d assigns of the respective part'io:: here to, IN WI~HSS '$qIER~OF, 'the parties hereto have hereunto ~heir hands and seals the day and year first hereinabove writ:Lea. -7- ~DWARI~ I,. OARN£?T RE?7/o-ALI. ' .... ~' .~,:I ..... At'Il') 5EPd.'! C::-: . .qTAT~: O? ALASftA · q'L%TE 91: ,iL ..... TH Ir '~,D 1 ...... TIlIS IS TO CEPTI."."f I:hnL o:l th.".', day ~,f' be'fore r,e, Ll'm undersJ:.n~,d Mol:ar;} ]q~flie' in c;fd"fbW-klk('5:[.:~,, ' of Ala,~ca, personall,, a~'~2nrod T~:OI~3.:~ R. s,:rt.: and {:Ali. A. SMITll kno%m Lo tm~ tn'bo'}he-ersons nnmed In tho Jnstru:r~ent, and acknowle,Iged' I.o mo that l:hev executed the s;.,.,... freely nnd voluntarily, for the.uue~ nnd pul'penes therofn IN UITt:ESS IlI.;P~OF, I haw~ herounto 8et my hand an0 day and yenr fir~l: here~nabove writt,:a, My co;,antssion oxptre.q: -8- CITY OF KENAI RESOLUTION ??-147 BE IT RESOLVED BY THE COUI!ICIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE CAPITAL PROJECT FUND ENTITLED KENAI WATER PROJECT 07-01-01684 A8 ESTABLISHED BY ORDINANCE NO. 322-?6. FROM: ' Kenai Water Project No, 07-01-01684 Contingency ($3,800) TO: Kenai Water Project No. 07-01-01684 Constmletion $3,800 The purpose of this resolution is to tFansfer funds within the Kenai Water ProJeot for Interstate Change Order No. II-IN. PASSED BY THE COUNCIl, OF THE CITY OF KENAI, ALASKA, this 19th day of October, 1977 ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, CitY Clerk "" ....... 07-01-01684 CONTRACT CIIANGE Oltl)£R i.,,'1;',;~;., KI':NAI, AI,A~KA BOX 4-1438 A ~CIIO~GE ~ A~KA 99509 }'~.~-~,a.~ ~o. ' .... (907) 276-2212 Il-IN I ~swedge the packer between the sateens and casing - lead packer specified. $2 ~ 200. OO 2 ~elevlsion inspection of ghe ~ell casing follo~ing the re~mdging the packer inspection only. ~1 ~600.00 Note~ Item deemed necessary by the enginee:. ~anae In ~ont~a~l p~ice due lo ~hls ~an~e O~de~: Total decrease " Tolal increase XXXXXXXXXX~X 1.. -O- Difference between ~1. (~)and (4) { ..... { 3f 800. O0 Nec (;ncfease) (~ lel.l adju&ted cont~ac{ pdce to date thereby i~ I T32. ~S8~. Pto~eet eomp~ee~on to be November 30, ~977 ~e time pm~ided f.r to~,pleti0n in ~e c.mtacl is (~) (Increased) (~) ~ ~ calendar days. ~i~ dormant ~hall ~come an amendment to the contract a~ all pmvislons of the c~,act ~ill apply he~eto. Recommended by .... Al~llte~t/~gln~el " Accepled by ..... Appjoved ~ ..... ~ae~ ' ' ~ . ba~e ...... SUSTIFICA]'IOt{ IOR CIIAI,IGE I. Necessity (hr chant:e: Internal television inupeetton of Nell ~1 indicated that tho pneker between the screens and the well casino was not properly swodged. This change order is to properly swedqe the existing packer and roinspect the well internals if necessary. 2. I~ proposed chan~e an ahemate bid? 1::.] Ye~ [] No ~1. ~'il{ proposed chaqge alter the phl,'sieal size of ~he project? ~ Yes ~ No II "~e.,' eapla/n, 4. Effect o! this ehanne on other prime conttactors: None Has consent of mutely been obtnlned? ,. r-'l Yen ~ Not neeennMy Viii thin chore affect expiration et entent of innurance eoverage~ [] Yes ~ No Il "Yea," will the pollclen be entended? ~ Yea ~ No ~{fecl on o~atlon and maintenan~e comt~: · he ten.edging ptee~ab~y ~1~ ~e~dy ~e aan~ ~nE~t~a~Lon no~ contaminating the Kona~ C~ty ~atet system. i0 INTERSTATE COMPANY, INC. General Culdraclors P.O. Box 4 1438 A.chola§e, Alnska 99509 Phone 276-2212 CITY OF KF. NAI P.O. Box 580 Kenai~ Alaska 99611 10-3-77 G_ _a_r t_h _Pehr_s_on ..... .[_~p. ro~emenl;S !:o _Kenei t/al;er Supply .... D,!e_L.r~_b_ul: ~/o_n SYstem GENTLEMEN: WE ARE SENDING YOU ~; Attached (.; Under separate cover via .... [] Shop drawings [-J Prints El Plans i'-~ Samples I'1 Copy of letter ~*J Change order [*; .the following items: · Ei Specifications COPirs o^te .o. oL'sc.,;'r,o. ............. THESE ARE TRANSMITTED as checked below: Bi For approval 1:3 For your use I-I As requested c1 For review and comment I-1 FOR BIDS DUE E1 Approved as submitted El Approved as noted c1 Returned for corrections 19~ ~ Resubmit.., copies for approval [] Submit copies for distribution [] Return corrected prints PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO l. 11/4/] Revi~e ~n~ ay,tom 13,461 D0 13,461 ~O 2. 1/13/; ChanKc Lean-to -0. -0- 4, ~/i5/~ Spray lnimiation ~,600 DO -0- 5, 3/30/; PRint Tank 6,725 B0 1. v. 1) ~/21-5 Ravine Atom Sy~tt.m 3,782 DO 3.782 60 6. ~/2/7~ Pevelopment on ~eil (3a bra) 8,975 BO 7.279 00 7. 3/16/~ Sand LockinR 2,000 O0 2,000 OD 8a. Change Pump aizo 7,222 O0 7,222 00 8b. Tank drain a,093 00 6,093 00 TOTAL$ 50~858 ~0 37,837 30 ~. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (.1 ~iRin.,{ conuact amount ~co;. ~ ·honl el fhla ~ofmJ 675,000~__.00 (h) Plus: Addi,i ...... hrduh'd in column 4 nb ...... 'l~U '~ ~ (dj Adluqltd cunlfacl amount [o dale- 725,858.00 4, ANALYSIS OF WORK PERFORMED (e) Kal amount eat~d on contents wmk lo date . 607t (I) Add: Mafedal~ ~[med .; close el [hit ~rld (A.och detailed echedufff) ......~ --0-- 607 (;) Subt~al of (c) and (O ', ' lb) Lf*~: Amount o{~evi~, paymenla ~98,O~5.00~ 9,308.00 (i) ~ALANCE DUE Tiffs PAYMENT 5. CERTIFICATION OF CONTRACTOR Ifue and tallest slnlemefll el the c~lllet ICCOUnl up lo and includinG the leal day el Iht ~fi~ e~e~ed br this Perl~ic Estimate; e. ~ C~plled whh all the bbof pfovislone of *eld eon.act. b. ~Complied whh oil the libra pavisloM of ,aid contract encep in those ia.lance, where an hence, dJaple elint, whb to- _October 3j , 19~7 Tt?~p ~t ,C. wattqroon,..p~SJ~et ~hjRer 6. CERTIFICATION DP ARCHITECT OR ENGINEER I feftJlF that I hive cMcked and *eeified ;he above and f~eA(,ifl~ PetiOle Eolimste fm Partial PsFmem; thai lo the ~st of LaowledAe and bhel il is · true end f~recl Slalemem el w~k ~fl~med sad/of mo[criol serplied by the c~tfeel~; that lark I~/or mot.lei included i~ thru Peri. it Estimate has ~t~ iflo~cled hy me and/el by my duty authoriaed ~eplesema;Jve IllJlllOll and ihal it boq k. en~dmmed e~/m supplied in lull accotdlace with fequlremcflta d the (elcfeKe cofllflcl and Ibl piflialpaya,enl claimed and fequcMed by Iht cefluaetor ia ce.ocli), coasted on Iht bani. of etak ~dmmed afld/m mate. del aupplied*o date. SiG~d 7. PRE-PAYMENT CERTIFICATION BY FIELD ENGINEER ~1 reliant' Ih~l all wo:k afld/m ealttlal~ undo, I]~r c~ltacl ha~ ~en in;~.cted b~ me and Ihil il ha. beet ~dma,ed end/o, au~ plied iff lull aeemdame wi[h the ~eqm~e~n? el IIm em.aa;. A~oved (R, PERIODIC ESTIMAIE ~DR PARTIAL PAYME~4T I':I)A I/Ol-Oi-OISR6 A Contrnet A of City of Kenat hnprevemeltts to ~/ateF .%pp]y and DJntribut~on System - 1976 INT~I'AT~ CO~, INC., P.O. ~ox 6-1638, Anchorage, Alaska 99509 n,oo,c ES,,US,E .o._ _.12_ ...... o. Demon __S~p ~tembe_r_ 9__ ,, 7.~, ,n .5e_p_~em_be.r .3.0_ ,~77.~_.. COST OF WORK COMPLETED 10 DATE UNDER ORIGINAL CONTRACT ONLY Enlrles musl be limited lo wink and costs under tile otiginnl contraCl o, ly, (~'ork and coal dais undu~ ch.m~e orders i. Ia br ~hown in P.~t 2 o~ Ihi~ form,) Celumns (I) thwu~h (5), Fme~ dn;~ ~hown in column. I, 2. 3, ~ and 9, ;espec;Jvely, Columns (6) nnd (7). Show all wink completed to da~eunde~ mJ~in=l comtac;. C~lumn (8). F:,trr Iht dillcrcnce between entries Jn column~ (5) ~nd (7). Column (9)..Show p~rcent ratio o[ column (7) lo column (~). CONTRACT COUPLET I~D TO DATE UNCOMPL r 1ED Clearing Excavation 11,000 Backfill 20,000 Gravel 25,000 Culverts 20,000 Concrete 3,000 Posting Insulation 35,000 Clean and Paint Tank 3,000 Tank reJocate 10,O00 gel1 house relocate 25,000 Remove & install l'xl6' 45,000 Exp. Pl. 5,000 Insulate tank ceiling 7,000 Purnish 6 install leanto 12,O00 2n 8pray insulation Paint 7,000 8,O00 Guard Pasta 3,000 Modify W~!1 ~. ~1 a, Ditch lining -O- b. Coast, weir box 6,500 c. ~f inspection -O- d. 68-hr. Air develop -G- e. 2&-hr. Test pump -O- f. 24-hr. Test run -0- 8. Coating tank -O- h. Paint tank -O- l, Disinfect pipe & tank -O- New.____.~ll No.~2 a. Rem. pipe old wells · 1 and 2 b, Drill & ease lO0t w/16' 5,000 pips 30,000 e. Grout 16n pipe 6,000 d. 12" pipe to 100t e. 12" pips 100' to 150* 20,000 10,000 f. Install screen 6,000 8' 72-hr. develop 15,000 · h. 68-hr, teat run ~C~aniea~l 12,000 a, Dismantle tank 25,000 b. Chlorination system 14,000 c. Pump system d. Heat/n8 L27,000 e. Drainage 30,000 Electrical 10,000 a, Fixtures & lamps 3,000 b, conduit & ~lre 7,000 TOTAL OF COST COLUMNS ,,.~. ,., ,.;,,-,,,,,~ ......... -,,,; ,-.,,~;;, T~,,,~ ..................... / EI)A ~07-01-01684 A PERIODIC ESTIMATE FOR PARTIAL PAYMENT / ~"~ ~ '.o. ' ................. J _Cpncrnct A of City of Kennl Improvements to Itat~r. fi~tpp]y~ .Uiqtribu~lon_fiy~t~m.- 1976 I~TE~I'ATE C~, I~C. ~ P.O. ~ox ~-1~38~ Anchora~e~ Ala~ 99509 ~momcts~m~v~ .o 12 ~ n r m o September 9 ~ September 30~. 77 Columns (I)Ihs~Eh (~). Fnte~ data s~wfl Jfl columnh i, 2. J, P and 9, respectively, on Form E~I Il plepafed by Columns (6) and (7). Show all work completed to dat~ under otiBinal contract. Column (8). ~me: the dHlefence ~lween entries in columns (5) nnd (?). ~lumn (~). ~ow p.~ent ratio o~ column (7) to column (~). 20.~Xe~trie~l~Cont 'd) e. Boxes & fittings I bS 4.000.00 100 4,000 -~ 100 d. Devices & plates ~ b$ 2,000.00 ~00 2,000 e. Panel & trans. 1 LS .0,000.00 X00 ~0,000 -0- f. AXarm eyetom ~ LS .2~000.00 100 12,000 -0- 8. Switehcoar & controls L LS .5,000.00 100 L5,000 -0- ~00 :h. DemolXtion I LS ~,500.00 L00 1,500 -0- ~00 2~.SlBns I LS 3.000.00 100 3,000 -0- 22. ~ ~erfXov I ~ 2,000.00 ~00 2,000 -0- 100 23. ~Roo~ seuttlo X I.S 2,000.00 ~00 2,000 -~ ~00 2~. ~ HobtlJ zation a. Bond & BXdrs. risk ~ L~ LO~000.O0 100 ~0.000 -~ 100 b. Oen'L contr. ] bS 5,000.00 100 5,000 -0- c. Wel~ Ho. 2 Z LS 5,000.00 100 5,000 -~ X00 vov~k O~ COST COlUMnS 17S,0n0.O0 38.000.00 WINCE · CORTHELL & ASSOCIATES CONSULTING ENGINEERS PO 8at 1041 283'4672 KENAI, ALASKA 99611 John E. Wise City Nanager, City of Kenai Box 580 Kenai, Alaska 99611 Our Job 77-h3 Oct. 10, 1977 Subject: Billing fox' Engineering Services 1977 Water, Staler, Street Projects Dear Mr. Wise: Please consider this invoice in the amount of $3,574.11r as compensation for Engineering perforned on the subject proJcct~: +brough September 30, 1977 and in conformance with our Engineering Services Contract, Section C. A-3 Redoubt Way (Work performed after 8/10/77) Engr. I 44.0 hfs @$3~.00 Engr. II 1.75 hfs @$~3.50 Survey (Cost plus 10~) Auger (Cost plus 10~) Billable Work Amount Due (90~ of Billable Work) ,1/96. co $51.63 $321.75 $68.75 ~$1,7~ 1,. 32_ D-1 Airport Loop Road (Work performed after 8/10/77) Engr. I 24.5 hrs @ Engr. II 17.75 hfs ~ $29.50 Surve~ (cost plus 10~) A~ger (cost plus 10~) Billable Work Amount Due (90% of Billable Work) $833.00 $523.63 $6o7.75 $2,03B. 13 }~, 029.8e SUMMARY OF AMOUNT DUE A-3 ~1,744. Se Total amount due,this invoice ~ I certify that the above charges are correct amd that payment therefore has not been received Very truly yours, Wince-Corthell & Associates P~tl-ip Wj ~,~Son, P.E. %) Philip W. Bryton, P.J. Alan N. Corthel, R E. Frank W. Wince, P. E. WINCE* CORTHELL & ASSOCIATES CONSULTING ENGINEERS PO Bos 1041 283.4673* KE HAl, ALASKA 99611 Our J~b //.~ 77-33 /o '~' 0et. 9, . John E. Wise City Manager, City of Kenai Box 980 Xenai, Alaska 99611 Subject: Billing for Engineering Services 1977 Water, Sewer, Street Projects Dear Mr. Wise: , Please consider this invoice in the amount of $16~75q.!5 as compensation for Engineering performed on the subject projects throu&~ September 30, ]./77 and in comformance with ou~ Engineering Services Contract, Section C. A-1 Lilac Street (Work performed on or before 5/10/77) Engr. I 20.5 hrs ~ $32.00 Engr. II 6.3 hfs ~ $2~.50 Draftsman 9. ~ hfs ~ $13.00 Auger (Cost plus 10~) Billable Work Amount Due 90~ of Billable $6R7. O0 $~85.85 $123.50 $16% oo ~1, O 51~. 22 A-1 Lilac Street (Work performed after 8/10/77) Engr. I 10. 5 hrs @ 93~. O0 $357. oo Engr II 5.7 hfs @ 929.50 $168.15 Draftsman 6.0 hfs @ 913. O0 Billable Work ~603. ~o~t ~e 90% of Billable A-2 Walker Lane.(Work performed on or before 8/10/77) Engr I 22.0 hrs Engr I! 7.3 hfs @ $29.50 Draftsman 7.0 hfs @ 913.00 Auger (Cost plus 10~) Billable Work Amount Due 90~ of Billable 1 Alan N. ¢orthell, R E. Philip W. 8s'yton, I~. E. I%aflk W. Wince, John E. Wise Page 2 ;O/9/77 Walker L~ne (Work perfomred after 8/10/77) ~ngr ! lO.~ hr~ ~ $3~.00 Engr II 18.8 hrs (~ $R9.90 Draftsman RO.O hrs ~ $13.00 Su~ey (Cost plus 10~) Blll~bl e Work ~oun% ~e (90 ~ of Billable) $357. oo $551~. 60 $e6o. oo $715. oo Lupine Drive (Work performed on or before 8/]O/?'f) Engr II 6.8 hrs ~3~.50 ~aftsmt~n 8.0 hfs ~ $13. O0 Auger (Cost plus 10~,) Bi].].able Work ~ount ~e (90~ of Billable) $~76. oo ,t2oo. 60 $10l~, O0 $165. oo .~9~i5.~5 .'.;8,s~. o?, Lupine Drive (Work Performed after 8/IO/77) Engr I 11.0 hfs ~ $3h.00 Engr II 25.1 hfs ~ $29.50 Draftsman ~5. O hrs ~ $13.00 Survey (Cost plus 10~) BtllableWork Amount D~e (90~ of Billable) $37~,.oo 0589. oo =}1~001. O0 ~2,7OO.~5 A-9 ~th Street (Work performed after 8/10/77) Engr ! 13.9 hfs @ $3~.O0 Engr II 7.8 hrs ~ $R9.90 Draftsman ~.0 hfs ~ $13.00 Auger (Cost plus lO~) Billable Work Amount D~e (90~ of Billable) $~9.00 $230. io 992.00 $165. oo ....... $966.1o John A-5 h%h Street (Work Performed after 8/lO/~'f) ~ngr. I 8.5 hrm ~ $3~.OO gnat. I! ee.o hr~ ~ Draftsman 30.5 hrm ~ ~13. OO Survey (Co~ ~lu~ 10~) Billable Work Amount Due (90~ of BlllableWork $2~9. oo 6~9. oo ~96. 5o $2~858.°o [O~. ~o A-6 ~aknu Way (Work perrom'ed on or before 8/30/77) Engr. I '16. O hfs ,~ $3~.OO Engr II 6. 3 hfs ~ $2.). 50 Draftsman 1.5 hrn ~,~ $13.00 Auger (Coat plua 10~) Billable Work ~ount ~e (90~ of Billable Work A-6 gaknu Way (Work performed after 8/10/77) $554. oo $~9. ~O Engr. ! 8. 9 hrs ~ $35.00 Engr. II 2~.O hfs @ $29.50 Draftsman 31.O hrs ~ $13. O0 Survey (Cost plus 10~) Billable Work Amount l~,e (90~ of Billable Work Ssa~. oo $737. ~o ~o3. oo General Aviation Apron Waterline (Work performed on or before 8/10/77 and unbtlled) Engr 8. o ~rs ~ $3s. oo ~,s. oo Additional Billable Work $272, OO Previous Billable Work $2;~6. 90 Billable Work .~2,182.80 ~o~t ~e (~% of Billable Work) $2,728."~O ~ious Pa~ents $2,210.89 ~lance ~e ~ John E. Wise Page 4 10/9/77 B-2 ~eneral Aviation Apron Waterline (Work performed after 8/10/77) B-3 Engr. z /1.5 hfs '~ $34.00 $2,o91.oo Draftsman 7.0 hfs (9 $13,00 $91.00 Additional Billable Work ~ious Bill~%le Work .00 ~oun% ~e (~ of Billable Work) ~ious Pa~engs .00 Balance ~e -- Willow Street Water I,!ne (Work performed on or before 8/10/77 and unbilled Engr. I 9.0 hrs ~ $3~.O0 Previous Billable Work Billable Work Amount Duc (80~ of Billable Work) Previous Payments Balance Due .~ 306.00 .ta, 768. (o 4;1,659.20 B-3 Willow Street Water Line (Work performed after 8/10/77) Engr I ~7.5 hfs ,3 $34.00 $1,615.00 Draftsman 5. 5 hrs ,C. $13. O0 $71. Additional Billable Work Previous Billable Work .00 Billable Work ~.~ Amount Due (80~ of Billable Work) Previous Pa2mont s Balance DUe C-2 $1,349.20 .00 ' NcCollum Drive Sewer Line (Work Performed on or before 8/10/77 and unbtlled) Engr. 3.0 hfs ~ $3h. O0 Previous Billable Work Billable Work Amount Due (80% of Billable vor~) Previous Payments Balance Due $l,;{lV.75 $l,ell. 8O $1, ST1. -,J59.68 3ohn E. Wise Pa~e 5 10/9/77 C-2 NcCollum Drive Sewer Line (Work performed after 8/10/'['[ Engr. I 15.5 hfs 9 Draftsman 1..5 hfs ~ $13.00 Additional Billable Work Previous Bill~bJ.eWork Amount Due ( 805 of Billable work) l~evious PrJ~0ents Balance Due $.527. O0 $].?..50 .00 $5~6..50 .o0 SU~ff;.Ai{Y OF A[.~,OL~.;T DUE Total Amount h~e,This Invoice ! certify that the abo~e charges are correct and that payment therefore has not been received, Very truly yours, Ulnee-Corthell ~ Associates CITY OF KENAI RESOLUTION NO. ??-148 A ItSSOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING CONTRACT FOR JANITORIAL SERVICES IN THE KENAI COMMUNITY LIBRARY TO SERVICEMASTER OF KENAI. WHEREAS, the City of Kenai solicited bids fer Janitorial services for the Kenat Community Library, and WEBRgAS, the requested services were thought to be in line with the amount budgeted ,and WHBRSAS, the lowest bid exceeded budgeted figures by a significant amount, and WHERFA8, it was deemed in the best interests of the City to negotiate with the lowest bidder to obt~_~A an acceptable level of service and at an aeeeptable east, and WHEREAS, ServiceMaster of Kenal has agreed to provide all services requested except that snow removal shall not exeeed an average of eight (8) tiuea per month. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KBNAI, that a contract for Janitorial servele6 in the Kenai Community Library is hereby awarded to ServieeMaster of Kenai at $300/month. PASSED BY THE COUNCIL OF THE CITY OF IG~NAI this 19th day of October, 1977, ATTEST** Su~ C, P~ter, City Clerk · VINCENT O'REILLY, MAYOR Kenai Chamber of Commerce P. O. Box 497 Kenai, Alaska 99611 · ~_~ (907) 283-7989 October 18, 1977 ~P. John Wise, City ~anage~ Ci~ o~ Kenat ~ox 5dO Kenai, Alaska 99611 Rel Ch~istmas Card Lane Dea~ John~ The Chambe~ is planning the second annual Chvi~tmas Card Lane in the main business district. As you will recall, last ~eav these paintings were attached to the wall at Fo~t Kena~. The public Peall~ enjoyed this com~unit~ p~oJect which display- ed the talents of our HiF~h School a~t students. Thie yeav we would like to pa~k six to ten fo~t~ foot flat bed t~aile~s on the ~een stip in f~ont of the Benco Building. The ~* x 5' pl~,~ood paintings will be attached to the t~aile~s. Thie location will enable mo~e people to view and enJo~ the paintings. The display dates would be fro~ Dec. 15, 1977 through Russian Ch~tstmas-Janua~ 15, 197O. KCHS art classes will be supplying the paintinss this yea~. The Chambe~ he~eb~ requests the approval of ~our office and the council. Jim Payne, P~esident KEI~I CITY DEI/ELOI'[.iENT~ iNC. P. O. BOX ~9~ l(onai, Alasl~ 99611 ~EC, AL NOTICE All shareholders of KENAI CIT~ DEVELOP~Tr, INC. NOTICE IS HEREBY OldEN that an Annual ~oting (the twelfth) will be held at the XEMAI PUBLIC SAFETY BUILDING, Kenai, Alaska, on tho /~ day of November, 1977, at the hour of ?{00 P. M. for the purpose of: 1. Election of Directors 2. P~ports of activities and progress of projects 3.' For such other business as may properly come before the Assembly. KE~AI CITY DETEOP~, INC. SHAREHOLDER' PRDXY ~ .......... , ol~ner of shares of Capital stock of the ~enai City Deveopment, Inc., do hereby constitute and appoint, as m~ prow to attend the Annual Meeting of Shareholders to be held on l~ovemher , 1977, and ar~ continuation or adjournment of said meeting, with full power to vote and act for me the same extent that ! might, were I personally present, giving to ~ said Prox~holder full power of substitution and revocation. Dated at , the__ day of , 1977. Witness Kenai City Development, Inc. P. O. Box 3293 ~enai, Alaska 99611 Signature POLAR AIRWAYG. Il*lC. P.O. BOX 6784 ANCHORAGE, ALASKA 99502 PHONE: 243-1426 October 12, 1977 ~ayor Vincent O'Riley and Council City of Kenai P.O. Box 580 Kenat, Alaska 99611 Dear ~tayor O'Riley; Your hospitality, at the City Council meeting on October 5, 1977 was host a~precJated. As T state~ at that meeting, Polar Airl/nes would ft~n~sh to the cityof Kenai a brochure or booklet stating what we are and what we do. For your approval, please find that booklet enclosed. We here at Polar are hoping that the Alaska Transportation Con~- iss/on will bring a favorable dec/sion for us, and that we will be able to provide passenger and freight service to and from your fine city of Kenai. Once again, thank you for your warm welcome at the Kena/ City Council Meet/ng. 4' /./." / ' General Manager Enclosure October 11, 1977 TO: HONQRABLE M~~D CITY COUNCIL SUBJECT: Paving Bid Awarded at Council Meeting of October 5, 1977 During adoption of the resolution on the bids for resurfacing parts of Willow Street, Cook Street and Mission Street, with possible resurfacing of California Street and Wilawood Boulevard, I was asked by one member of Council what the total project cost would be. I made a statement of approximately $3,000, which was in error. I did not realize this until the following morning when I saw the requisition for the work and the total was $4,230. Realizing this, I asked the City Clerk to place calls for me to all Council members to alert them of the change and ask for their comments relative to objection or non-objection. The entire Council was polled. There was one objection from Councilman Ambarian. All other Council members agreed to continue with the project. JW/eh