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HomeMy WebLinkAbout1986-07-02 Council PacketI COUNCIL PACKETS JULY Kenai City Council Meeting Packet July 2, 1986 u 1 i t 7 -^- �-�' A�,,.r,�::1b' � l.a��r�--�-a•� Sri, Qt,� . V AGENDA KENAI CITY COUNCIL REGULAR MEETING DULY 29 1986 - 710D PM PLEDGE OF ALLEGIANCE A. ROLL CALL gel 1. Certification of Special Election, June ,,Wg 1986 2. Agenda Approval 3, Consent Agenda (*) All items listed with an asteriek (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in Ito normal sequence on the agenda as part of the General Orders. 8. PERSONS PRESERT SCHEDULED TO BE HEARD (10 Minutes) 1.0 V A L) �N% % ct v- S .-. _ M u v ; a1 � V 'A C. PUBLIC HEARINGS I. Ordinance 1145-66 - Amending Kenai Municipal Code - `` Provide for New Position - Assistant City Attorney 7. Ordinance 1146-86 - Amending Kenai Municipal Coda - Penalties & Remedies Ordinance 1148-86 - Increasing Rev/Appne - Float Plane Boeing Land Acquisition - $1600000 a' --4. Ordinance 1149-86 - Amending Kenai Municipal Code - Landscape Regulations Go Substitute Ordinance 1149=86 Ordinance 1150-66 - Increasing Rev/Appne - Float Plane Booing Design - $110#000 6. Resolution 86-63 - Accepting Stets Grant, Road Improvements - $IpIOO,000 7. Resolution 86-64 - Tronofer- 86-87 General Fund Budget Additional Funds for Assistant City Attorney Range 17- ��:1,447 P 8. Resolution 86.65 - Accepting Comprehensive Plan ).D. MINUTES 1. *Regular Meetings Juno 169 1966 E. CORRESPONDENCE 1. *Kenai Peninsula Borough - Waeto Disposal Commission - ® Handling of Special Weete© 2. *National Trust for Historical Preservation - Revitalixe Down Town Arean c, I Im •a E r -- 1 O' _ a I i F. OLD BUSINESS } �V 1. Report on Landfill Permit G. NEW BUSINESS 1. Bille to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 1151-86 - Amending Kenai Municipal Code - Oil and Gas Wallop Permitteee Insurance & Bond a. Substitute 01 Substitute #2 - - o.. Substitute #3 d Substitute 04 4. V01rdinance 1152-86 - Increasing Rev/Appno - Federal Revenue Sharing 5. *Ordinance 1154-86 - Amending Ordinance 972-84 Relating to Call Features of 184 GO Banda 6. "Ordinance 1153-86 - Amending Kenai Municipal Code - Insurance Requirements 7. Discussion - Printing of Compr.ehensive Plan B. Approval - Vacation, Utility Easement - FBO S/D Discussion - Land Prices & Reappraisela 10. *Games of Chance & Skill - Kenai Child Development 11. Center Approval - Greenecapee - Bulletin & Notice Board at c Airport 12. Discussion - Contract Retainage H. REPORTS 1. City Manager 2. Attorney 3. 4. Mayor City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commieeion B. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Minutes) ADJOURNMENT _ 3 sf M k. It COUNCIL MEETING OF JULY 2, 1986 INFORMATION ITEMS 1 - KPB Agenda - 6-17-66 2 - KPB Res. 86-78 - Providing 18 month extension to Kenai/Solid Waste Maintenance Agreement 3 - KPB Waste Disposal Commission Agenda - 7-2-66 4 - Billing - OceanTech - Robin, Keneitze, Eagle Rockt Sandpiper, Tern., S. Strawberry - $29015 5 - Billing - OceenToch - Cook Inlet View Dr., Lilac - $19001,50 6 - Billing - OceanTech - S. Spruce - $736.50 7 - Billing - OceenTech - Marathon Rd. - $500 8 - C&RA Notice of Municipal Assistance Payment, Final 9 - Comm/Comm Application - Pate Iechi 10 - Billing - OceenTsch - Juliusaen,Baein View,Ames,Bsrabare- $19051.50 11 - Chamber of Commerce Newsletter - July 1986 12 - Son. Stevens - Mobile Office Vieit, July 11 13 - Sonic Cable Television - Cable Damage Claims 14 - Transfer of Funds Under $19000 - June 15 - FAA FONSI - Float Plane Basin 16 - Billing - McLane & Aeaoc. - Airport Improvements - $60037.96 17 - Billing - McLane & Assoc. - M.A.P. Project - $30,195.50 16 - Billing - C. Gintoli - Library Addtn. - $650 19 - Billing - Wince, Corthell, Bryson - Inlet Woods - $149926.50 20 - Billing - Zubeck, Inc. - M.A.P. Project - $2619881.97 21 - Billing - OceenTech - Spruce - $19660 22 - Billing - Const. Unlimited - E. Aliak, N. Highbuah, Swirea, S. Highbueh, Bumblebee - $2169945.92 23 - Memo, Engineer LeShot - Easement to Walker Lane 24 - Memo, Admin. Aaot. Howard - Lease Redeterminationo 25 - Billing - Wm. Nelson & Assoc. - Boating Facility - $37,913.68 jw in i. ,. 1 9-1 CITY OF KENAI SPECIAL ELECTION OF JUNE 249 1986 WE, THE MEMBERS OF THE KENAI CITY COUNCIL, DO HEREBY CERTIFY THE RESULTS OF A CANVASS OF THE BALLOTS FOR THE SPECIAL ELECTION OF JUNE 249 1986. PROPOSITION YES NO III 870 M N M I► If If N N N N N N N N If N N N N N N N N N N N N M M N M N SPOILED BALLOTS: 0 ABSENTEE BALLOTS$ S9 CHALLENGED BALLOTS$ 28 TOTAL BALLOTS CAST$ 1038_ N N N N N N N N M N N N N N N M N N N N N N N N N N N M M N N N TOM WAqOft"t RAYMNO—M"SLESt COUNCIL n ZAL &� COUNCILWOMAN - COUNCILMANagngA vott ATTEST$ eWhelan# y ec GATED$ July 2, 1966 H 7 .. 14 !r d�� l KENAI PARKS & RECREATION COMMISSION June 30, 1966 Kenai City Hall Richard Hultberg, Chairman 1. ROLL CALL Presents Hultberg, Carlson, McComeey, Siebert, Siekowitch Abeentt Smith, Wright Also Presents Raymond Measles, Don Overton 2. PERSONS SCHEDULED TO BE HEARD None 3. APPROVAL OF MINUTES of June 100 1986 Minutes were approved as submitted 4. OIRECTOR's REPORT a. Ballfielde A great deal of discussion was held on the need for additional ball fields. Mr. Measles and Mr. Overton were representing youth baseball and softball and Art McComeey was speaking for the adult softball associations. The prospect of losing the Spur Park field (dustbowl) will definitely affect both groups. Softball needs one more field (league play and tournaments) and little league hoe a need for one senior (full size baseball) and one smaller field for major or minor league play. Both groups have seen increases in numbers of teams this year. It appears that one softball field could be located north of Treat Cabinets adjacent to the present fields. Mr. McComeeey indicated that he hoe volulnteere with equipment to do much of the site preparation for the field, getting it ready to plant. MOTIONS Commissioner Carlson moved to recomend to City Council that an additional softball field and two youth league fields be built as soon as possible. The softball field to be locatod in the area north of Treat Cabinets. The youth fields should be built (with a site plan developed) in an area large enough to allow for development of a full complex over a period of 5 years. VOTEt Motion passed unanimously 1 PARKS 8 RECREATION COMMISSION June 30, 1966 h ? Page 2 -"x"Y' b. Summer Activities # Director McGillivray reported that summer crews have beer busy with Beautification projects, cemetery, bell fields, airport plantings, playground equipment installation, and of course trash hauling. Because of the lack of rein, watering has been almost continuous, moving sprinklers from one area to another. .� 5. OLD BUSINESS None ~" 6. NEW BUSINESS None n - 7. BEAUTIFICATION COMMITTEE REPORT Minutes were read no comments 8. COMMISSION COMMENTS A QUESTIONS l None 9. ADJOURNMENT 1 Janet A. Loper Planning Specialist (from written notes) [a •t _F.L YJ i ti SLyyL Suggested by: City Attorney CITY OF KENAI ORDINANCE NO. 1145-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 23.50.010 TO PROVIDE FOR A NEW POSITION ENTITLED "ASSISTANT CITY ATTORNEY." WHEREAS, the City Attorney recommends that an Assistant City Attorney position be created and it be at a pay range of 171 end, WHEREAS, it is intended that this position will be filled only by an individual who hoe passed the Alaska State Bar Examination) end, WHEREAS, the creation of this position may advance a current employee in pay range, but will not add any employees to the City payroll. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAIt ALASKA, that KMC 23.30.O1O(a) is hereby amended no follower CLASS CODE CLASS_ TITLE RANGE (a) SUPERVISORY AND PROFESSIONAL 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 1O5 Public Works Director* 24 106 Police Chief* 22 107 Fire Chief* 21 1O6 Senior Accountant 19 109 City Engineer 19 110 Code Enforcement Officer �7 111 Airport Manager* 17 112 Land Manager 17 113 Aosistant City Attorney 17 �i .A7�� 1 19 tf n " �t,•L�1 _ I� PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 1986. 0 , MAYOK- ATTESTs Janet Whalen, City Elerk First Readings June 18, 1986 Second Readings July 2, 1986 Effective Detet August 2, 1986 Approved by Finances NQl1 Approved by City Attorneys 6/11/86 L F C Q Suggested bys City Attorney CITY OF KENAI ORDINANCE NO. 1146-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 3905.060 ENTITLED "PENALTIES AND REMEDIES." WHEREAS, the word "criminal" found in subsection (b) of the above -mentioned KMC 3.059060 is incorrect) end, WHEREAS, the matter is truly a violation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: 3.05.060 Penalties and Remediees (a) Except as this section provides o erw se, a person who violates a provision of this title, term, condition, or provision of a license issued hereunder, or a City regulation promulgated under this title shall, upon conviction, be subject to a fine of not more then :300. (b) In addition to, or as an alternative to the (CRIMINAL) penalty aforementioned, any person violating any provisions of this title shall be subject to a civil penalty of not more then $300. Each and every day that such violation continues shell be deemed a separate and distinct violation. In addition, a civil Injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (a) The City shell seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. PASSED BY THE COUNCIL OF THE CITY OF KENAIO ALASKA, this second day of July, 1986. ATTESTs janst Relent City CIM City Attorneys. 6/11/66 First Readings June 18, 1966 Second Readings July 2, 1966 Effective Dates August 29 1986 j ,y � ,..� • , fin,..: M C-3 f Suggested byt Councilmen Wioo ? -� CITY OF KENAI ORDINANCE NO. 1148-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S160900O IN THE FLOAT PLANE BASIN CAPITAL PROJECT FOR ACQUISITION OF LAND. WHEREAS, the City deeireo to acquire approximately 80 acrea of lend for construction of a float plane beein= and, WHEREAS, the City intends to apply for an FAA grant that, if granted, will reimburse the airport for much of the coat of the land. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,-ALASKA, that estimated revenues and appropriations be increased so follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance $160,000 Increaao Appropriations: Airport Maintenance d Operations - Transfer Out S1600000 Float Plane Basin Capital Project increase Ectima ed Revenueo: Tranefer from Airport Land Syotem $16O90OO Increase Appropriations: Land Acquisition $16O90OO PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 1986. ATTESTt -Janet Whelan, City Cleric First Reeding: June 18, 1986 Second pcadingt July 2, 1986 Effective Dato: July 2, 1986 Approved by Finoncot ! qW 6/13/86 1F _r:5i5 n3 Suggested by# Adminietration CITY OF KENAI ORDINANCE NO. 1149-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.25 ENTITLED "LANDSCAPING REGULATIONS." WHEREAS, problems have ariaen implementing requirements of the landeeaping regulationel and, WHEREAS, the Planning and Zoning Commiaeion, at their June 11, 1996 meeting, approved the attached amendmente to KMC 14.25. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.25 entitled "Lendecaping Reguletione" be emended ea defined on the attached Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 1986. ATTEST# Janet a en, i y er 6/27/86 First Reading# June 18, 1986 Second Readings July 2, 1966 Effective Date# Auguet 2, 1986 L r _ Chapter 14.25 1$" LANDSCAPING REGULATIONS Sections: 0 14.25.010 Intent 14.25.020 Application 14.25.030 Landscaping Plan - Submittal Requirements 14.25.035 Landscaping Site Plan 14.25.040 Landscaping Plan - Performance Criteria 14.25.050 Landscaping Review Board 14.25.060 [SECURITY AGREEMENT] Com letion 14.25.070 [DEFINITION - LANDSCAPINGLANDSCAPINGJ Modrficatione 14.25,080 Expiration 14.25.090 Penalties 14.25.100 befini Iona 14.25.010 Intent: It is the intent of this section to provide for landeceping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property valued, and reduce erosion and storm runoff. (Ord 1094) 14.25,020 Application: This section shell apply to all commercial and inn uatriai development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for construction of $10t000 or more located on properties within the Central Commercial (CC)p General Commercial (CG)I Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) 14.25.030 Landscaping Plan - Submittal Re uiremonte: Three (3) copies of the landscaping plan shall e eubmitted for approval to the [BUILDING OFFICIAL IN CONJUNCTION WITH—r-REQUEST VUR—MIDING PERMIT IN COMPLIANCE WITH THIS SECTION] Planning And Zonina Soocieliet_p_rior to the issuance of a builidne perm t. �a en e w o Building Inapectir. The landscaping plan ehall be prepared at a m n mum scale or n 20'1 and shall include the following information: (a) Common and scientific name of the planting materials tc be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings, parking areaet and driveways (d) Identification and location of existing vegetation to be retained - -a A . ``.'• } .1 Identification and location of non -living landscaping meturiale to be used Identification of on -site snow storage areas Drainage patterns 14.25.035 Landace in4 Site Plan: Require submittal of preliminary alto pan and approval Wy the Landscaping Review Board prior to any lend clearning and/or tree cutting. (Ord 1094) 14.25,040 Landscaping Plan - Performance Criteria: (a) Object vest An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the beet results. Perimeter# interior, and perking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landscaping: Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (a) Interior Landecaping: Interior landscaping involves those arena of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildingel to Identify and highlight entrances to the aiter and to provide for attractive driveways and streets within the Bite. (d) Parking Lot Landscaping: Parking lot landscaping involves the land areas adjacent to or within all parking Iota and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (a) Maximum Required Landscaping: The Landscaping Review Board shall not require more then five percent (55) of any Project area to be landscaped. 11 . 4 7 R. 4 p � 14,25,050 Landocaping Review Boards (a) Memberehip, Qualifications, Termag and NUIeGg The landscaping Review Board shall consist of not lose then five members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members ahali be appointed for a term of three years, excepting the initial members who shall be appointed for a ono, two, or three year term. The Board shall elect a chairman, vice-chef:man, and clerk. A majority of the membership shell constitute a quorum for the purpose of transacting business. (b) Meetings and Proceedinget The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall issue a building permit upon approval of the associated landscaping plan by the Board or the expiration of 14 days without official Board action# providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. (Ord 1077). 14.25.060 [SECURITY AGREEMENT] Completions All required landscaping as presented n the approved landscaping plan shall be installed [PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY BY THE BUILDING OFFICIAL] within nine (9) months of com lotion of the huildin construct on . a LRUTLDING UFFICIALI -lan-ning and Zoninoec a s shall make the final inspection to ver f the completion of the required landscaping. In the event that the landscaping hoe not been completed upon request for the Certificate of Occupancy, the Building Official may entertain application for a one-time termporary nine (9) month Certificate of Occupancy which shall be subject to approval by the City Council. The Landaceeing Review Board may rant extensions to the comple_ on` e o or unuaua circumstances as the Board deemp necessary-* 14.25.090 Penaltieat Penalties for non-compliance with this chapter ohail be as set forth by KMC 14,20.160. <J F IPP .' ■ [14.25.070] 14.25.100 Definition - LanAeeep_inngl_ "Landscaping" means atreatmentof the ground with live � planting ma arialeq including but not limited to, trees, shrubs• grass, ground cover or othec growing horticultural material. Other materiels such as wood chips, stone, or decorative rock may also shallbbeuprovided by the'.Cityof rof Kenai. landscaping 1037Materials ) .F :r 1 r.k t CITY OF KENAI dapd� 4 A"" MO FIOALSO KENAI, ALASKA "1111 TELEPHONE 2119.1516 i 1 I June 23, 1986 TO: Council � 91�A Zy FROM1 Janet Whelan j-A City Clerk RE1 Ordinance 1149-86 - Landecaping Ordinance The following amendments were recommended at the June 189 1986 Council meeting. 1 - Combine Lendecape Board with P&Z. 2 - Penaltiee for non-compliance should not be deleted. 3 - A work oeaeion should be scheduled for P&Z and Lendecape Board. 4 - Combine Site Plan Ordinance (Ord. 1132-86) with Landscape Ordinance. 5 - Change "Planning Specialiat" to "City Manager's Deoigneo" throughout ordinance. jw r' (�1 1 C — V CITY OF KENAI „Od —dal of 04"„ WOFlDAM XMI,ALAW Milt TELIMMIEM-MI MEMORANDUM TOI Kenai City Council FROMI Janet Loper, Planning Specialist SUBJECTI Ordinance 1149-06 - Landscaping Ordinance OATEI July 2, 1986 The Landscaping Review Board met the evening of 7/1/86 and reviewed the proposed ordinance changes. Taking into consideration the desire of the Council and the Building Inspector to pees this ordinance, the Board has found several items that need clarlification and asks that Council postpone approving the ordinance pending a work session between the Building Inspector, the Planning Commission, the Council, and the Board. .13 = _T c_ �a 14.25-14.25.035� Chapter 14.25 LANDSCAPING REGULATIONS Sectiones 14.25.010 Intent 14.25.020 Application 14.25.030 Landscaping Plan - Submittal Requirements 14,25.035 Landscaping Site Plan 14.25.040 Landscaping Plan - Performance Criteria 14.25.050 Landscaping Review Board 14.25.060 (Security Agreement) Com lotion 14.25.070 (Definition - Landecapingj EXPIration 14.25.080 Definition - Landscaping 14.25.010 intents It is the intent of this section to provide for landac' ping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearances maintain or increase property valueev and reduce erosion and storm runoff. (Ord 1094) 14.25.020 Aeplications This section shall apply to all commercial and indUStrIGI covelopment within the City of Kenai. "Commercial development" shall be defined es any improvements requiring a building permit for construction of $10,000 or more located on proppertise within the Central Commercial (CC), General Commercial (CC 9 Heavy Industrial (IH) and Light Industrial (il) zoning districts. (Ord 1094) 14.25.030 Landscaping Plan - Submittal Re uiromentss Two 2 (Three (3)] copies or tne'-Ian seeping 'plan shall e eu m tte or Speroval to the (Building Official in conjunction with a requeei"for bulAoing permit in compliance with this section.) Plan_ni�nq and 7nnina Seorstary erior to the issuance of a buildinpermit . One she a preparo� e a m n mum scs o or Ill,,a 201; and shall include the following informations (a) Common and scientific name of the planting materials to be used in the project 4(b) Typical planting details (a) Location of all planting areas and relationship to buildingo, parking areast and driveways (d) Identification and location of exiaLing vegetation to be retained (a) Identification and location of non -living landscaping materials to be used (f) Identification of on-oite snow storage areas (9) Drainage patterns 14-63 (City of Kenai Supp. 040 - 1/16/86 t= 14.20.040-14.25.050 14.25,035 Landscaping Site Plan: The City requires [Require] (ON submittal of _ [pre m nary site pion an approve y e Landecapin Roviow Board prior to any land clearing end/or tree cutting. (Ord 1094) 14.25.040 Landscaping Plan-- Performance Criteria: (a) Object vest An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amounts (among) will provide the beet results. Perimeter,Tnte`rior, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landecapingt Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent lend uses. Buffer landscaping may be dooirablo along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping: Interior landscaping involves those areas of the property exclusive of the perimeter and perking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landeceping: Parking lot landscaping involves the land areas adjacent to or within all perking lots and associated access drives. Perking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It oleo is desirable for the purpose of improving vehicular.and podeetrian circulation patterns. (a) Maximum Required Landocaping: The Landscaping Review Board shall not require more than five percent (5%) of any Project area to be landscaped. (w Reviews e Landscape Review_ Board may reconaider.plsne after they evF`been 555rovou ir pro ems er eo n--carrying out the landscape plan Go originaizy approvuo. 14.25.050 LandocaRing Review Boardt (a) Membership, qualifications, Terms Gnu Ruleat The Landscaping Review Board shell consist of not lose than five members who shall serve without pay. Members +� shall be appointed by the Mayor and confirmed by the 1 Council. Members shall be appointed for a term of three years, excepting the initial members who shell be 14-64 (City of Kenai Supp. 040 - 1/16/86) L�4 L ;Y 1 1 L� 9 I 14.25.050-14.25.070 A- (� appointed for a one, two, or three year term. The Board ' shall elect a chairmen, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of tranoacting buoin000. (b) Meetings and Procesdinges • The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory ' submittal to the (Building Official] Planninq and Zoning Secretary. The Building Official ehelli is a buliding permit upon approval of the associated landscaping plan by 0 0 the Board or the expiration of 14 days without official Board action, providing all of the other requirements for the ioouance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. (Ord 10772 4 14.25.060 (Security A�grreee_m_e_ntt]Com lotion All required landscaping as presented in the approved landscaping plan shall be installed prior to the ioouenco of the Certificate of uccupsncy by the Building Official. The Building Official shall make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Buildin Official may -.. (entertain application for a one-time temporary nine ?9) month Certificate of Occupancy which shell be subject to approval by the us$ City Council.]grant a temporary certificate not to exceed nine_(9) months. 14.25.070 Expirations If construction of the proiact hoe not aEorEed within o s or approval of the landscaping pion,tho ser_rovas a epee. (14.25.0701 14.25.080 Definition - Lan�d_oce� ing1 andocaping" moans a roa man o 'die groundeu ace with live planting materials, including but not limited to, trees, shrubs, grove, ground cover or other growing horticultural material. Other i materials ouch as wood chips, atone, or decorative rock may also be •• utilized. A list of recommended landscaping materials shall be + provided by the City of Kenai. (Ord 1037) i 14-65 City of Kenai Supp. #39 - 10/16/85) DRAM 6/20/86 .r. n - iy } A U �S . IS E '. J V .r t Suggested bys Councilmen Wise 1 CITY OF KENAI l ORDINANCE NO. 1150-86 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1109000 IN THE FLOAT PLANE BASIN CAPITAL PROJECT FOR DESIGN OF THE BASIN. WHEREAS, the City desires to proceed with design of the float plane booing and, WHEREAS, the City intends to apply for an FAA grant that, if granted, will reimburse the airport for much of the coat of the design. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Air ort Lend S stem Increase Estimated Revenues Appropriation of Fund Balance $110,000 Increase Appropriationes Airport Maintenance 8 Operationa - =110,000 Transfers Out Float Plane Basin Cogital Pro,lect +Increase tatimated Reventseal Tronefer from Airport Lend System $1109000 Increase Appropriations: Engineering $1109000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 1966. TOM WON" r ATTESTS one a en, y LIlerk Approved by Finance: C4( 6/13/86 First Readings June 18, 1986 Second Readings July 2, 1906 Effective Dotes July 2, 1966 r Y O Car--s. L s .I_ I 4. Suggested bys Administration CITY OF KENAI RESOLUTION NO. 86-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING GRANT NO. 6/87-409 IN THE AMOUNT OF $191OO,OOO FOR ROAD IMPROVEMENTS. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $191O090O0 for street improvement projects and a community contert and, WHEREAS, booed upon the results of a recent special election dealing with the proposed community center, the Council determines that it is in the City's best interest to use the grant for road improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Cit accept the State of Alaska Grant No. 8/67-409 in the amount of 1009000, and that the money be designated toward road and road -related improvements. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of July, 1986. ATTESTS Janet a an , City e r Approved by Finances -074 6/25/86 om Wagoner, Mayor . I L STANDARD AGREEMENT FORM FOR MUN M PAL PARTS This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"), and Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date X - upon completion of the project; Whereas, the grant 08/87 -409 of $1,100,000 is for the purpose of Street Improvement Projects and Communit Center (please provide further explanation and details in the space provided; This grant is for road improvements for existing traveled transportation routes throughout the City and for new roads to open up new commercial, residential, and industrial zoned areas. Improvements could include, but are not limited to, water, sewer, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, traffic control markings, signing, paving, parking arena, and other miseellancous items. The general area for improvements would be within the City limits of the City of Kenai. . •**w. w.ww.. .. - JI --s Page 1 of 4 C, 61 ;.P r � I c, GOP 7 ,i Suggested bye City Attorney CITY OF KENAI RESOLUTION NO* 66-64 BE CIL OF KA THAT , THEIFOLLOWINGDTRANSFERCOFNMONIES BEEMADEYINFTHEN198S BY THE 6-87GENERAL FUND BUOGETs Frome 1.447 Legal - Repair and Maintenance Supplies Too $1 9261 Legal - Salaries 92 Legal -94 PERS Legal - Annual Annual Leave Em This transfer provides additional money to pay the Assistant City Attorney at a pay range 17 in accordance with Ordinance No. 1145-86. pF�` F PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of Julyr 1986. 5 i om Wagoner, Mayor i t ATTESTs 73—enst Whelang City er Approved by Finances Cc:Pef- 6/27/06 N o , N u F Suggested byt Planning 6 Zoning Commission CITY OF KENAI RESOLUTION No. 8"s A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE 1986 CITY OF KENAI COMPREHENSIVE PLAN. WHEREAS, A Comprehensive Plan has been prepared for the City of Kenai by the firms of CCC Architects Alaska, a firm appointed jointly by the City of Kenai and the Kenai Peninsula Borough, and WHEREAS, the City Council and Planning & Zoning Commission have reviewed interim technical reports dealing with the subject matter over the last 15 smooths, and WHEREAS, the Kenai City Council and Advisory Planning do Zoning Commission have held work sessions, and WHEREAS, several public hearings have been held by the Planning 6 Zoning Commission, and WHEREAS, comments from the Council, Planning Commnission, and the public have been incorporated into the draft. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thatt Section . The Draft Kenai Comprehensive Plan dated June, 1906 be Modified by the e1tteched sheete i Section 2. The Plan as so modified is hereby adopted by the Kenai City Councill Section . The Plan as so modified is hereby recommended for approval by the ens Peninsula Borough Assembly. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Znd day of July, 1986. YON WAMNIC, MAYOR ATTESTS �l.3anat Wheligo City Clerk — .-��n�"lf•t4 .p �rr 174 — &_.1 l J li T c 1 n r .. . 1 =,I Figures i. Vicinity Map 2, Land Ownership 3. Development Constraints 4. Land Use Plan S. Parke Plan 6. Transportation Plan F Tables 1. Employment by Sector, 1980-1984, Kenai-Soldotne Area 2. Employment and Population Forecast, Kenai-Soidotna Area 3. Lend Use Allocation, Lend use Plan 4. Projected Housing Demand S. Existing Commercial Business Space 6. Projected Commercial Space Demand L C C FM Ob ectives Bub ect Page 1. promote a good business climate Z. prepare an economic development strategy 3. seek productive use of city land 4. Enhance the rscreati=r Visitor industry S. anccurage tourism to historic tawnsits 6. strengthen separate neighborhoods 7. enact new residential swing 8. Crefully define commercial districts 9. accurage a diverse, pedestrian -oriented downtown 10. Manage development of the original townsits 11. Kstenish river -oriented and airport -oriented industry 12. Avoid development in natural resource areas 13: Require site plan review for development on the Kenai River 14. Discourage development in isolated wetlands is. Implement the Kenai Drainage study 16. Prepare a parks and Recreation Master plan 17. provide new recreational facilities for tourists and residents 16, aftnce the visual quality of Kenai 19. Implement an overall transportation plan 10. improve state roads 21. use assessment districts to improve minor streets 22. improve the airport following the new Airport Master Plan 23. Improve port facilities 34. Matend water and sewer service 25. provide permanent sites for solid and hazardous waste disposal 36. Expand fire and police services and facilities 37. Expand health care services 26. support efficient use of school facilities 19. Cooperate with soldotna on planning and budgeting 30. Vollow, consistent planning o Zoning Cammiesion policies 31. Amend and update the Zoning Code 0 32. Prepare special area plans 33. Maintain favorable property tax rates V i A„ EJ '1 t I. I-11- QDl=ZCIN A. RMP09E AND OAGRNIZATION - Ths Comprehensive Plan is a compilation of objectives, actions and maps designed to help guide the physical, social, and economic development of Kenai. The planning horizon tot recommendations contained in the plan is 18 years, to the year 20001 although the plan should be updated every two to three years to respond to changing conditions. The plan is written and organized to facilitate decision -making. That is, recommendations are presented in the form of =DELI=# each aecovanied specific ACTIONS which the planning and Zoning Commission and Council shoal take to implement the plan. The guidelines and actions provide direction for longterm development as well as for day -today decisions about land use, capital improvements and program funding. The plan is also designed to Inform other governmental agencies, businesses, landowners, and citizens about how the city is intended to grow and change. The WIDELIM are arranged in numerical order, independent of page numbers to that they can be easily referenced in any ordinance or resolution. The Kenai peninsula Borough has areawide planning powers as a second class borough. Approval of the plan by ordinance of the borough constitutes a commitment to carry out the guidelines and actions. chile the exact mechanism outlined in a written action may change, the intent of the action should be maintained. The objectives/ actions effectively become a kind of checklist which can be used to measure progress in making Kenai a better place to live and work. 9. RIGHLIGHTS or THE The CCoamehensive Plan covers a wide range of concerns and makes recaiwsndations for short and/or long range improvements. The City Council, Planning and Zoning Commission and citizens will have to set priorities for action. The following summary listing of recommendations is not a set of priorities. It is merely an overview of the kinds of strategies which are discussed in vote detail throughout the report. o Bring the Zoning Code and map into conformmnce with the adopted Comprehensive Plan. o Prepare a Ports and Harbor Master Plan to promote expansion of the commercial and recreational fishing industries. o Repirs. landscape screening on the perimeter of a ow - ceial site adjacent to residential property. o Allow neighborhoods to petition fat exclusively single-family zoning. 0 n r •� _._"_�_�_, fir.` ,rJ 1 o Encourage historic restoration and compatible commercial and residential uses in the Old Zbwnsite. o Require site plan review for development proposals along the Kenai River. o prepare a Parks and Recreation Master Plan. o UVrove river access for boats. o place gravel an all dirt roads by 1990 and pave all roads by 2000. o Widen the Spur Highway. o Seek State funding for a trunk sewer extension to 2hampson Park subdivision. o Relocate the Borough landfill outside the city limits. o Expand the fire department by using volunteers. o Develop the planned Kenai Ccaamunity Center. M d F, 4 - S a;f . .N N • May 12, 1986 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 ATTN: City Council Planning & Zoning Commission SUBJECT: Revisions to Second Draft Comprehensive Plan CCC Architects Alaska Alohltaoturo Planning Lantleoeps AroMteoturo Inro►1or *sign Job No. 8510.01/01 Based upon your comments received at the public meeting on May 71 1 propose the following additions/changes to the final draft document. Incorporation of comments by John Wise and Leo Oberts regarding port and harbor improvements. Add the following paragraph after the last paragraph on page 6: Growth in the Kenai fishing industry could be stimulated in part by needed Improvements in fish unloading facilities. An adequate cargo dock could attract boats to Kenai processors and Increase local fish haul taxes. If adequate launch facilities were also provided for recreational craft, Kenai residents and visitors could capitalize upon Its near -shore halibut and king salmon fisheries. Thus, port Improvements could create spin-off benefits for the hotel industry, air services, and other visitor attractions. Add the following paragraph after the third full paragraph on page 7: As discussed under the above section on commercial fishing and seafood processing, there may be a particular opportunity to make port and harbor Improvements which would stimulate growth of the Cook Inlet recreational fishing Industry. The halibut fishery at Kenai is reportedly as good as at Homer, but Kenai Is much closer for Anchorage residents. Harbor Improvements, coupled with a tourism campaign could make Kenai much more competitive for this recreational fishing market. Add the following action under guideline 2 on page 12: d. Prepare a port and harbor master plan to support expansion of commercial and recreational fishing (see also Guideline 23). 431 West sawnth Awnuo, Suit* 11V Anohonpp, Alaska OWI ill City of Kenai May 120 1986 Page 2 Comment by Leo Obert about flexible site planning for larger parcels. Add the following action under guideline 7, page 25: 1. Amend the Zoning Code to create a special "planned community" zone to encourage an Integrated mix of residential and support- ing commercial uses on large parcels (e.g. under 20 acres). Applicants would be required to submit a maeter development plan stipulating requested zoning for subareas. Other compre- hensive plan guidelines and special now criteria would become the basis for approval of this form of contract zoning. Comments on F. Site Plan Review Overlay, page 30. This section discusses environmental conditions as a basis for comprehensive planning. Guideline 12 is a general statement of principles about land use suitability. The only change I would recommend Is to: drop the reference to "and wetland areas", in 12.a. Guideline 13 establishes a riverfront review area similar to the KRSMA concept. It is primarily a land use area within which development applications would be referred to the Corps of Engineers or D.E.C. I recommend: dropping references to distances from the river which describes the review area 03a - 300 feet, 13e - 100 feet), leaving the description of the review area boundary to the site plan review ordinance which would be prepared after the plan Is completed. Guideline 14 does not commit the city to anything, except encouraging other agencies to take action. It Is useful in the comp plan to reference these governmental programs. Guideline 15 establishes what should be fairly non -controversial drainage guidelines. We can incorporate other comments you may provide to us prior to and perhaps at your meeting of May 21. 1 will not be able to attend that meeting, but can obtain your comments from Janet Loper. We would like council approval of the plan, perhaps in the form of a resolution to the Borough, on May 21 or as soon thereafter as possible. We will continue to correct typographical errors, and clarify text to make the document clear and readable, with the idea of publishing the document In June. S11payely, Richard K. Morehouse, AICP Project Manager cc: Kevin Fenner, Planning Director Kenai Peninsula Borough RKM/sir .9 „ is s !/ J AGENDA ONCIL - REGULAR MEETING 30 1986 - 700 PM with an asterisk (") are considered non-controvorsial by the Council and by one motion. There will be no on of these items unless a Council a, in which case the item will be Consent Agenda and considered in its n the agenda as pert of the General ILED TO BE HEARD (10 min.) .e Const. - Utilities on Projects of idling and Procedures of Projects lending Kenai Municipal Code - Zero Lot )rd. 1130-86 lending Kenai Municipal Code - )ment )rd. 1131-86 mending Kenai Municipal Code - City refer of Funds - Senior Citizens Aeat. Take Over Project Director Hafer of Funds - Senior Citizens e Maintenance - $1#053 nsfer of Funds - Plane For Automated tation - $79000 nefer of Funds - Sewer Lift Station rding Contract - Communications uthcentral Communications - $10#344 nefer of Funds - Cook Inlot Vlowt on - $61830 rding Bid - Cook Inlet Viewq Lilac - gineering Inspection - M. Tsuriainen - o -' IN UM lip D. MINUTES 1. *Regular Mootingg May 219 1966 2. *Regular Moetingq Juno 40 1986 E. CORRESPONDENCE Fe OLD BUSINESS G. NEW BUSINESS 1, Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1145-86 - Amending Kenai Municipal Code - Now Position - Aeuto City Attorney 4. *Ord. 1146-86 - Amending Kenai Municipal Code - Penalties and Remedios 5. Ord. 1147-66 - Increasing Rev/Appno - Senior Day Care ' + i Donations - $183 as Public Hearing, Ord. 1147-86 6. *Ord, 1148-86 - Incroaa. Rov/Appno - Float Plane Basin Land Acquisition - $160t000 7, *Ord. 1149-86 - Amending Kenai Municipal Code Landscape Regulations 8. *Ord. 1150-86 - Increasing Rev/Appno - Float Plane Basin - Design - $ 1109000 9. Approval - Request for Extension of Drilling Pormitop Cannery Loop Wells #1 & #3 10, Approval - C. Gintoli - Kenai Community Center Transfer of Funds - $8t050 11, Disc. - Federal Revenue Sharing 12, Diacs - Konaitze Tribe Use of Property - Ameo St, 13. Disc. - Water & Sewer Service to West of City Limits Down Spur 14. Approval Revision of Construction Dan Roberto Boron Pk. S/D H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clark 5. Finance Director 6. Planning & Zoning 7, Harbor Commission 8, Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 min*) ADJOURNMENT ..... ..... Itq­ ...... .... _Ll KENAI CITY COUNCIL, REGULAR MEETING, MINUTES 3UNE 18 19869 7100 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE Of ALLEGIANCE A. ROIL CALL Presents Ray Meaoles, John wiee, Too Wagoner, Jese Hall Aboents Chrle Nonfat, Tom Aokecly (exoueed) sally Gallia (arrived lots) A-1 Agenda Approval of Mayor wagonor noted a packet of Information was distributed 6-17. b. Hsyor wagoner noted amondmento to item C-1, Ord. 1130-66, and C-29 Ord. 11I1-86 were distributed In the 2nd packet o. Mayor wagoner naked that Item 0-10 be deleted an the work cannot be done till after the June 24 election. Council approved the agenda no amended. A-2 Conoent Agenda MOTION1 Councilman Meeeleo moved, seconded bry Councilman Hall, to approve the Conoent Agenda on submitlad. Councilman Wine asked that item 0-79 Ord. 1149-860 be deleted from the Consent Agenda. Notion passed by unanimouo consent. COUNCILWOMAN OAILIE ARRIVED AT THIS TIME, 7109 PM. D. PERSONS PRESENT SCHEDULED TO BE HEARD 0-1 Marko Zurek, Ooyle Const. - Utilities on Projects of Doyle Conel., Handling 6 Prooeduroo of Projects Marko Zurek, Doyle Construction. They are In the latter at go of one project (Inlet Woode), and beginning another (Es le Rook, etc.). Inlet woods was a "eontracnor'e dream" ae Iar an utilities, etc. were ooncerned. He distributed materiel to Council. The project lose divided Into 2 stages. The contractor would do phase 1 when complete they would go to phase 2 no the utilities oouId be done. It should have worked, but when the work woo complete and utility companies went in to do the work, there were gspa. Doyle had to devise the project and submit It to the City to be dons by Oct. 1965. There was not enough to go through 1986. The utility companies came In on Aug. 1. That dead line was important. They did not have to come in till Aup. 1!. There was a meetlo on July 13, the gutility can. sold they would ut1lAug. I,have Doyleltles done Conet. thouphtAug. that7if was okay,ctheydcome y were in by virtually done. The utility cos. started about Aug. 6. At the Aug. meeting, the phone oo., MCA and Enster said they had no contract to du phose 2. The first time they said that we at pro -bid. Doyle got to phase 2 and there were pproblem:. They had to coordinate with someone who did not hmvs a contract. They lees approached by Wince, Corthell 6 Orysen who asked for costs for DOyls to put orosainps on phone )!. Doyle sold okayy, their acquired water, aontaolad HEA. The cost loss $7,'100. this was accepted by NoLone's (owners). Doyle put them an the pcojeot site. They stopped another job to do this. The followiing Monday they were told by HoLons they did not went them to do thla, they would do their own bore. Doyle did the etraot, curb and gutter work and howled In crush. They got a letter from Winos, Certhall u � 1 KENAI CITY COUNCIL JUNE 18, 1906 Page 1 6 Oryeon ooying Enotor would do cr000ings. At the time they did not hove a contract. Doyle felt thin woo the wrong time, they could do it when Doyle flniohod their underground, no they paid no. They received o letter from the City saying they were not cooperating. It woo hard to cooperate when It woo opollod out phone 2 would be done May 15 to June 15. Doyle ooid they would do phone 2 thin year. The latter from the City woo doted Oct. 1905. The requoat from Wince, Corthell 6 Bryoon to do cr000ingo woo doted Oct. 1905. Doyle felt they were delaying them from paving. In photoo 1 they loot 3 to 3-1/2 wpeko with problemo. With photon 2 they loot 0 montho. The underground work on cr000ingo otortod Aug. 15. They completed it Juno 1966. It In to the City'G benefit to have thlo completed on noon no p000lblo. They will collect 000000mento when It in complete. Doyle hoo to complete their work in 2 weeko. A 3 weak delay playa on Important part. In the contract it Gtatoo the City will ouffor financial l0000e if it to not completed. The contractor will pay the City $450 per day for ouch day till complete. Mr. Zurek oubmittod name ouggostiono for future LID'o. Doyle had no problomo with the project, but the time loot carried It to the following year. Their warranty will not otort till the work In complete. No in nuking Council to have o work oeooion to dincuoo thin. Atty. Angara noted to Council that they ohould be aware that thin may be o claimant against the City and he cautioned them that if they wlohod to negotiate it Is their prerogative. if not, it will come to the Legal Dept. Mr. Zurek added, if a project gone over time, it is never looked at. Mayor Wagoner stated Council did not wish to diocues at thio time. Mr. Zurek ooid there is Game carious planning to be done for future LID'o. Atty. Rogero explained, if the City acknowledged any problomo at thin time it would be a factor agolnot the City in future doolingo. Mayor Wagoner noted there to a City ordinance requiring location of utilitloo. Public Works Director Kornolin explained, in thin c000 the utilities worked together to put them in the name corridor. Mayor Nagones noted there are 2 problomo to naive. The problomo with Doyle Conot. ohould be handled adminiotratively, and a work 0000lon can be achodulod for general problomo with LID'o and utllitioo. Council o9roud to the ouggoation. C. PUBLIC HEARINGS C-1 Ord. 1130-66 - Amending KMC - Zero Lot Line Development 0. Subot. Ord. 1130-06 NOTIONi Councilman Wine moved, seconded by Councilwomen Sallie, to adopt the ordinance. There wau no public comment - MOTION, Amendments Counrllmen Wine moved, oecnnded byp Councilwomen Osllle, to emend the ardinoneo, 14.20.161 (b) (4), change 30% to 40% total building coverogol and linen 3 &49 delete the wards, "in All and AS tones and 40% of the lot area in the RU tons." He further amended the ordinance by adding 14.20.161 (b) (0), Side yard eat bocko should be 10 ft. for single floor, 15 ft. net bock for 1-1/2 and 2 story. VOTE, Amondmente Notion peened unanimously by roll call vote. L E7 KENAI CITY COUNCIL DUNE 10, 1986 Page 2 NOTION, Amendments Councilwoman Balilo moved, eeeonded br Councilman Hall, to amend the ordinance, 14.20.161 ( b ) ()), change 45 ft. to 40 ft. minimum width. VOTE, Amendments Notion passed unanimously by roll cell voter. There woo no public comment. VOTE, Main Notion on Amendeds Notion passed unanimously by roll call vote. C-2 Ord. 1131-06 Amending KMC - Townhouse Development NOTIONS Councilman Wino movod, seconded by Councilwoman Bailie, to adopt the ordinance. NOTION, Amendments Councilman Wise moved eeeonded brr Councilwoman Beilie, to amend the ordinance, ;4.20.160 (b) (6) (1), Change 301 to 40% total building ooveragel lines 2 & 30 delete the words "in the RR and RS :ones and 40% of the lot area In the AU scone." He further amended the ordinance, 14.20.160 (b) (10), add the words "except for aide yard eat books" at the and of the sentence. VOTE, Amendments Notion passed unanimously by roll call vote. PUBLIC CONMENTs e. Building Inspector Hackney. He agreed with Councilman Wise, and asked that Ord. 1130-06 also be amended. Atty. Rogers referred to hie memo end noted the aPoo lliI will control the general. NOTION, Amendments Councilman Hell moved oeaonded by Councilmen wise, to amend the ordinance, 14.20.�60 (b) (s:l, delete the paragraph In its entirety. VOTE, Amendments Notion passed unanimously oy roll call vote. VOTE, Main Notion as Amendsds Notion paseod unanimously by roll call vote. C-1 Ord. 1130-66 NOTION, Reconsiderations Councilmen Mine moved, seconded by Councilman Hall, for Immediate reoonsideration of Ord. 1130-06. VOTE, Reconsiderations Notion peeved unanimously by roll call vote- u - - --- A-- - - — - F KENAI CITY COUNCIL DUNE 109 1906 Page ) NOTION, Amendments Councilmen Wine moved, eeconded b�r Councilwoman Sallie, to emend the ordinance, 14.20.161 (b) (7), delete the paragraph in its entiretyl 14.20.161 (b) (0), change to 14.20.161 (b) (7). VOTE, Amondmonts Motion passed unanimously by roll call vuts. NOTION, Main Motion so Amondeds Motion panned unanimously by roll call veto. C-) Ord. 1144-66 - Amending KMC - City Parka MOTIONS Councilman Monaloo moved, oeconded by Councilwoman Rollie, to adapt the ordinance. PUBLIC COMMENTS 0. Loretta Broaden, 1602 Borabero, Kenoi. She asked that the ordinance be amended that there be no launching of boato by trollor at Cunningham Pk. Many times there may be 40-60 people fishing there, it is one of the goad areas to fish on the river book. Launching boate interforoo for 15 minutes to 1/2 hour. Trucks with trailers go down on the grovel and mud. People park on Boavor Logpp Rd. She hod no objection to canoes. There Is 0 tar to amount of erosion. Mayor wagoner noted the romp to oteep and people also have trouble stopping their boots. MOTION, Amondmonti Councilwoman Bottle moved, ascended by Councilmen Mies, to prohibit boot launching at Cunningham Pk. Recreation Director McGIIIIvroY ouggeoted filling in the ramp that Is there, It cannot be watched 24 hours a day. b. Jahn Williams, 306 Candlelight, Kenai. He suggested Administration research the wording of the Cunningham Pk. donation to can if rlghto wore reserved to launch boato. MOTION, Withdrowels Councilwomon Baltic moved, with consent of second, to withdraw her motion. Neyor Wagoner asked that Atty. Rogers review the agreement. Recreation Direction McGillivray suggested same of the perks have no cooking facilities and camp eltee, there should be a eeview of fee oohedules. Council agreed to have a foe schedule for the July 2 meeting. Councilwoman Baille ouggeoted making the municipal park part -camping and pert picnic. Council agreed the Recreation Commission ohouid review all euggestiono and then Council will have a work ooncion. VOTES Motion linseed unanimously by roll 0811 vote- V-: 11 - -- . i--A .. a KRNAt CITV COUNCIL 3UNi 16, 1966 Page 4 C-4 Res. 06-96 - Teenef. of Funds - Senior Citltene Pr(JJeet Admin. Aost. Take Over PrOJs0t Director Duties - =1,166 s MOTION$ Councilmen Neaoles moved, seconded by Councilwoman Bailie, to adopt the resolution. There woo no public comment. Notion passed by unanimous consent. C-9 Res. 06-57 - Trans. of Funds - Senior Cititene Project • Vehicle Maintenance - $1,053 MOTION$ Councilman Meoslon moved, eoconded by Councilmen Hall, to adopt tho resolution. There woo no public comment. Motion passed by unanimous consent- C-6 Rea. 66-56 - Tranef. of (undo - Plano for Automated Flight Service Station - $7,000 MOTION$ Councilmen Hall moved, seconded by Councilman Msseles, to adopt the resolution. There woo no public comment. Notion p000ed by unanimous consent. C-7 Rea. 06-59 - Tranof. of Funds - Sewer Lift Station Pump - $1,755 MOTION$ Councilmen Hall moved, seconded by Councilwomen Battles to - - adopt the resolution. Thero was no public comment. Public works Director Kornelio reported this is a opera. Notion passed by unanimous consent. C-0 Res. 06-60 - Awarding Contreot-Communioatiena Maintenance- Southoentral Communications - $10,)44 NOTIONS Councilman Hall moved, seconded by Councilwoman Bettis, to , adopt the resolution. i PUOLIC COMMENT$ s. Mike Searcy, Chuglek, Motorola. Motorola has just opened s new shop in Kenai. They are now more convenient for the City. Motorola is supported in Kenai and Anchorage by a full osaplement of engineering staff and a company that is world wide. He felt his bid was good# but the added altsrnato was higri, he _ asked Council to consider this. Motion passed by unanimous consent. - J �s KENAI CITY COUNCIL DUNE 16, 1906 Page 9 C-9 Rea. 86-61 - Tronsf. of Funds - Cook Iniot Vlew, Lilac - Inspection - $6,630 MOTIONt Councilman M000loa moved, seconded by Councilwoman Boillo, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Roo. 86-62 - Award Bid - Cook Inlot View, Lilac - Surveying, Engineering Inspect. - M. Tourioinon - $43,030 MOTIONS Councilman Hall moved, seconded by Councilman Monaloo, to adopt the resolution. There woe no public comment Motion passed by unanimous consent. D. MINUTES D-1 Regular Mooting, 5-21-86 0-2 Regular Mooting, 6-4-66 Approved by Consent Agenda. E. CORRESPONDENCE None F. OLD BUSINESS None O. NEW BUSINESS O-1 Bills to be be Paid, Bills to be Ratified MOTIONt Councilman M000loo moved, seconded by Councilmen Hell, to approve the bills on submitted. Motion passed unanimously by roll call veto. O-2 Requisitions Exceeding $1,000 MOTIONt Councilman Hall moved, oocondod by Councilmen Meseles, to approve the requisitions an submitted. Councilman Wloo asked about the computers for Public Works. Public Works Director Kornello explained thlo to not a word proc0000rl there are 19 u000 for It, including engineering, grophe, coot entimetoo. Councilman Wine asked about the gravel, ordered Z times. Public Works Director Kornolin oxplained, the let proJsct 1e $3.29 cu. yd, it fo In the pit. The other Is $6.00 Cu* yd, It In delivered. Councilman Wien asked It this is pert Of the $00,000 appropriated loot year for gravel. Answer, yes• Councilman Wloo poked that the rondo needing ;revel be lsken core of. ww a u KENAI CI OUNCIL 3UNE 100 1966 Page 6 Councilwomen Battle asked it we have been doing dust control. Public works Director Kornelle replied, they will start July 1 and do about 4-7 miles of road. There hoe been goes on Berabsre, there will be more. Councilman Hassles noted we are replaoing the war - 11 proceoeore with IBM to be competlble, the Apple computer ' (lleted) to not. Public works Dlreetor Kornelle replied, for the he to doing, exooeds ION for Apple Is better work data and will tie Into IBM. It oloo hoe a good word proceaoor. Motion paseed by unenimouo conoont. 0-3 Ord. 1145-06 - Amend KMC - Now Pooltlon - Aeot. City t� - Attorney 0-4 Ord. 1146-06 - Amend KMC Penalties & Remedieo =` Approved by Conoent Agenda. 0-5 Ord. 1147-06 - Inoreoo. Rev/Appno - Senior Day Core ^" Donstiono - $103 -- a. Public Hearing, Ord. 1147-66 MOTIONS Councilman Nloo moved, oocondod by Councilman Hassles, to Introduce the ordinance. Notion peened by unenimouo conoont. Sr. Cit. Coordinator Porter explained, ahe rnqueoted the 2nd ' reeding thlo date beosuoo they will lose the donation if it ; to not pooled thle dote. NOTION, 2nd Readings Councilman Meesleo moved, secondod by Councilmen Hell, to have 2nd reeding thin date. Notion peened by unenimouo conoont. ,r NOTIONS Councilman Meosloo moved, seconded by Councilwoman Collie, to adopt the ordinance. Thorn woo no public comment. �= Notion peened unentmouely by roll call vote. ° Sr. Cit. Coord. Port ec eeported the Sr. Day Care Program is ^yam rowing. They are happy at it. Keney. They have 6 now, had In ieb. 0-6 Ord. 1140-86 - Inoreee. Rev/Appno - ilost Plane Basin Land - Acquisition - N 60,000 �._ Approved by Consent Agenda. k� 0-7 Ord. 1149-06 - Amend. KMC - Landoospo Regulations NOTIONS - Councilman Nice moved, seconded by Councilman Heseles, to T' introduce the ordinance. G . - a , 9 V r ik KENAI CITY COUNCIL �' - - "•r Page 18, 1906 NOTION, Amendments Councilman Wine moved, seconded by Councilwomen Bollie, to Hid _r•.+ �; amend the ordinance, 14.25.030, line 1, keep the number of t; copies at three. He further emended the paragraph, lino 7, add the words, °)rd copy with action token ohell be forwarded to building inspector." Councilmen W100 oxplo.tnod, the building inspector done not $ know the changes made. If it In turned down, a permit may be issued Inadvertently. Councilman Hall said it to 1 R approved by the Landscaping Od. before the permit to Issued. Councilman Wine noted It dean not any that. Council agreed ;L to have Administration review thin. Councilwoman Baltic - ouggootod combining the duties of the Landscape Bd. with PAZ. We have too many boordo for builders. She noted we rt= are doing away with ponaltlso for non-complionco. VOTE, Amendment (Posoed)t Vest Messina, Wise, Wagoner, Battle Not Hall Councilwoman Battle said Council should address the problems with s temporary certificate. Also by the City Manager, that should be changedloo would be oo! tt MOTION, Amendments t" Councilwoman Baltic moved. seconded by Councilman Wien, to amend the ordinance, 14.25.060, line 7, Aentenco beginning "In the event--" ohould be loft In. '•�""- Councilman Wine cold the old language said Council Is the y,o P only one that con grant o certificate. That Is not the ., Intent of Council. We ors `! just talking obout landscaping, not code enforcement. Building Inspector Hackney said thin Is a toning ordinance. There are penalties In the toning ordinance without tying it to a certificate of occupancy. ." He aonnot give them a charter time than 9 months on any other problem. He cannot give structure and landscaping tomporary certificate at the come time. Councilwomen Be1110 felt it ohould be more restrictive. Councilmen Measles ouggootod writing conditions on the temporary certificate e ,.- o• that specify. Atty. Rogers explained, that puto the burden s y.-""''!, .W_• a.: on the City. He ouggeated making It up to 9 months of the discretion of the Building Inopoctor. He oleo suggested -_ - - -- - �" changing Planning Specialist to Building Inspector. h . ' i"- • , VOTE, Amendment t + �•- Motion penned unanimously by roll call vote. fi Council agreed to have o work 000elon with PAZ and Landscape Bd. to diocuos combining. Councilmen Wine suggested the site plan ordinance should be combined with this ordinance. Councilmen Measles noted regarding modifications, it does not give the Planning Specialist direction so to what minor modifications are. It she makes �'`•'�'- �. �: like a decision Council does not there is no recourse. 1 [; • - ! VOTE, Main Motion an Amondods Motion p0000d by unanimous consent. 0-8 Ord. 1150-06 - Increoo. Rev/Appno - float Plane Oaeln . Design - $110,000 Approved by Consent Agenda. AL—='•- s. 1 S. A la =i KENAI CITY COUNCIL JUNE 10, 1986 Page 0 G-9 Approval - Re ueet foe Extension of Grilling Permits. Cannery Lao" Neils /1 6 0) Nsyyor Wagoner noted Council had a letter from AK ONR dated June 1) diotributed this date. MOTIONI Councilmen Miee moved, ooconded by Councilwomen 8e111e, to approve the request. PUBLIC COMMENTi o. Kevin Tablor, Union 011, Anohorsge. In the lost year, the working interest owners have met with State and Federal agencies in establishing production of hydrocarbons. They mode application for a new application to the State, it was rejected. They have medo a new application for Tyonek D, not 8eluge- It woo op proved, Bel ugo woo dloopproved. The March 1 application woo oubmitted for expenolon, it was approved. Boluge woo reoubmitted and approved. All 3 were approved with unit expenolon. Surface unit exppenolon and pipe line work can now start production. Aatuel extraction cannot commence for 90 de ye after approval. They can etert by July 1, but they do not have the facility in Place- b. Loretto Broaden 1602 Berabere Kenai. She asked Council to a nelder, the deciolon affects r:1olty and incomo of the City and shareholders and should not be taken lightly. She asked Mr. Tablet what the outer limito of the 2 Tyonek and Deluge :ones are and how would they effect residents. Mr. fabler replied, the participating area to eotabliehed. There is no dleegreement with that, It has been approved by the State and fedorol Governments. He had a map outline. Production cannot commence till drilling Is in place. They ore in the preason of right-ol-way soquieftion. They hoped to be on last Year, they now heve approval for this year. They are building the surface facilities this year, thewould like to enter 01 and I3 so noon an possible. Le. Breeden asked, what is the participating sees? Mr. Tablet replied, Tyonek D In the smallest, Upper Tyonek is next, Deluge in the lsrgeot. They took In Section 16 because they thought It would be productive. They ate all 3 participating units. Ruby Coyle asked when do they elect? Nr. Tablet replied, they will work 01 end /3. The lsrgeot In Beluga. There will be production on those within Beluga. They have plane for 0 more wells to complete development. o. Ruby Coyle 1412 Bsrabara, Kenai. She has a letter from Unocal to the State and ooppice of letters from the AK Oil 6 Use Rd. that Un000l lel11 delll another well in 1906. to that an schedule? Does AK Oil A Gas Rd. hold Unocal to that? Mr. Tablet replied, it is the plan of development. They do this once a year. In 1964 when they flied for psrticipating unit establishment, they were given a time frame work oohedule. They had to do certain things 1986 was culminated at drilling. the gorl less to gel the produot started. If there was no masks! they would ask for an amendment to develop. Re- opening of /1 8 03 will be that committment. Mrs. Coyle asked, did the committment of Un000l to AK Oil 8 Oaa Od. sey they would go seat of the 2 wells to find out the pparimatera of participating units? Mr. Tablet replied he does not have that letter. He did not remember the requirements. it was demonstrated with ;14 'At r q � fl .. i r { 1 rl i - ' 4 ,r KENAI CITY COUNCIL DUNE 10, 1986 Page 9 additional weak that hydrocarbono did go further seat than considered at first. Mayor Wagoner noted the only renoon to go coot would be to ootsblioh unite, they are already ootabllohed. Mr. Tablet replied, that to moot now, this to the initial contract area, it could be expanded. VOTEt Motion penned by unonimouo conoont. ADDITIONAL COMMENTt s. 31m White, For North Oil 6 Goo, Konal. For North hen on Internet and hoe Informed the State olnoe 1983 that they have a market. Th000 wollo hove not yet been put on otroom. They have naked for a one year extenolon. For North hoe tried every way they know how to got th000 on otroom. Mayor Wagoner explained the State hoo formed participating unite, they cannot start production till they have a pipeline. Mr. White replied, he did not onto if they had a pipeline. He would like them to put in cello, he will put in hie own plpolinoo. 0-11 Dine. - Federal Revenue Shoring Mayor Wagoner ooid Administration hoo asked for a work oonalon, than the lint (no Included In the packet) will be brought bock by ordinance. Council agreed to a work 0000lon. 0-12 Dine. - Konoitso Tribe Una of Property - Amon St. Atty. Rogoro explained, the Federal Govt. to pre-empted. The Initial citation given woo not correct. The City to precluded from rootrlcting uoo of property. The uoe of mobile home in violation of Kenai toning low will not stand. Councilman Wino acid hio understanding won the land was allotted to on Individual, and passed to the tribe. The allotment ototua done not otand. He asked that a title ooarch be done on the property no the City can determine the Copal otatuo of the land. It woo up for note by BIA and sold. Atty. Rogoro acid he will got a litigation report. G-13 Dine. - Water 8 Sower Service to Woot of City Limits Down Spur Mayor Wagoner ookod that thio be put on the Capital Improvemento Lint an roquented by Arco. There to a lot of bad water out there. Council agroed to the roquent. 0.14 Approval - Rovinion of Construction - Dan Roberto - Bacon Pork S/D MOTIONt Councilman Wine moved, oecooded by Councilman Hassles, to approve the rovlolon. Notion penned by unonimouo conoont. H. REPORTS 117, y — _qz f• .. 1 KENAI CITY COUNCIL DUNE 18, 1966 Page 10 H-1 City Manager City Manager Brighton spoke. s. Ed Lowry has asked for Gooses to the beak side of hie property (Kenai Plate). He distributed material this date. Construction is being held up till access is acquired. Ed Lowry, Kenai. He reviewed the background so stated In the materiel. Atty. Rogero oeld he had reviewed this with Public Works, they are water 6 sewer aosemente, not 'aeeeea o'aoemsnt'a- Mr. Lowry replied, that is a different thing. They were in the process of gqrenting easements for parking tote and driveways, Atty. Rogore told him he did not have Walker Lane access and deferred him to Public Works, who deferred him to Planning Secy. Loper. It wee approved by PAi 1-1/2 yeoro ago. Becouoe there is water 8 sewer there, there did not aeem to be a need to spend moneyq for right-of-way through there. Atty. Rogers top Lod, Mr. Lowry choee not to. Mr. Lowry 'agreed, adding the question is does he have access. Based on Mayy 23, 1984 minutes, no one in the City seems to know. Atty. Rogero replied, it d000 not exist now and Mr. Lowry wsnta Counoil to lot him proceed with vacation for access. Mr. Lowry repllod it Is his contention it has been approved. Atty. Rogoro noted this material was received June 16. Mr. Lowry met with City Manager Brighton Juno 16. Atty. Roger@ hoe not reviewed the material. Right now there in a water 6 sewer easement, that to all. Mr. Lowry replied, he felt there was more thon'thet granted and it did not happen. Atty. Rogers replied, it wee In 1904, there was no perfection or follow-up. Councilmen Wise noted it wee not executed by Adminlstration. City Manager Brighton replied It woo not Administration's reoponoibility to execute - Mr. Lowry added, Land Manager Lsbohn loft and it woe not done. He requested the City peepare vehicle access agreement for that area, It will eland till it needs to be platted. He will assume the cost of platting - Mayor Wagoner maked if the property problesa have been cleared up. Mr. Lowry replied, they will be In s few deyo. MOTIONS Councilman Wise moved, ascended by Councilwoman Bailie, that a vehicle eaaement which coincides with the utility easement for Lot 1, Block 1, Spur e/O be approved this date. NOTION, Additions Councilmen Wine, with consent of second, naked that the - 3-20-04 document be incorporated in the agreement. Councilman Nall said if we ors going to grant this, there should be a public hearing. The people in that area are under the assumption there is no eseement there. Mr. Lowry replied, that we@ Included In the public hearing In 1964. Pall and Council have approved. Mayor Wagoner sold he is not comfortable with this, he has just received the document. I Councilman hall noted from the minutes he cannot tell If It was approved or not. Nsyor Wagoner asked that Planning Seoy. Loper reoearoh thin. He noted we are sl111 under , foreclosure. City Manager Brighton @aid without access except for Spur Hwrr from HoOonslde and the shopping arse, we could be responsible for an socident•prons area. Thsrs will • <f� - L f • Y-4 MIA KENAI CITY COUNCIL JUNE 10, 1986 Page 11 not be G stoplight on Airport Way for at l000t 2 years, it would make nonce to provide additional occ000 to bueinooseo other than Spur. Motion pa000d unanimously by roll call vote. b. Regarding the memo on the landfill alto, distributed thio data. The Borough wonto G time oxtenolon and oxpanoton of the Bite. They had come nogotiotiono, the Borough turned down the City'o offer. Councilman Wine coked that the Borough propo olo be in writing. a. The Logiolativo Steering Committee for Municipal League will be hero Juno 26 and 27 and will uoo the Council chambers to ootablioh recommended logiolotion from the Loglolaturo at the next 0000ion. Soldotno hoe naked Kenai to chore the coatu of refroohmsnto at o reception Juno 26. d. Iry Skelton of the Dopt. of Agriculture cold he will moat with City Monagor Brighton regarding the agricultural alto. They will try to work it thin oummor but do not know beyond that. Mayor Wagoner Gold the City went to exponoo for thlo. Wolter Them had sold it wouldbe a 10 year period, now they any 2 yooro. It hen bean ouggootod the fencing be used for a mobilo home park. Mr. Brighton cold It would have to be cleared with FAA to hove a camper park. VICE MAYOR MEASLES ASSUMED THE CHAIR. b. (contd) MOTION Mayor Wagonor moved, nocondod by Councilwoman Sallie, that the City reply to the Borough and approach them with a prop000 that we will be intoreoted In axpandinoo, and spprovnl of DEC temporary uoo permit for 18 month additional period. Mayor Wagoner explained, the City dean not need more land. We Oro the major land holder in the City. He would like the Borough to get rid of the property, but we are creating undue hordahip on the City, the Borough and the peoples by not giving them an additional 18 montho. MOTION, Additions Councilman Wino, with conoont of Goo and, added to the motion that the Borough addr000 1) diaposition of adjacent land and 2) a rodevolopmont plan of land that le not Contaminated. NOTION, Addition Councilman Wino, with consent of second, added to the motion that during the 10 month time the Borough locate another land fill. Councllwoman Gallia noted the City sold this ! years ago. Motion, Additions Councilman Wloo, with conoont of second, added to the motion that they hove 18 montho, at loon if it ►ilia up earlier. 4 m r // _..----/Z - KENAI CITY COUNCIL DUNE 10, 1986 Page 12 NOTION, Additions Councilmen Wise, with consent of second, added to the motion that the 0orough plot that tract to Identify what will be in he ue the ee or)umpThnd what excluded ey would also like tthe replylin writing. M1000 VOTES Motion passed unanimously by toll call vote. MAYOR WAGONER RESUMED THE CHAIR. a. (contd) Council agreed to have the reception for AWL and split the cost with Soldotno. H-2 Attorney Atty. Rogero spoke. o. He spoke to H. Smith, FAA. The FONSI hoe been approved and we con proceed with condemnation for float plane beeln. Council hoe introduced condemnation for 160 acres by slow take. If it becomes necessary to go to quick take the money Can be deposited to court or go beck to Council for more. Councilmen Wise asked if a olow take eneblee the City to meet fAA requirements for appropriating AOAP proposal . Atty. Rogers replied, the document would be droftod, Airport Manager Ernst and Atty. Rogers will meet with FAA. They need their Concurrence and will oak them those questions before filing. we would have the money in 20 days with a feet take but would not know what we would pay. Mayor Wagoner ouggeeted we only need 2/1/2 or S mare piece. Atty. Rogero explained, every time we say a different amount we heva to re -do and oubstentiote that amount. We can only take the amount necessary for the project. Our documents coy 00 acres are needed. Airport Manager Ernst added, if we change the aateagge, the environmental neseooment will have to be changed. MOTIONS Councilmen wies moved, seconded by Councilwoman Belli@, to proceed with a slow take of 00 Horse. Notion pooeod unanimously by roll call vote. H-3 Mayor None H-4 City Clerk Clerk Whelan spoke. a. The judges for the June 24 election will have to be approved by Council. Croce Cole, precinot 11, will be unable to serve, she hoe been replaced by Oinny Atchison. MOTIONo Councilman Wine moved, eeoonded by Councilwoman Bo/lie, to approve the judges as submitted. Motion passed by unanimous oonsent. t • t �' 7 ,,r -- - - i i ) a- ... .. J r - 'i 1' a k L KENAI CITY COUNCIL JUNE 19, 1906 Page 13 b. Council requested the Clerk check with other cities in the Peninsula regarding the additional costs of the Comprehensive Plan and CCC request for more money. Seldovis woo not asked, Soldotne did their own printing, Homer woe not asked, Seward did their own contracting. Council agreed to dlocuoo thin at the July 2 meeting. o. Thorn is a total of 32 abeentoo votoo at this data for the Juno 24 election. Thin In a good turnout. d. Included in the packet is a reply from U.S. Dept. of Juetico. The Clerk hod oubmittod the City Code in Ito entirety for preclearance, but the Atty. denl'o office has required a breakdown of each amendment to the Code alncs 1972. Thin will require ordinonceo, minutoo, votes, publicity, corroopondonco and effect on minoritloo. s. Council had roquootod information on purchose of a flog for City Hall, the information to in tho packet. H-5 finance Director None H-6 Planning 6 toning None 14-7 Harbor Commiooion None H-S Recreation Commiooion Nano H-9 Library Commiooion None 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Council agreed to hove a work oeeoion on Wednesday, Juno 25, at 700 PH. b. John Williams, 306 Candlelight, Kenoi. Regarding the action on continuing pormito for Unocal. Council acted hootily. One your ago Council reviewed this and extended one year. He suggested they will be bpok again next year to ask for another extension. The well oponing can be accomplished 90 days aftee approval by the State, it woo approved in MoY . He •uggeated Unocal come back to Council in 90 days to report. Council hoe granted Unocal many favors since 1960 when the main woe run through City property. An economic favor woo granted for a pipeline. the cost of gas was not taken. No would like Council to grant a waiver to For North Oil A Goo for liability luourence and bonding rsquiremento on opening of a well. far North has $200,000 coah bond with the State, has workmen's compensation. The posting of a bond did not have much impact on what the oil companies did or did not do. There Is much mud loft from poet drilling. Clean-up did not occur. 9y waiving, perhope a small oompony f-guld get started. Mayor Wagoner avo lained It would have to be done by rescindint .r.,,•n..-_ 'r the ordinance was rescinded, Unocal would not ha, any COUNCIL 06 requirements miss. Mr. Williams noted the requirements its moot anyway, they are dealing with Stato and Iaderal requirements. The State bond requirement is lore. lohn Willies", Kenai. He asked that Candlelight be ion@idered In the dust control. lim White, For North Oil 6 Ose, Kenai. The problem that existo Lim the oil Induatry in in flux right now$ the conditions that exioted in January no longer exist. the coot of crude lion gone way down. Mitigating in thin io the Insurance and bond requirements. The nerketo that used to write liability insurance and bonding no longer do thin. The only 2 markets writing ore London markets, the cost Is prohibitive. For 620,000 worth of labor, they have to have $609000 to $70,000 insurance to underwrite that labor. If we Can work thin out, the results will bs far reaching. We will be the first in the State that Is not a major oil company mince StatehoodMayor Wagoner naked, whet Is the Stote bond? Mr. White replied, If they were drilling a mingle well, $JOBhas t000 bond. Statewide form2twells. is $200 TheOSt to hoc certifieditheynoan drillcash ut if this woo in the Borough. The only impediment they have is the bonding and insurance requirements. They are going to re -work an old well. Atty. Rogers explained, the City'o protection would be to go agsinat the State bond. Councilwomen Boille asked that Administration research this and the ramifications if It is rescinded. City Manager Brighton noted Kenai is the only city in Alaska where drilling im taking place. It Is because of thin ordinance that adjacent lend ownere do not have to go to the State for claims. Council agreed with the ouggootion. Mr. White explained, he has rental equipment on site that is coating him thouosnds of del Isra per day, there In an urgency. A 30-40 day wait Could moon dieeeter. Mike Pelchl 3456 Beaver Loop Rd., Konai. He homesteaded the land in 1991. He owns the land with the drilling rig on it. He hoe had problems with Unocal and nothing hen been done. The land has a emell. He Nsa subdivided and cannot sell the land. Real ootate ogente will not handle because of Unocal contmmination. Mr. White will not do any damage, It hoe olreedr been done. He will open a well siready dug. He will Just pump gee out. Mayor Wagoner eugggemted the ewpedlent way would be to put up a 129,000 bond. Me. White explained he alreadyy he 100,000 in this that ,Is cannot use. Mr. Pelch asked why the City did not have Unocal clean up his property. Mayor Wagoner replied he hoe written to the Governor, nothing has been done. Greg McAuliffe. He hoe a substantial interest In the lease in Kenai. If the State has stringent requirements, that should be euffiCient for the City. far North hoe the capability to work if the City will valve the requirement@. it would benefit the State and the City. John Williams/ Kenai. He asked if the ordinance was in effect in 1981 when the first well was drilled. Atty. Rogers replied, he thought no. Mr. Williams noted the f f Y �sy r+ KENAI CITY COUNCIL DUNE 10, 1906 Page 15 bonding requirement hoe done nothing to help this man's property. Mayor Wagoner explained, it to up to the owner to claim the bond. Nelda Coyle 1412 Barebara, Kenai. The State DEC has hod meterio, in the paper about Unocal not cloaning up drilling mud, but nothing hoe happened. Ruby Coyle, 1412 Borobora, Kenai. Regarding far North, maybe this would diotinguioh the area for formation of connory loop unit. Unocal hoe drilled on City property, State proporty and Mr. Polch'o land. The drilling hoe affected Coylo'o srtoolon wall and the ducks in the flote and killed the gr000 in the duck Ploto. If the City could pro etthe ooxtont nityfcthe ooil and goo pool they could payfore or Jomoo White, ""' 904 Pino Kenai. The $50,000 inouronco requirement for J20,000 worth of labor will go to coma insurance company's pocket. The bonding requirement io redundant with the State requirement. He aokod that the ordinance amendment be on the July 2 agendo. Councilman Wise asked if it could be diocu0cod at the Juno 29 work 0000ion. d. Clarence Ladd, Kenai. He hoe aokod Council before and hoe gone to Londocopo Bd. The Senior Center io being puohod down the polo and the community contee put at the top. Ho wanto the brush cleared ou! in front of the Senior Center. Mayor Wagoner said he hoe looked at It and fo not aura what Mr. Ladd wants. if we cut tr000 down, we will hoot from many POOplo. Mr. Ladd replied, no trace, juot brush. o. Clarence Ladd, Konol. ROgotdin? the community center. What would it coot to move the taware and equipment? Mayor Wagoner replied the ootimato is $250,000. It will not be done of thla time. Councilwomen Ocilla added the center will not be at tho antoc.ay farm: f' onlyWbetexpeditedtfor0the healih andthe welfareordinance thecan CittnahCitytodNononaPluO wouldeffect bethe heveawithout lth and welfare oil. of AOJOURNMENTt Mooting adjourned at 12eOO midnight. �� Jonot Whelan City Clerk a KENAI CITY COUNCIL DUNE 10, 1906 Page 15 bonding requirement hoe done nothing to help this man's property. Mayor Wagoner explained, it to up to the owner to claim the bond. Nelda Coyle 1412 Barebara, Kenai. The State DEC has hod meterio, in the paper about Unocal not cloaning up drilling mud, but nothing hoe happened. Ruby Coyle, 1412 Borobora, Kenai. Regarding far North, maybe this would diotinguioh the area for formation of connory loop unit. Unocal hoe drilled on City property, State proporty and Mr. Polch'o land. The drilling hoe affected Coylo'o srtoolon wall and the ducks in the flote and killed the gr000 in the duck Ploto. If the City could pro etthe ooxtont nityfcthe ooil and goo pool they could payfore or Jomoo White, ""' 904 Pino Kenai. The $50,000 inouronco requirement for J20,000 worth of labor will go to coma insurance company's pocket. The bonding requirement io redundant with the State requirement. He aokod that the ordinance amendment be on the July 2 agendo. Councilman Wise asked if it could be diocu0cod at the Juno 29 work 0000ion. d. Clarence Ladd, Kenai. He hoe aokod Council before and hoe gone to Londocopo Bd. The Senior Center io being puohod down the polo and the community contee put at the top. Ho wanto the brush cleared ou! in front of the Senior Center. Mayor Wagoner said he hoe looked at It and fo not aura what Mr. Ladd wants. if we cut tr000 down, we will hoot from many POOplo. Mr. Ladd replied, no trace, juot brush. o. Clarence Ladd, Konol. ROgotdin? the community center. What would it coot to move the taware and equipment? Mayor Wagoner replied the ootimato is $250,000. It will not be done of thla time. Councilwomen Ocilla added the center will not be at tho antoc.ay farm: f' onlyWbetexpeditedtfor0the healih andthe welfareordinance thecan CittnahCitytodNononaPluO wouldeffect bethe heveawithout lth and welfare oil. of AOJOURNMENTt Mooting adjourned at 12eOO midnight. �� Jonot Whelan City Clerk a KENAI PENINSULA BOROUGH 0 d BOX e50 • SOLOOTNA ALASKA 99060 i� PHONE 2ti2 444I STANTHOMPSON MAVOA r• rr - .P"12 34 June S. 1986 `� y ♦+ ti To Whom It May Concern: As you have been previously notified, the Kenai peninsula Borough Waste Disposal Commission is attempting to establish a cooperative oversight organization for the handling of special wastes within the Borough. We have scheduled the first session of this organization for June 12, 1986 at 12#30 in the Clerk's Conference Room in the Borough Building. It has come to our attention that some apprehension is being felt by the generators because of misunderstandings of the Borough's intent with this organization. I would like to give a brief background of how we got where we are so that you may better understand our intent. At present, tho Borough has no authority to either regulate the disposal of these special wastes, nor to provide for their disposal. This inability has led to a multitude of ? misunderstandings and confusion surrounding the question of special waste disposal on the peninsula. that is not a healthy situation for anyone concerned. It is our opinion that it to the responsibility of the local government to maintain some presence in the disposal or Z production of apZ kind of wastes within its jurisdiction. However, the aseumption of powers to enforce the Borough's wishes may create a large expense for the Borough as well ad for -the.' industries involved. It is our• hope that the• proposed organization will A•ilow, us a sufficient input into the disposal process so that regulations from the Borough will be unnecessary. I aloo would like to emphasize that we have no scheme which we are trying to force on the generators of these wastes. We would like to explain our position, have the DEC explain their'e, and then listen to the problems which the industry has. From such a conversation we hope that a workable plan can evolve which takes into account the environmental and aesthetic consideration, as well as the economic concerno of the generators. There is not now, nor can there be, any assurance that this 0 proposed approach will work. I sincerely hope that it will, and I truly believe that all parties concerned will be bettor served than by having the Borough become another layer of regulation for this industry. J i i i We hope you can take an afternoon to join us and we can all try to arrange a workable solution. Thank you, q4M.OA#t"4/ao4' Joe Arness, Chairman Waste Disposal Commission I" 141 0, �i UP&P National T �W for Hioric PWAMatiOn t f , 1786 MASSACHUSEM AVENM N.W. WASHINGTON, U.C. "036 (303)673.4319 June 6, 198,�1 gysl�� Honorable Tom Wagoner _1 vG City Hall t; t& Kenai, AK 99611 "More towns should get involved in saving N,� downtown... start promoting it, start `=`�b!'��� recognizing the great potential that still exists there." Jack Sebastian, President First State Bank of Farmington Farmington, Mo. Dear Mayor Wagoner: Communities the size of Kenai have a distinct advantage. When the time comes to revitalize their downtown business districts, they can turn for professional assistance and advice to the National Main Street Center. The Center was created in 1990 by the National Trust for Historic Preservation. Its purpose: to develop and disseminate a compre- hensive strategy for bringing Main Street back to life. The results have been impressive. in just three years the first 30 cities to use the Main Street approach generated 0146 million in investment downtowns 084 million in new construction and 064 million in rehabilitation projects. Their programs strengthened existing businesses and recruited new ones...pat vacant buildings to produc- tive use...attracted shoppers and visitors...and helped make Main Street once again a center of community life. As a public official you are well aware of the decline many downtowns have suffered in recent years. That decline can affect a city's economy, appearance and reputation, as well as its citizens' sense of pride. Since downtown mirrors the well-being of the community in all these ways, i am sure its revitalization has an important place in your economic development program. Television Crewe sent by the National Main Street Center into many of those first 30 cities found themselves creating a dramatic visual record of the revitalization process, capturing both the excitement and the Insights of the people who are making it happen. That visual record --the Center's Main street at work seriea of four videocassettes --is now available to you and your associates as a self- help tool, to aid and guide you and other community leaders in your own downtown revitalization campaign. By sharing with you the stories u - 2 - i OW" i of people who have brought their downtowns back to life, Main Street at Work shows you how to apply techniques like these to your improvement program: • Building on local resources in a cost-effective way • Establishing locally funded organizations to manage the revitalization process • Creating public -private partnerships for economic development projects • Updating the mix of goods and services, residential and recreational opportunities Each videocassette comes with a 60-page user guide containing valuable additional material: • Suggestions for showing the program to various community audio: • Workshop exorcises to help your team set up a program that wil: produce visible results within the first year • information on other resources for commercial revitalization • Background data on the National Main Street Center and on community projects featured in the cassette Most important, the process shown in the videocassettes and described in the user guides is flexible, enabling you and your associates to tailor a realistic program that meets the needs of your downtown. For an investment of only $95 for each videocassette/user guide package ($300 for the sot of four), you can lay the groundwork for a sucoessful revitalization program --one that avoids the trial-and-orror approach which cost so many communities millions of dollars in the past. Ploase read tho enclosed brochure about Main Street at Work. Then use the convenient form and postage -paid envelope to order your videoeaBaett' They can be the key to helping your downtown make a comeback. Sincerely, gaily �Q- vice President Programs and Services i .57 ► �- KENAI PENINSULA BOROUGH ' BOX e50 004DOTNA. ALABKA OOOeO ' C� PHONE 208 4441 THOMPSON t5 ` MAYOR `. •...dune 26, 1986 Mr. William J. Brighton, City Manager City of Kenai �a 210 Fidalgo • Kenai, AK 99611 Re: Kenai Peninsula Borough Landfill Inside the City of Kenai n Dear Mr. Brightoni p The Borough Administration has reviewed your letter of June 23rd pertaining to the landfill operation in the City of Kenai. We are pleased to see the City is interested in working out a reasonable compromise to extend pc the landfill solid waste use permit for an additional 18 months. In " reference to the five parameters set forth in the June 23rd letter, the Borough has the following comments: 1. We request the City issue a temporary use permit to allow the landfill expansion into the 300' x 1000' area shown in Attachment A. This • permit should be from the City of Kenai to the Kenai Peninsula Borough �1 and attached to this map. This information will be required to extend the DEC Waste Disposal Permit. ' 2. Acquisition of any new site referred to in this parameter should include obtaining ownership of the site, DEC approval, improving site access, and site development. Further, we acknowledge the city s .t ----- -- desire to limit the extension of the landfill solid waste use permit - —.- to an additional 18 months, and should the Borough be able to open a - -- new site to receive solid waste in less than 18 months, we will close the existing site as per your request in parameter 03. 3. We are to close the operation in the expansion area upon completion of the process to open the new site. 4. A copy of the DEC Waste Disposal Permit Application for the expansion area and operational plan will be given to the City of Kenai, which °,.. should satisfy this parameter. - -- 5. The Resource Planning Department and Public Works will work with the City of Kenai Planning 6 Zoning Commission and other entities to Ii _1 obtain an overall development plan for the entire landfill area. We = ri are very open to any suggestions you may have pertaining to this plan. 41. • •�-e'rr�ai 0 KPB Landfill Inside the City of Kenai June 26, 1986 Page 2 If you need any further information in relation to this matter, please contact me as soon as possible so we may complete the work needed to start the 18 month expansion of the landfill operation. Sincerely, �t,�srt Stan Thompson, Mayor Kenai Peninsula Borough KF/tn Attachment _ 0 ................,�.... .... »..�..... ._...... ......�.1........ ..�.... / ••11 • M. ' •• LI /'N/IlaI/ i ( /•, J // i/iii111111 '' .; •Yi/II/II//III/// � - L ' /' � / ;�////IIIIII/IIIIII/ / • i •IjIIIII'.I �. ' _ � _.._ a .:• ��, � 1 ,,� ` • i 1 i*-- ",• .: •� r�•'/�11 4 1 t1 r J t , ` / `. 1 9 ,. * 1 I r •ir ~ loll6'!p•�"�•.1 \ .... long" e. ii loeml Itt �r \ ��rl�twlw /M //: lttlM t r C pe •� : n , 71. 1 , �'' fNtMIM IIl . ' :�••1� Yt;l r: I, ' �'%r�.,r�i1 tntN M '��•1 �4WN 'fallen 1 •N t •'may.� .,'. 11,?ifi�%' �! ••tM1M 1. 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A F -- 3 v r.. .n Register 97. April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 18,090 20 AAC 25.005 professional degree program student enrolled In any combination of courses, work experience, research, or special studies which the school considers full-time study in a graduate or profes- sional degree: (8) "new exchange student" means an eli- gible applicant for certification who applies be- fore the deadline set for the receipt of applica- tions for certification in the exchange program; (9) deleted 1/18/81; (10) "support fee" means the payment estab- lished by the WICHE compact, appropriated by the legislature, and transmitted from the com- mission through WICHE to the school on behalf of each exchange student enrolled; (11) "WICHE" means the Western Interstate Commission for Higher Education whose central office is in Boulder, Co.arado; (12) "participating school" means an ac- credited Institution or an institution with provi- sional accreditation which has agreed to receive students in eligible professional degree programs approved by the WICHE compact; (13) "resident" means a person who, except for brief intervals, military service, attendance at an educational or training Institution, or absences for good cause shown, has resided In Alaska. and has maintained his or her domicile In Alaska, for at least one year at the time of application for certification. (Eff. 1/18/81, Reg. 77; am 7124/85. Reg. 95) Authority: AS 14.44.025 AS 14.44.035 t.dltoes Note: 20 AAC 18.0900) was disapproved by the De- putment of Law under As 44.62.060(b)(1) and was deleted by the "Platlons attorney. CHAPTER 25. ALASKA OIL AND GAS CONSERVATION COMMISSION Edhoes Note: nh chapter Is bated on the former repulatlons of the Dividen of On and Gas Conservation formerly located In 11 AAC 22. Article 1. Drilling (20 AAC 25.005-20 AAC 2S.07Sr 2. Abandonment and Plugging (20 AAC 2S.IOS• 20 AAC 25.172) 3. Production Practices (20 AAC 25.200-20 AAC 2S.28S) 4. Reports (20 AAC 25.300-20 AAC 25.320) S. Enhanced Recovery (20 AAC 25.400-20 AAC 25.460) 6. General Provisions (20 AAC 2S.SOS-20 AAC 2S.570) ARTICLE 1. DRILLING Section OS. Permit to drill 10. Re-entry of a suspended well 15. Changes to drilling permit 20. Designation of operator 22Change of ownership R. Bonding 26. Claims 30. Casing and cementing 33. Primary well control: drilling fluid program and drilling fluid surface system 35. Secondary well control: blowout prevention equipment (BOPS) requirements 40. Well identification 45. (Repealed) 47. Reserve pits SO. Deviation SS. Drilling units and well spacing 61. Well site surveys 6S. Hydrogen sulfide 70. Records and reports 71. Geologic data and logs 72. Shutdown of well operations 73. Other wells in designated areas 20 AAC 25.005. PERMIT TO DRILL. (a) An �. application for a Permit to Drill (Form 10.400 20.38 I � i C r ,I .j. j 1 I } L: (3) a diagram and description of the BOP equipment to be used, as required by 20 AAC 2S.03S(a)(1), and the pressure information re- quired in 20 AAC 2S.035(d)(2); (4) a complete proposed casing and cement- ing program as required In 20 AAC 2S.030; (S) a diagram and description of the diverter system to be used as specified in 20 AAC (b), unless this requirement is waived by the commission; (6) a drilling fluid program, a schematic dia- gram and description of the drilling fluid system to be used, and the information required In 20 AAC 2S.033; (7) for exploratory and stratigraphic test wells, a tabulation setting out the depths of predicted overpressured strata as required by 20 AAC 2S.033(c); and (8) for exploratory and stratigraphic test wells, a seismic refraction or reflection analysis as required by 20 AAC 2S.06,1(a); Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.005 20 AAC 25.010 must be submitted to the commission, and approved, before drilling, redrilling, or deepen- ing the following types of wells: (1) exploratory; (2) development; (3) service; and (4) stratigraphic test. (b) An application for a Permit to Drill must be submitted to the commission, and approved, before the re-entry of an abandoned well. (c) The application for a Permit to Drill must be accompanied by the following: (1) a fee of S 100 payable to the State of Alaska. Department of Revenue; (2) a plat identifying the property and show- ing the coordinates of the proposed surface, top of the objective formation and bottom -hole location referenced to governmental section Imes; (g) Information must be submitted at the .0 of filing the application for a Permit to Drill regarding a bond, as required by 20 AAC 25.025. (h) if actual drilling operations are not com- menced within 24 months after issuance, the drilling permit expires. (I) A drilling permit is not valid at a location where the applicant does not have a right to drill for, produce, and remove oil and gas. U) A survey plat certified by a registered land surveyor showing the precise surface location must be submitted before the completion or abandonment of the well. Only the first well drilled from a fixed platform or a multiple• well site must have a certified survey. (Eff. 4/ 13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.090 20 AAC 2S,010. RE-ENTRY OF A SUS. PENDED WELL. (a) if a suspended well is to be re-entered to conduct completion operalfM the operator shall submit the form entl6d Application for Sundry Approvals (Form 20.39 (9) for offshore wells drilled from a reo'Vle bottom -founded, jack -up, or floating un ,, an analysis of seabed conditions as required by 20 AAC 25.061(b); and (10) a copy of the proposed drilling program (d) For a well that is to be intentionally de- viated, the requirements of 20 AAC 2S.050(b) must be met. i (e) Each hole drilled below the conductor casing, unless drilled solely to straighten the original hole, sidetrack junk, or correct j mechanical difficulties, Is a separate well re- quiring a Permit to Drill. To provide for con• tinuoas operation, the commission will verbally approve the permit to drill the separate well; however, an application for a Permit to Dri11 (Form 10.401) for the separate well must be submitteJ on the commission's next working day. (f) Each well must be identified by a name and number which is unique. OW ARDS, COMMISSIONS 20 AAC 25.010 20 AAC 2S.02S titled Application for Sundry Approvals (Form 10.403) to the commission for approval; the Form 10-403 filing must set out the current con- dition of the well and the proposed changes; in cases where prompt approval is needed, verbal approval may be requested from the commis- sion or its representative; if verbal approval is obtained, the name of the commission member or its representative who provided verbal ap- proval, and the date of the approval, must be included on the Form 10-403 submitted on the commission's next working day. (Eff. 4/ 13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.090 20 AAC 25.020. DESIGNATION OF OP- ERATOR. if an owner of a property wishes to relinquish the role of operator, or designate a now operator for the property, the owner shall submit to the commission for approval a Desig- nation of Operator (Form 10.411). The newly designated operator must signify acceptance of the obligations as operator on the some Form 10.411 and must furnish a bond as provided for in 20 AAC 25.025. The commission's ac- ceptance of the designated operator's bond constitutes the release of the owner's or former operator's bonding obligation for the property indicated on the Forni 10.411. (Eft. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.022. CHANGE OF OWNER- SHIP. A person who Is the operator of a prop- erty on which operations subject to this chapter have been proposed to the commission or we being conducted, shall file a Notice of Change of Ownership (Form 10.417) within IS days after conveyance, each time that an owner or landowner, as defined by AS 31.OS.170, convoys all or a partial Interest In the property to another person. !Elf. 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 23.023. BONDING. (a) The commis• sion will require from the operator an appro- priate bond and the filing of Bond (Form 10.402) to ensure that each well is operated. maintained, repuired, and abandoned In accord- ance with this chapter. 20.40 (b) Tito bond required In (a) of this section Register 97, April 1986 MISCELLANEOUS BO 10.403) for commission approval. The Form 0.403 filing must sot out the curront condl- ton of the well and the proposed program for completion operations. (b) If a suspended well Is to be re-onterod to conduct actual drilling operations, the operator shall submit the form entitled Permit to Drill (Form 10.401) for commission approval in con- formanco with 20 AAC 25.005. (c) Tito operator shall file with the commis- sion within 30 days after completion, abandon- ment, or suspension of the well a Well Comple- tion or Reeompletion Report (Form 10.407) and all information required by 20 AAC 25.070 and 20 AAC 25.071. (Eff. 4/ 13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.090 20 AAC 25.013. CHANGES TO DRILLING PERMIT. (a) For a proposed change in a drilling permit or a filing required for a drilling permit by 20 AAC 25.005(c) before the start of actual drilling operations, an operator 0 0) shall notify the commission of the pro- posed change; (2) shall submit a now application for a Permit to Drill (Form 10.401) is required; how- ever no additional fee Is required; (3) shall file a revised plat as described In 20 AAC 25.005(c)(2) if the surface location is changed; and (4) must obtain the approval of the commis- sion. (b) For a proposed change in a drilling permit or a filing required for the drilling permit by 20 AAC 25.005(c) after actual drilling operations havo started, an operator shall (1) to change the bottom -hole location, sub- mit a now Permit to Drill (Form 10-401) application, In accordance with 20 AAC 2S.0S0(b), accompanied by a fee of S100, to the commission for approval: end r`1(2) for other changes, submit the form on- ti C r� C. U f s 3 21 . ir�n•ilkifr_ q, ' Register 97, April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 20 AAC 25.025 20 AAC 25.030 C must be either a single -well bond of not less than S100,000, or a blanket bond of not less than S200,000, in favor of the Alaska Oil and Gas Conservation Commission. (c) The bond must be by a (1) corporate surety authorized to do business in Alaska; or (2) certificate of deposit issued in sole favor of the Alaska Oil and Gas Conservation Commis- sion from a bank authorized to do business in C Alaska; a certificate of deposit may not be rolled over without prior commission approval. (d) A bond must remain in effect until the abandonment of all wells covered by the bond and final clearance of well sites are approved by the commission. The bond then will be released by the commission upon written request of the operator. (Eff. 4/13/80, Reg. 74; am 4/2/86. Reg. 97) Authority: AS 31.05.030 20 AAC 25.026. CLAIMS. Commission ap- proval of the abandonment of a well and the release of the bond, required by sec. 25 of this chapter, constitutes a presumption of proper abandonment, but does not relieve an operator of further claim by the commission after the abandonment. (Eff. 4/13/80, Reg. 74) Authority: AS 31.0S.030 20 AAC 25.030. CASING AND CEMENT- ING. (a) For each type of well listed in 20 AAC 25.005(a), a complete proposed casing and cementing program must be submitted on the application for the Permit to Drill (Form C 10.401). Unless modified or altered by special pool rules, each casing program must be do- slgned to (1) provide suitable and safe operating con- ditions for the total measured depth proposed; (2) confine fluids to the well bore; (3) prevent migration of fluids from one stratum to another; (4) assure control of well pressures on. countered. (5) protect from thaw subsidence and fre• back effects within permafrost; (6) prevent contamination of freshwater; and (7) provide well control until the next casing is set; all pertinent factors for well control should be considered, including formation frac- ture gradients, formation pressures, casing setting depths. and proposed total depth. (b) The following requirements apply to all offshore wells drilled from a mobile bottom - founded, jack -up, or floating drilling unit. (1) structural casing must be set by driving, jetting, or drilling to a minimum depth of 100 feet below the mud line. (2) conductor casing must be set at least 300 feet, but not more than 1000 feet, below the mud line; the casing must be cemented with a quantity of cement sufficient to fill the annular space up to the mud line or to the top of the casing when the blowout prevention stack is placed in an excavation or glory hole. Cement fill must be verified by observation or q")r means approved by the commission. UVOn approval of the commission, cement may be washed out to a depth not exceeding the depth of the structural casing shoo, to facilitate casing removal upon well abandonment. (3) after drilling no more than 10 feet of new formation, a pressure test must be obtained by testing to formation look -off to old in deter- mining a formation fracture gradient. The results of this test and any subsequent tests of the formation must be recorded os required by 20 AAC 25.070(a)(1). (4) surface casing and subsequent casing must be sot and cemented in accordance with (d)(2), (3), (4), and (5) of this section. (c) The following requirements apply to all beach or offshore wells drilled from a fixed structure, an artificially constructed gravel Island, or a historically shifting natural island. (1) structural casing must be set by driving, jetting, or drilling to a minimum depth of 100 feet below the mud line datum. The niud " 20.41 F Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.030 datum is the depth of the mud line as It Ing water and below the base of perma- ccurred before construction of a structure from frost, at a depth that will Insure good anchor - which to drill. The mud line datum for a beach age to prevent blowouts or uncontrolled flow. well is the plane of mean low water depth ex- tended beneath the well site. The mud line (B) the casing must be set Into a com- datum for a 'shifting natural island is the depth petent stratum and cemented with sufficient at which a horizontal plane constructed through cement in the annulus to circulate to the sur- the toe of the island slope intersects the well face. If cement does not circulate to the sur- bore. face, the open annulus must be cemented to the surface before drilling ahead. if the well (2) conductor casing must be set at least 300 is offshore or on a beach. sufficient cement feet. but not more than 1000 feet, below the must be used to bring the top of the cement mud line. and cemented with a quantity of to the Ng grade; however, if drilling is from a cement to fill the annular space up to the sur- mobile bottom -founded, jack -up, or floating face or rig grade. Cement fill must be verified vessel, the top of the cement must be brought by observation of cement return. Upon approval to the mudline. Cement fill must be verified of the commission. the cement may be washed by observation or other means approved by out to a depth not exceeding the depth of the the commission. Cement may be washed out structural casing shoo to facilitate casing removal to a depth not exceeding 100 feet above the upon well abandonment. conductor casing shoo for beach or offshore wells, to facilitate casing removal upon well (3) after drilling no more than 10 feet of now abandonment. formation. a pressure test must be obtained by testing to formation leak -off to aid in deter- (C) the surface casing must be tested in mining d formation fracture gradient. The results accordance with (g) of this section and ro- of this test and any subsequent test of the corded as required by 20 AAC 25.070(a)(1). ormation must be recorded as required by 20 AC 2S.070(a)(1). (D) after drilling no more than 10 feet of now formation, a pressure test must be ob- (4) surface casing and subsequent casing must tained by testing either to formation leak -off be set and cemented In accordance with (d)(2), or to a predetermined equivalent mud weight (3),(4), and (S) of this section. to aid in determining a formation fracture gradient. The results of this test and any (d) Tito following requirements apply to all subsequent tests of the formation must be onshore wells and wells drilled offshore from recorded as required by 20 AAC 2S.070 historically stable islands. (a)(1). (1) Conductor casing. (3) intermediate casing. (A) the casing must be set at a depth (A) the casing must be set and cemented sufficient to provide anchorage for a divorter when required to maintain primary well system. control. (13) the casing must be set by drilling. (B) under normal conditions drilling may driving. or jotting. If the hole Is drilled. continue until the mud weight has been in. sufficient cement must be used to fill the creased to a point not exceeding 0.5 pounds annular space to the surface. per gallon lass than the equivalent mud weight of the most recent pressure lost of the (2) Surface casing. formation below the surface casing shoe. (A) setting depth must be below the base (C) a sufficient quantity of cement must of all waterbearing strata known or reason• F bly expected to serve as a source of drink- if. �.. 20-42 - - . .. . -.1 .I �11 � h I' � •l p , t C c In- Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS be used to provide annular fill -tip to a minimum of 500 feet above all significant hydrocarbon zones and abnormal pressure intervals; in cases where zonal coverage is not required, a minimum fill up of 500 feet of cement above the casing shoe is required. (D) if freshwater sands are encountered below the shoo of the surface casing, the casing must be cemented in a manner that is satisfactory to the commission, and that will ensure that no uovement of fluids will occur into sources of freshwater. (E) casing must be tested in accordance with (g) of this section and recorded as re- quired by 20 AAC 25.070(a)(1). (F) after drilling no more than 10 feet of new formation, a pressure test must be ob- tained by testing either to formation leak - off or to a predetermined equivalent mud weight, to aid in determining a formation fracture gradient. The results of this test, and any subsequent tests of the formation, must be recorded as required by 20 AAC 25.070 (a)(l ). (4) Production casing. (A) the casing may be set and cemented through, into or Just above the production interval. (B) cementing practices must be the same as that for intermediate casing in accordance with (3)(C) and (D) of this subsection. (C) casing must be tested in accordance with (g) of this section and recorded as re- quired by 20 AAC 25.070(a)(1). (5) Liners. , 20 AAC 2S.030 (C) before drilling ahead, a canned liner and lap must be tested, in accot� ice with (g) of this section, to determine that a f seal between the liner top and next larger casing has been achieved. The test must be recorded as required by 20 AAC 25.070 (a)(1). (D) if a cemented liner is drilled through. a pressure test must be obtained after drilling no more than 10 feet of new formation by testing to formation leak -off or to a pre- determined equivalent mud weight, to aid in determining a formation fracture gradient. The results of this test, and any subsequent test of the formation, must be recorded as re- quired by 20 AAC 25.070(a)(1). (e) With the exception of conductor casing, in casing required by (d) of this section, cement must not be drilled until a minimum compres- sive strength of 300 psig at bottom -hole Bondi- ; tions has been attained according to the manu- facturer's cement strength tables for the z particular cement being used. I (0 Within permafrost intervals, fluids(T'at have a freezing point above the minimum pettha- frost temperature must not be left in annuli or inside the casing upon completion, suspension, or shutdown of well operations without commis, sion approval. (g) Pressure Testing of Casing and Casing Surveys. (1) with the exception of structural and con• ductor casing, before drilling out the casing or liner after cementing, all casing, liners, and liner laps must be tested to a surface ptissure of 1500 psig, or 0.25 psi/ft multiplied by the true vertical depth of the casing shoe, which- ever is greater; however, surface pressure must not subject the casing to a hoop stress that will (A) liners may be set and cemented as an exceed 70 percent of the minimum yield extension of intermediate or production strength of the casing. If the pressure declines casing or hung through the productive interval more than 10 percent in 30 minutes, or if there from production casing. are indications of Improper cementing, such as lost returns, cement channeling, or mechanical (B) a cemented liner must have a mini- failure of equipment. corrective measures must mum of 100 foot of cemented lap within the be taken. next larger casing. Other cementing practices must be the some as that for intermediate (2) when, in the commission's disarm, casing, casing is subjected to prolonged actual dr ino 20.43 L M1 � a Register 97, April 1986 MISCELLANEOUS B operations the casing must be pressure tested, 1-1alipered or otherwise evaluated by a method pproved by the commission. (3) for injection wells, a cement bond log must be obtained following the primary cement- ing of all casing that is 9-S/8 inches or less in diameter. and sufficient notice of pressure tests required by (1) of this subsection must be given, so that a representative of the commission may witness the test. (h) Upon request of the operator, the commis- sion will. in its discretion, approve variances from the requirements of this section to allow for specini or unusual conditions. (Eff. 4/13/80, Reg. 74: am 4/2/86, Reg. 97) Authority: AS 31.OS.030 20 AAC 2S.033. PRIMARY WELL CON- TROL: DRILLING FLUID PROGRAM AND DRILLING FLUID SURFACE SYSTEM. (a) For each type of well listed in 20 AAC 2S.00S (a). a proposed drilling fluid program and a schematic diagram with a list of equipment for a drilling fluid system designed to prevent the loss f primary well control must be submitted with application for the Permit to Drill (Form 01). Unless modified or amended by pool rules adopted in accordance with 20 AAC 25.S20, each drOling fluid program and drilling fluid system must be designed to provide and maintain (1) a drilling fluid of sufficient density to overbalance the pressure of formations pene- trated and compensate for static pressure reduc- tion upon withdrawal of drilling assembly from the well bore; (2) a drilling fluid of gel strength sufficiently low to mitigate a bottom -hole static pressure surge upon running drilling assembly Into the well bore; (3) a drilling fluid with as low a viscosity as Practical to enhance the drop out of solids and the escape of any entrained gas; and (4) a drilling fluid system with a volumetric capacity for drilling fluid reserves appropriate for the volume of the well bore. OARDS. COMMISSIONS 20 AAC 2S.030 20 AAC 2S.033 (b) The drilling fluid system must be equipped with (1) an operable degasser to be maintained for use through the drilling and completion of the well. (2) equipment appropriate for drilling fluid solids control; (3) a shaker screen sized appropriately; (4) a recording drilling fluid pit level indi- cator with both visual and audio warning devices located in the immediate area of the driller's console; (S) a drilling fluid measuring system or trip tank for accurately determining drilling fluid volumes required to fill the well bore on trips; (6) a drilling fluid flow sensor with a read- out convenient to the drilices console to deter- mine that drilling fluid returns essentially equal drilling fluid pump discharge rates; and (7) drilling fluid agitators of sufficient number and size to ensure that uniform drilling fluid properties are maintained within the sys- tem. (c) Drilling fluid testing equipment must be on the drill site at all times. Tests to determine drill. ing fluid properties must be performed once each tour, or more frequently when conditions warrant.Tests must be conducted In conform. ance with American Petroleum Institute recom• mended practices (API RP) 13 B, "Recom- mended Practice for Standard Procedure for Testing Drilling Fluids," and recorded as re. quired by 20 AAC 23.070(a)(1). (d) To ensure that primary well control is being effectively maintained, the following prac. tices must be employed before tripping the drill- ing assembly out of the well bore. (1) the drilling fluid within the well bore must be in balance and conditioned to maintain drilling fluid properties within close tolerance to the properties necessary for well control. 2044 u Ali C. i , Is I s• �r . t T ; R` i -�s S. c Register 97, April 1986 MISCELLANEOUS BO (2) the flow nipple must be visually observed to ensure that there is no Indication of forma- tion fluid influx. (3) the well bore must be kept full of drilling fluid at all times. The volumes of drilling fluid required to keep the well bore full while tripping the drilling assembly out of the well bore must be measured and recorded on the daily drilling report. (e) Additional requirements that apply to all exploratory and straitigraphic test wells only are as follows. (1) if geophysical data are available, a velocity analysis of the strata to be penetrated by the well must be undertaken to predict the potential of encountering overpressured strata. The analysis must be disp!ayed as an interval transit time versus depth plot. The operator shall Include with the application for the Permit to Drill (Form 10.401) a tabulation that sets out the depths of predicted overpressured strata. The commission will, in its discretion, require a confidential review of the velocity analysis and the interval transit time versus depth plot. (2) a drilling fluid monitoring unit must be employed and continually manned. At a mini- mum, the following equipment for monitoring and recording must be operational: (A) equipment for detecting gas en- trained in the drilling fluid, (B) equipment for determin!ng drilling fluid density, (C) equipment for determining drilling fluid salinity, (D) equipment for determining shale chip density, (E) equipment for determining the rate of penetration, and (F) equipment for detecting hydrogen sulfide as required by 20 AAC 25.065. (3) means for communication between the drilling fluid monitoring unit and the rig Is ARDS, COMMISSIONS 20 AAC 25.033 20 AAC 25.035 floor must be installed. Rig floor pernlel must be notified immediately when excursions from normal trends occur for each of the parameters set out in (2) of this subsection. (f) A drilling fluid return sample must be taken and tested to determine density and salinity Just before tripping the drill pipe, when drillingg exploratory and stratigrapt;ic: yells. or when drilling development and service wells while known hydrocarbon -bearing strata are ex- posed to open hole. Density and salinity test results must be recorded as required by 20 AAC 25.070(a)(1). If the density is less or the salinity varies with that of the drilling fluid being pumped down the drilling assembly, the drilling fluid must be circulated and conditioned until a close tolerance of the properties of the return drilling fluid with the Input drilling fluid is achieved. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 Editor's Note: A copy of as American Petroleum Institute Recommended Practices (API RP) referred to in this chapter, is available for Inspection during business hours at the cp^-�rls- slop office. Copies of these recommended ptaotieas mayf, )b- tainod, for a monetary consideration, from the American Petro- leum Institute, Publications and Dbttibution Station, 1220 L Street, Northwest, Washington, D.C. 20003. 20 AAC 2S.035. SECONDARY WELL CON- TROL: BLOWOUT PREVENTION EQUIP- MENT (DOPE) REQUIREMENTS. (a) General DOPE Requirements for the drilling of a well. (1) for each type of well listed in 20 AAC 25,005(a), a schematic diagram of the blowout preventer (BOP) stack for each proposed casing Installation must be submitted with the applica- tion for the Permit to Drill (Form 10.401). BOP and related well -control equipment must be in- stalled, used, maintained, and tested in a manner necessary to assure well control, and to, at a minimum, conform with API RP 53, "Recom- mended Practice for Blowout Prevention Sys- tems." (2) the working pressure of a BOP must ex- ceed the anticipated surface pressure to which it may be subjected, except that the working pres- sure of the annular preventer need not ox eed 5000 psi unless a higher working press )is required by the commission. If the onticip ed 20-45 i Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.035 Ire rface presure exceeds the rated working pres- tre of the annular proventer. the operator shall submit with the application for Permit to Drill (Form 10.401) a well -control procedure that Indicates how the annular preventer will be used and the pressure limitations that will be applied during each mode of pressure control. (3) a BODE assembly must include the following: (A) a hydraulic actuating system that provides sufficient accumulator capacity to supply 1.5 times the volume necessary to close all BOPs. excepting blind units; the sys. tem must also be capable of maintaining a minimum pressure of 200 psi above the required precharge pressure when all BOPS, excepting blind units. are closed and all power sources are shut off; an accumulator backup system, supplied by an independent nitrogen power source, must be provided with suffi- cient capacity to close all BOPS and hold them -closed-, locking devices must be pro- vided on the ram -type prevcnters; the method of BOP actuation control. such as hydraulic, Oacoustic, or other methods, must be de- scribed and included in the application for Permit to Drill (Form 10.401); accumulators and primary controls must be shielded by a fire wall; (B) one operable remote DOPE control station on the drilling floor; (C) a drilling spool with flanged or hubbed side outlets, if flanged or hubbed side outlets are not provided In the BOP body, to provide for separate kill and choke lines; (D) a kill line equipped with two kill line valves; the master valve must be adjacont to the drilling spool; the master valve may not normally be used for opening or closing on flowing fluid; the second valve must be adjacent to the master valve and must be used as the control valve; (E) a flllup line above the uppermost BOP; o(F) a choke manifold; a choke manifold tilized with a required SM. I OM or ISM BOP must be equipped with at least one re- motely operated choke. in addition to all other required chokes; (G) valves, pipes. flexible steel hoses, and other fittings, including all sections of the choke manifold which are subject to full wellhead pressure, with working pressure ratings at least equal to the working pressure of the BOP required to be installed; (H) a wellhead assembly with a working pressure at least equal to the working pressure of the BOP required to be installed; (1) blind/shear rams in place of blind rams in the case of an offshore subsea BOPE assembly; and (J) a kill line and choke line must be (1) as straight as practical; all turns must be at 90 degrees and targeted; (11) firmly anchored to prevent excess whip or vibration: (111) sufficiently sized to prevent exces- sive erosion or fluid friction; and (iv) without internally clamped Joints, unless approved by the commission. (4) Auxiliary equipment. The following Auxiliary equipment must be provided and main- tained in operable condition at all times: (A) a kelly cock valve installed below the swivel and an essentially full -opening lower kelly valve of a design that allows it to be run through BOP's Installed at the bottom of the kelly; a properly sized wrench for each valve stored in a conspicuous location readily acces- sible to the drilling crew; (B) an inside DOP and an essentially full. opening drilling assembly safety valve in the open position on the rig floor to fit all con- nections that are in the drilling assembly; (C) an automatic choke controller for each remotely operated choke; and 2046 f Cr e L e L 0. - C C C a Register 97, April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 20 AAC 2S.035 (D) a hydraulically operated valve in- stalled in the choke line at the BOP stack and actuated by remote control. (5) all equipment must be in good operating condition at all times and must be protected to insure reliable operation under the range of wea- ther conditions that may be encountered at the well sire. (6) blind rams must be function sted each trip, but need not be function -tested ►nore thun once each day on days when more than one trip Is made. All other BOPs must be function -tested each day. (7) testing of HOPE. (A) all ram -type BOPs, kelly valves, emer- gency valves and choke manifolds must be tested to the rated working pressure or to the maximum surface pressure as required to be submitted in (d)(2) of this section. Annular preventers must be tested to not less than 50 percent of the rated working pressure. These tests must be made when the HOPE is Installed or changed, and at least once each week after that. Test results must be recorded as part of the daily record required by 20 AAC 25.070(u)(1). (B) to insure that minimum standards are achieved, the operator shall perform the recommended tests for BOP closing units specified in sections SA and 513 of API RP 53. (C) sufficient notice of certain DOPE tests must be given so that a representative of the commission may witness the tests. These tests will be specified in the drilling permit or by notice to the operator. (b) Structural Casing HOPE Requirements. (1) before drilling below the structural casing, a high capacity flow diverter system must be installed to provide safety for personnel and equipment. The flow diverter system must be equipped with a remotely operated annular pack -off device and only one 10-inch minimum diameter vent line outlet located below the annular pack -off, either as an integral part of the annular pack -off device or as a vent line let spool Immediately below. The vent line valve i must be full -opening. The actuating mechanism for the vent line valve must be integrated with the actuating mechanism for the annular pack - off device in a fail-safe manner so that the vent line valve will automatically, and simultane- ously, open upon closure of the annular pack - off device to prevent the shut-off of a well bore flow. The 10-inch minimum diameter vent line must bifurcate in directions that ensure safe downwind venting, and the bifurcated sections of the vent line must extend to a point at least 100 feet removed from a potential source of ignition. The vent line must be designed to avoid freezeup, and be secured to prevent movement, and all turns must be at 90 degrees and targeted. Valves or deflection devices for the selection of a bifurcated vent line section must be designed to ensure in a fail-safe manner that one of the bifurcated vent line sections is always open. All valves or deflector devices must be full -opening or full -flow capability. A schematic diagram, list of equipment with specifications, and opera- tional procedure for the diverter system must be submitted for approval with the application a Permit to Drill (Form 10.401). Upon fequust of the operator, the commission will, in its dis- cretion, approve variances to the required equip- ment and design of the diverter system. (2) if formation competency at the structural casing setting depth is not adequate to permit circulation of drilling fluids while drilling the conductor hole, a program that provides for safety in these operations must be described and submitted to the commission for approval. This program must be supported by the inclusion of all known pertinent information including seismic and geologic data, water depth, drilling fluid hydrostatic pressure, and a contingency plan for moving off location. (3) the commission will. in its discretion, waive the requirements of (1) of this subsection if drilling experience in the near vicinity Indi• cates a diverter system is not necessary. (c) Conductor Casing HOPE Requirements. (1) before drilling below conductor casin high capacity flow diverter system mast bet stalled to provide safety for personnel and 2047 I Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS equipment. The flow diverter system must con. ( form to the requirements set out in (b)(1) of this section. A schematic diagram. list of equip. ment with specifications. and operational procedure for the diverter system must be sub- mitted for approval with the application for a Permit to Drill (Form 10.401). (2) the commission will. in its discretion, waive the requirements of (1) of this subsection if drilling experience in the near vicinity indi- cates a diverter system is not necessary. (d) Surface. Intermediate and Production Casing BODE Requirements. (1) before drilling below or perforating these casings. and until well operation is completed, the requirements set out in (a) of this section must be met. Stack arrangements for the re- quired BOP working pressure must be as follows: (A) if required. API 2M and 3M stacks must have at least three preventers, including one equipped with pipe rams that fit the size 0 of drill pipe, tubing, or casing in use, one with blind rams and one annular type. (B) if required, API Sal, ION, and ISM stacks must have at least four preventers, Including two equipped with pipe rams that fit the size of the drill pipe, tubing, or casing being used. one with blind rams and one annular type, (2) Information submitted with the applica- tion for Permit to Drill (Form 10.401) must Include the maximum downhole pressures that may be encountered, the maximum potential surface pressures, and the criteria used to deter- mine these pressures. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.040. WELL IDENTIFICATION. (a) Every well must be Identified by a sign posted In a conspicuous place. During the period of time Prom spud to well completion, suspen- sion. or abandonment. the sign must be on or near the derrick. but not more than 100 feet from the well, For suspended or producible )oils. the well sign must be at the wellhead 20 AAC 25.035 20 AAC 25.047 or on the wellhead building. The sign must be of durable construction, large enough to be legible under normal conditions at a distance of 50 feet, and maintained in legible condition. Each sign must show 0) the name of the well; (2) the name of the owner; (3) the operator If different from the owner; (4) the well number; (S) the well surface location by quarter sec- tion, section, township and range; and (6) the drilling permit number during the period of time from spud to well completion, suspension, or abandonment. (b) Each well will be assigned an API well number by the commission when the drilling permit is approved. (c) For platforms or multiple -well drill sites, the information required in (a)(I), (2). (3), and (S) of this section may be posted on one sign on the platform or at the main entrance to the drill site. (Eff. 4/ 13/80, Reg. 74; am 4/2/86. Reg. 97) Authority: AS 31.05.030 20 AAC 25.045. SEALING OFF STRATA. Repealed 4/2/86. 20 AAC 25.047. RESERVE PITS. (a) Before spudding a well permitted under 20 AAC 2S.00S, a proper and appropriate reserve pit must be constructed, or appropriate tankage Installed for the reception and confinement of drilling fluids and cuttings, to facilitate the safety of the drilling operation, and to prevent contamination of ground water and damage to the surface environment. Special precautions must be taken to render impervious the confining surface of a reserve pit. If practical, confinement diking In construction of a reserve pit must be avoided. If confinement dikes are necessary, they must be kept to a minimum. Dikes must be constructed and maintained to Insure their confinement integilty. 20-48 .1 ,i C . C C. 'XI a . a 4 C R Register 97, April 1986 MISCELLANEOUS HOARDS, COMMISSIONS (b) Upon termination of completion, suspen- sion. or abandonment operations. the operator shall proceed with diligence to dispose of or solidify in place all pumpable fluids. and shall leave the reserve pit In a condition that does not constitute a hazard to ground water. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.050. DEVIATION. (a) A well that Is not Intentionally deviated must be (I) drilled as close to vertical as is possible using conventional drilling techniques, except that deviation is permitted for short intervals to straighten the hole, sidetrack Junk, or correct mechanical difficulties. (2) surveyed to determine the inclination from the vertical with surveys starting at S00 feet and no more than S00 feet apart to total depth;and (3) surveyed by a complete continuous direc- tional survey if the surface location is less than 660 feet from a lease line where ownership changes or less than 660 feet from any other vertical or deviated well; the survey must be taken at Intervals not more than 100 feet apart, beginning within 100 feet of the surface. (b) If a well is to be intentionally deviated, the application for a Permit to Drill (Form 10.401) must (I) include a plat, drawn to a suitable scale, showing the path of the proposed well bore in relation to all other vertical and deviated well bores; If well bores occur within 200 feet of the proposed well bore, plat those areas at a scale of one Inch equals 100 feet and include the true vertical depths shown at frequent intervals along each well bore; (2) list the affected owners and show that each has been furnished a copy of the applica- tion by registered mail. or state that the ap- plicant is the only affected owner; and (3) include a neat and accurate plat of the property and of all affected properties, showing the identity of the affected properties, the names of all affected owners, and all wells 20 AAC 25.047 20 AAC 25.050 within one-half mile of any portion of the(v well; the plat must be drawn to a scale that -will permit easy observation of all pertinent data. (c) The Items listed in (b)(2) and (3) are not applicable to a well drilled on land subject to an approved unit and located 660 feet or more from the exterior boundary of the unit. (d) If there are no affected owners. the com- mission will promptly approve the Permit to Drill (Form 10.401) submitted under (b) of this section. If there are affected owners. the com- mission will (1) hold the application for IS days, and will then promptly issue a Permit to Drill if no objections have been received from affected owners; or (2) issue a Permit to Drill before the end of the 1 S-day period if a letter of non -objection is received from each affected owner befoto the end of that period; or (3) schedule a public hearing in accord , -- with 20 AAC 2S.S40 if an affected owner= Jeets within the 15-day period and issue an order governing the application within 30 days follow- ing the close of the public hearing. (e) If a well Is intentionally deviated, the op- erator shall run a complete, continuous. direc- tional survey at intervals not more than 100 feet apart, beginning within 100 feet of the surface. (1) Within 30 days after the completion, aban- donment, or suspension of a well. a complete copy of each Inclination and directional survey obtained must be filed with the commission. A composite survey may also be filed if the operator feels this would better represent the well course. If a composite survey is filed, the operator shall specify the portion of each survey used in the composite. (8) If tite final location of the producing inter- val of a well is not in compliance with 20 AAC 2S,OSS or other rules of the commission ap- plicable to the reservoir. the operator shall apply for an exception; tite application will be handled in accordance with 20 AAC 25.540. ( J 20.49 M � 4 Register 97, April 1986 MISCELLANEOUS HOARDS, COMMISSIONS f l (h) For the purpose of this section, an affected l -/owner is an owner of a quarter section directly or diagonally offsetting any quarter section upon which the operation is proposed to be con- ducted. In areas where irregular -shaped prop. erties are to be drilled, the commission will determine who is an affected owner. (1) A directional survey report, required by (a)(3) or (e) of this section, must contain the following: (1) name of surveying company; (2) name. title, and signature of person actually performing the survey; (3) the date on which the survey was per- formed; (4) type of survey conducted; (5) method used in calculating survey; (6) a complete identification of the well so as to indicate the name of the operator, the property name, the well number, and field name; (7) the depth Interval over which the survey was conducted: and (8) a plat showing the surface location, the plotted well course, and the nearest property lines or unit lines. 0) An Inclination survey report, required by (a)(2) of this section, must contain a tabulation of the depth and drift angles for all Inclina- tion survey points. (k) The commission will, in its discretion, re- quire the submittal of the original film, time sheets, charts, graphs, discs, and other data used to compile the survey required by (a)(3) or (e) of this section. (1) Upon application, the commission will. In its discretion. waive all or part of the directional survey requirements of this section. or approve alternate means for determining the location 0f a bore hole. (Eff. 4/ 13/80, Rcg. 74; am /2/86, Reg. 97) Authority: AS 31.05.030 204 20 AAC 25.oso 20 AAC 25.0S5 20 AAC 2S.OSS. DRILLING UNITS AND WELL SPACING. (a) In proven oil and gas fields, the establishment of drilling units and a spacing pattern may be governed by special pool rules adopted in accordance with 20 AAC 25.520. In the absence of an order by the commission establishing drilling units or pre- scribing a spacing pattern for a pool, the follow- ing apply: (1) a governmental quarter section con- stitutes the drilling unit for oil exploration; the surface location for a well exploring for oil must be at least 500 feet from the drilling unit bound- ary; (2) a governmental section constitutes the drilling unit for gas exploration; the surface loca- tion for a well exploring for gas must be at least 1500 feet from the drilling unit boundary; (3) where oil has been discovered, not more than one well may be drilled to that pool on any governmental quarter section, nor may any oil pool be opened to the well bore closet than 500 feet to any quarter section lino, nor closer than 1,000 feet to any well drilling to or capable of producing from the some pool; and (4) where gas has been discovered, not more than one well may be drilled to that pool on any governmental section, nor may any gas pool be opened to the well bore closer than 1,500 feet to any section line, nor closer than 3,000 feet to any well drilling to or capable of producing from the same pool. (b) An application for exception to the provi. sions of this section must set out the names of all owners and of all operators of governmental quarter sections directly and diagonally off• setting the quarter section where the oil well is located, or the names of all owners and of all operators of governmental sections directly or diagonally offsetting the section where the gas well is located. A plat mast be attached, drawn to a scale of one Inch equaling 2.640 feet or larger, showing the location of the well fot which the exception Is sought, all other com- pleted and drilling wells on the property, and all adjoining properties and wells. The applica- tion must be verified by a person acquainted with the facts. stating that all facts are true and r C i 1-4 4 i . I .I j 1u r � 1 :1 C C Register 97. April 1986 MISCELLANEOUS HOARDS. COMMISSIONS 20 AAC 25.055 20 AAC 25.065 that the plat correctly portrays pertinent and required data. The applicant for exception must send notice of the application by registered mail to all owners and to all operators noted above, and furnish the commission with a copy of the notice, date of mailing, and the addresses to which the notices were sent. Tito application for exception will be handled in accordance with 20 AAC 2S.540. (c) A well may not be re-entered for the pur- pose of producing oil on a property that is smaller than the governmental quarter section upon which the well is located or for the purpose of producing gas on a property that is smaller than the governmental section upon which the well is located. (d) if two or more separately owned prop- erties are embraced within a governmental quarter section to be drilled, or a well re-entered for oil, or a governmental section to be drilled, or a well re-entered for gas, persons owning the oil or gas rights may voluntarily pool their separate interests to form a drilling unit. A copy of the pooling agreement must be submitted to the commission. If one or more persons owning oil and gas rights fail to voluntarily pool their interests, the commission, upon petition or its own motion, and after public hearing, will, in Its discretion, issue an order pooling the owner's interests for the development of their land as a drilling unit. (Eff, 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.100 20 AAC 25.061. WELL SITE SURVEYS. (a) Near surface strata to a depth of 2000 feet in the well site area for all exploratory and strati - graphic test wells must be evaluated seismically by common depth point refraction or reflection profile analysis to identify anomalous velocity variations Indicative of potential shallow gas sources. Analysis results must be included with the application for the Permit to Drill (Form 10.401). (b) The well site area must be evaluated by sidescan sonar and other pertinent surveys to determine whether potential seabed hazards to drilling operations are present for each type of well listed in 20 AAC 25.005 to be drilled offshore from a mobile bottom -founded, jack, or floating unit. Survey results must be included with the application for Permit to Drill (Form 10.401). (c) Upon request by the operator, the commis- sion, In its discretion, will waive the require- ments of this section. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 2S.06S. HYDROGEN SULFIDE. (a) When hydrogen sulfide gas is encountered, the operator shall notify the commission within 24 hours. (b) If a well is to be drilled in an area where a formation to be penetrated is known to contain hydrogen sulfide gas, or if hydrogen sulfide Is encountered while drilling, each operator shall meet the requirements of API RP 49. "Recom- mended Practices for Safe Drilling of Wells Con- taining Hydrogen Sulfide." (c) If there is an insufficient history of drilli I in an area to know whether hydrogen gulf exists, the commission will specify on the dr IK Ing permit that the operator shall comply with the minimum requirements for detection monitoring, contingency and control, and training, as follows: 20-S I (1) detection monitoring (A) an automatic hydrogen sulfide monitor must be installed and must have a combination visual and audible alarm system located where it can be seen or heard from an parts of the location; (B) the automatic hydrogen sulfide monitor must have a minimum of two probes. one at the shale shaker and one on the bell nipple; and (C) in addition to the automatic hydrogen sulfide monitor, at least three manual detectors with an adequate supply of extra detector tubes must be available at the drill site; (2) contingency and control IN i Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS (A► hydrogen sulfide treating material for the drilling mud must be available on or near the location. in good condition and in suffi. cient quantity to adequately treat tite mud system should hydrogen sulfide be encoun- tered: (B) detailed emergency operating proce- dures must be defined and posted to ensure the safety of all personnel should hydrogen sulfide be encountered: (C) detailed step-by-step remedial proce- dures must be developed and posted to cover emergencies while drilling or tripping: and (D) personnel protective equipment must be available at the well site: (3) all drill site supervisors must be trained for emergency procedures in the presence of hydrogen sulfide. (d) if a well produces hydrogen sulfide gas, each operator shall meet the requirements of API RP SS "Recommended Practices for Con- 0 ducting Oil & Gas Production Operations In. volving Hydrogen Sulfide." (Eff. 4/ 13/80, Reg. 74, am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 2S.070. RECORDS AND REPORTS. (a) The operator of each well shall (1) keep a detailed accurate daily record of the actual drilling, completion, suspension and abandonment operations, and the tests required by this chapter, which must be available for Inspection at reasonable times by the commis• sion or a representative of the commission (A) at the well; and (B) in Alaska for five years after the date of well abandonment; and (2) file with the commission, within 30 days after completion, abandonment, or suspension Of tite well. a complete well record on the Well Completion or Recompletion Report and Log Worm 10.407). Including a copy of the daily reports of well operations and the tests required oy this chapter. 20 AAC 2S.065 20 AAC 2S.071 (b) For all completed exploratory wells, the operator shall submit to the commission a certi- fication that the well is capable of producing oil or gas. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.071. GEOLOGIC DATA AND LOGS. (a) An operator shall log the portion of the well below the conductor pipe by either a complete electrical log or a complete radio- activity log unless the commission specifies which type of log is to be run, (b) Within 30 days after completion, suspen- sion, or abandonment of a drilling well, the op- erator shall file with the commission (1) a sepia and a reproduced copy of a com- plete mud log or a lithology log consisting of a detailed record and description of the sequence of strata encountered, including kind and character of the rock and all shows of hydro- carbons; (2) a complete set of washed and dried, legibly -identified samples of all drill cuttings, as caught by the operator in accordance with good geological practices, consisting of a minimum of one -quarter cup in volume or three ounces in weight of cuttings for each sample interval; (3) a lithologic description of all cores and a chip or chips from each foot of recovered core: the chips must be representative of the one -foot Interval, and must be approximately either one cubic inch in volume or two ounces in weight; (4) a list of the geologic markers encountered In the well and the measured and true vertical depths of each marker; (S) a sepia and a reproduced copy of all logs nm in the well (including dipmeter and com- posite logs, if available), except velocity surveys and experimental logs; (6) if available, a tape and %eriflcation list- ing of the digitized data for all logs run in the well, except the dipmeter survey, including a written description of the logical and physical format of the digitized data; and 20.52 C C. i _L� C C Register 97, April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 20 AAC 25.071 20 AAC 25.105 (7) a copy of all drill stem test data and charts; core analysis determinations of porosity, permeability and fluid saturations: and forma- tion water analyses obtained by the operator; these data must be filed as soon as available If the 30-day filing period cannot be met. (c) The commission will, in its discretion, waive the requirements of (a), (b)(1), and (b)(2) of this -action for development wells. (d) In this section (1) "experimental logs" means logs that are so newly developed or so limited or specialized In application that they are not commonly run on petroleum exploration or development wells; and (2) "velocity survey" means a survey, the pri- mary purpose of which Is to determine velocity of seismic waves through formations penetrated by a well by measuring travel times of seismic pulses from or near the surface to a seismometer lowered to various depths in the well. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.035 20 AAC 25,072. SHUTDOWN OF WELL OP- ERATIONS. (a) If climate, operational or en- vironmental concerns, prudency, or other cir- cumstances prevent the continuation of the pro- gram approved on the drilling permit, or for rig substitution, the operator shall apply to the commission for approval to shut down well op- erations. The commission will, in its discretion, approve the shutdown of well operations. The letter of application must -set out a full justifica- tion for the shut down and be accompanied by an Application for Sundry Approvals (Form 10.403) which sots out the proposed condi- tion of the well bore upon shutdown of well op• orations, approximate date when wall opera• tions will resume, and a proposed program for securing the well during the period of shutdown. (b) The operator shall file with the com- mission, within 30 days after well shutdown, a complete well record on a Report of Sundry Well Operations (Form 10.404), Including a copy of the daily reports of well operations required by 20 AAC 25.070(a)(1) and a copy of all logs run in the well as required by 20 / 2S.071(b)(5). The commission will, in its',,,a cretion, waive the requirements of this subsec- tion if well operations are to be resumed within 60 days. (c) Shutdown of well operations does not establish a completion, suspension, or abandon- ment date for a well. (d) If well operations are not resumed Ithin 12 months, the operator shall immediately proceed to abandon the well. (Eff. 4/2/86, Reg. 97) Authority: AS 3 LOS.030 20 AAC 25.07S. OTHER WELLS IN DESIG- NATED AREAS. There are areas in the state where drilling operations could unexpectedly encounter oil, gas. or hazardous substances at shallow depths. When the commission obtains sufficient evidence to define a specific area and the approximate depth range of the substances, It will issue an order that will present the evi- dence, define the area, and stipulate a drilling depth. After the issuance of such an order, a well drilled In the defined area, for any pure that exceeds the stipulated depth will requ ie a drilling permit and may be subject to the other requirements of this chapter. (Eff. 4/13/80, Reg. 74) Authority: AS 31.05.030 ARTICLE 2. ABANDONMENT AND PLUGGING Section 105. Plugging, suspension. and abandonment of wells 110. Suspended wells 120. Well abandoment marker 140. Water wells 170. Onshore location clearance 172. Offshore location clearance 20 AAC 2S.105. PLUGGING, SUSPENSION. AND ABANDONMENT OF WELLS. (a) All wells that have been permitted on a property under 20 AAC 25.005 must be abandoned be. fore expiration of the operator's lease termina. tion rights to that property. If the operator Is the landowner, all wells that have been p-� mitted on a property by 20 AAC 25.005 n#.,,,/ 20.53 • Register 97, April 1996 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.105 obe abandoned within one year following cossa- tion of the operator's oil and gas activity within the field where the wells are located. (b) Each well drilled onshore or offshore from a fixed structure or historically stable island must be abandoned or suspended before removal of the drilling unit from the site unless completed as an oil, gas, or service well. (e) Each well drilled offshore from a mobile bottom -founded. Jack -up, or floating drilling unit must be abandoned before removal of the drilling unit from location unless completed as in oil, gas, or service well, or unless well opera- tions are shut down, in conformance with 20 AAC 25.072. and subsea equipment is installed In a manner approved by the commission. (d) Each well drilled from a beach or from an artificially constructed Island or a shifting na- turol island must be abandoned or suspended be- fore removal of the drilling unit from the site unless completed as an oil, gas, or service well, or unless well operations are shut down In con- formonce with 20 AAC 25.072 and plans for C�alntaining the integrity of the well site are pproved by the commission. (e) Each well to be abandoned or suspended must be plugged by the operator who is respon- sible for the well, to prevent the movement of fluid either Into or between freshwater and hydrocarbon sources and to prevent all other fluid migration within the well bore. If a well is to be abandoned or suspended, the form entitled Application for Sundry Approvals (Form 10.403) must be filed with, and approved by, the commission before beginning work. Approval will be conditioned as necessary to protect freshwater and hydrocarbon resources. Verbal approval may be obtained from the com- mission or its representative before beginning work. A verbal approval must be followed by the filing of Form 10.403 within 10 days. A Form 10.403 filing must Include (1) the reason for abandonment or suspen- sion; and (2) a statement of proposed work, including the following: N (A) information on porous and ab. normally geopressured strata; (B) the kind, size, and location. by mea- sured depth, of existing and proposed plugs. (C) plans for mudding. cementing, shoot- Ing, testing, and removing casing; (D) all other pertinent information; and (E) if the Form 10.403 is filed after beginning work, the name of the commission member or its representative who provided verbal approval, and the date of the approval. (f) Uncesed portions of a well bore must be plugged with cement in a manner that ensures that all hydrocarbons and freshwater are con- fined to their respective indigenous strata and are prevented from migrating Into other strata or to the surface. Minimum requirements for plugging the uncased portion of a well bore are as follows: (1) by the displacement method, a con- tinuous cement plug must be spaced to extend upward from 50 feet below the base to 100 feet above the top of all hydrocarbon -bearing strata; (2) by the displacement method, a con- tinuous cement plug must be spaced to extend upward from 100 feet below the base to SO feet above the base of abnormally goo -pressured strata and another continuous cement plug from SO feet below the top extending upward to 100 feet above the top of the abnormally goo• pressured strata; (3) by the -displacement method, a eontinu• ous cement plug must be spaced to extend from 1 SO feet below to SO feet above the base of the deepest freshwater strata. (g) Uncased and cased portions of the well bore must be effectively regregoted to prevent vertical movement of fluid within the well bore. The minimum plugging requirement Is as follows. (1) by the displacement method, a eontinu• ous cement plug must be spaced upward ex- tending from 100 feet below to 100 feet above the casing shoo; or 20.54 U •'i 't C Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS (2) by the downsqueeze method through a retainer set no less than SO feet and no more than 100 feet above the casing show, sufficient cement must be pumped through the retainer to extend from the retainer to 100 feet below the casing shoe: the retainer must be capped with a continuous SO foot cement plug; or (3) by the displacement method, a continu- ous cement plug must be spaced upward extend- ing from 100 feet below to 100 feet above the casing stub, (h) Cased portions of the well bore must be plugged with cement to ensure that all hydro- carbons and freshwater are confined to their respective indigenous strata and are prevented from migrating into other strata or to the surface. Minimum requirements for plugging cased portions of the well bore are as follows. (1) perforated intervals must be plugged by one of the following methods: (A) by the displacement method, con- tinuous cement plugs must be spaced extend- Ing from 100 feet below to 50 above the base of the perforated interval and extending from SO feet below to 100 feet above the top of the perforated interval; (B) by the down squeeze method, through a cement retainer or production packer set above the perforated interval with a volume of cement equivalent to fill the lineal feet of the well bore from the retainer or packer to 100 feet below the base of the perforated interval; (C) by placing a mechanical bridge plug no more than SO feet above the top of the perforated Interval and placing no less than a 7S-foot cement plug on top of the bridge plug providing the perforations are isolated from open hole below. (2) casing stubs within outer casing must be plugged by one of the following methods: (A) by the displacement method, a con- tinuous cement plug must be spaced extend- ing from 100 feet below the stub to 100 feet above the stub: 20 AAC 25.105 j (B) by the downsqueeze method, threv a retainer set SO feet above the stub w ►.. a volume of cement equivalent to fill 150 lineal feet squeezed below the retainer and with an additional SO lineal feet of cement plug placed above the retainer; (C) by placing a mechanical bridge plug no more than 25 feet above the casing stub and placing no less than a 75-foot cement plug on top of the bridge plug. (1) Surface plugs for wells to be abandoned must be as follows: (1) by the displacement method, a cement plug at least ISO feet in length with the top of the plug S feet or less below rig grade elevation upland or 15 feet or more below the mud Une offshore must be spaced within the smallest casing extending to the surface onshore or mud line offshore; and (2) all annular space in communication with open hole and extending to the surface upland or mud line offshore must be plugged with su i- cient cement to effectively seal the ann space in a manner satisfactory to the comm s- sion; or (3) all casing interior to the surface casing may be recovered to a depth of 165 feet or more below the rig grade elevation upland or the mud line offshore and the casing stubs pluggod with cement as detailed by (g) or if the top of the plug resulting from compliance with (g) or (h)(2) of this section will not permit a plug of 150 feet as required in (1) of this section, the cement plug required by (g) or (h)(2) must be increased to extend to S feet or less below rig grade elevation upland or IS foot or more below the mud line offshore. 0) Cements used for plugging within zones of permafrost must be designed to sot before freezing and have a low heat of hydration. (k) Intervals below and between plugs must be filled with a fluid of a density that equals or ex• coeds the fluid density used to drill that interval, unless otherwise approved by the commission. 20-3 S 0 I NM Register 97. April 1986 MISCELLANEOUS BOARDS, COMMISSIONS (1) The operator shall record the actual 0 location and Integrity of cement plugs required by this section after setting sufficient weight on the plug to confirm its location, that the cement has set, and that a competent plug is in place. When a mechanical bridge plug is capped with cement and pressure tested for plug integrity, the operator shall record the location of the bridge plug and not the top of the cement. Notice of the plugging operations must be given to the commission in time so that a representa- tive of the commission may be present to witness the work. (m) Upon a proper showing of extenuating circumstances, the commission will, In its discrction, approve a variance from the requirements of this section, if the variance equally effects proper plugging of the well and will not allow the movement of fluld Into sources of hydrocarbons or fresh. water. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.110. SUSPENDED WELLS. (a) r� Upon application by the operator under 20 l AAC 25.105(e). the commission will, In Its discretion, approve the suspension of a well if the well (1) encounters hydrocarbons of sufficient quality and quantity to indicate the well is capable of producing in paying quantities as reasonably demonstrated by well tests or Inter- pretive formation evaluation data; or (2) Is reasonably demonstrated to have future value ust service well. (b) In addition to the filing requirements set out In 20 AAC 25.10S(e), the applicant has the burden of justifying to the commission's satis- faction why the well should not be completed or, abandoned. The confidentiality of informa- tion voluntarily submitted In support of well suspension will be kept confidential In accord- ance with 20 AAC 2S.S37. Justifiable reasons for suspension include (1) surface production and resource market• ing facilities are not available; 0 20 AAC 25.105 20 AAC 25.120 (2) security maintenance of a completed well in a shut-in status is not prudent; (3) pool delineation and evaluation is neces- sary to determine prudency of pool develop- ment and the construction of production or access to market facilities; (4) well production awaits design, delivery, and construction of production and market out- let facilities. (c) In addition to the plugging requirements of 20 AAC 2S.I05. the operator shall set a bridge plug between 200 and 300 feet below the casing head and cup with 100 linear feet of cement. (d) The commission will, in Its discretion. approve an exception to 20 AAC 25.I0S(e) if the requirements of 20 AAC 2S.IOS(l)(2) are met and subsurface equipment satisfactory to the commission for well re-entry is installed. (e) During the period of well suspension, the operator shall maintain the integrity of the well site and clear the location in a manner approved by the commission. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.120. WELL ABANDONMENT MARKER. (a) The exact surface location of an abandoned well must be shown by a steel marker post. The marker post may not be in- stalled until wellhead equipment, casing landing heads and casing are recovered to a depth at least three feet below rig grade level. The description and installation of the post must be as follows: (1) four Inches In diameter; (2) at least 10 feet long; (3) set in cement inside well casing; (4) extending from four to six feet above final ground level; (5) the top of the marker post must be closed with one of the following: 20.56 (A) cement plug; n C' C C E .. t C c C C Register 97, April 1986 MISCELLANNOUS BOARDS. COMMISSIONS 20 AAC 25.120 20 AAC 25.170 (B) screw cap: or (C) welds; and (6) as an alternative method to (2) and (3) of this subsection, the marker post may be firmly welded with supporting fillets to the top of a steel plate secured to the casinghead or casing stub. (b) The following information must be bead - welded directly to the marker post: (1) name of the operator; (2) unit or lease name: (3) well number; and (4) exact location with (A) footage from section lines; (B) section number; (C) township, north or south; (D) range, cast or west; and (E) meridian. (c) Inspection of proper marker -post installa- tion and correct information will be made by a representative of the commission at the time of the location clearance inspection as required in 20 AAC 25.170. (d) If requested by the operator or surface owner, the marker -post installation requirement will, in the commission's discretion, be waived by the commission. If the requirement is waived, the Information required in (b)(1), (2), and (3) of this section must be bead -welded on top of a steel plate secured to the casinghead. (e) This section does not apply to abandoned wells that were drilled from a mobile bottom - founded, jack -tip or floating drilling unit; an offshore fixed structure; an artificially con- structed gravel or historically shifting natural Island; or a beach location. (Eff. 4/13/80, Reg. 74; am 4/2/86. Reg. 97) Authority: AS 31.05.030 20 AAC 25.140. WATER WELLS. If a II drilled for oil or gas is to be piuggedd abandoned, but may safely be used as a fresh- water well, and such a use is desired by a person, written authority for this action must be ob. tained from the landowner and owner of the surface rights. The authorization must provide for the authorized person's assumption of full responsibility for the final plugging of the water well. This authorization must be filed with, and approved by, the commission. Following the commission's approval of the plugging of the well to protect the freshwater bearing strata and the location clearance. the operator is relieved of further obligation under the operator's bond. (Eff. 4/ 13180, Reg. 74: am 4/2/86, Reg. 97) Authority: AS 3I.OS.030 20 AAC 25.170. ONSHORE LOCATION CLEARANCE. (a) The location of an abandoned well onshore or upon a historically stable island, must be cleared within one year following well abandonment or before expira- tion of operator's rights, whichever occurs first. The operator shall (1) remove all materials, supplies, struct, and installations from the location; (2) remove, adequately bury, or incinerate all loose debris occurring on or near the location; (3) fill and grade all pits. and (4) leave the location in a clean and graded condition. (b) The commission will, In its discretion, grant an extension of three beyond one year following well abandonment, upon receipt of the form entitled Application for Sundry Ap- provals (Form 10.403), on which is stated (1) a request for a specific time extension not to exceed one year; (2) the reason an extension is necessary; (3) a description of location clearance progress- and (4) the expiration date of the opera ft 's rights to enter the location r) 20-S7 A ` J O -- } `. Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.170 20 AAC 25.172 (e) Following completion of all work required (a) of this section, on -site inspections at a ime convenient to the operator will be made by a representative of tite commission to (1) verify a proper well marker as required in 20 AAC 2S.130; (3) verify the location condition at the time of inspection; and (3) provide the operator and field representa- tive a report of the inspection. (Eff. 4/ 13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.172. OFFSHORE LOCATION CLEARANCE. (a) After an offshore well is abandoned from a fixed platform, the site must be cleared before expiration of the operator's lease termination rights, by removing all casing, welOtead equipment, piling, structures, and other obstructions, to a depth at least 15 feet below the mud line floor or to a depth approved by the 'commission after review of sea bottom conditions. The operator must verify, by uppro- �pl!ate means approved by the commission, that %.Ae site has been cleared of all obstructions. (b) For a well abandoned from a mobile bottom -founded, jack -up or floating drilling unit. the well site must be cleared before removal of the drilling unit from the location by recovering all casing, wellhead equipment, piling, and other obstructions, to a depth at least 15 feet below the mud line floor, unless otherwise approved by the commission. The operator must verify, by appropriate moans approved by the commission, that the location has been cleared of all obstructions. (e) For a well abandoned from an artificial gravel island or shifting natural island, the well site must be cleared within one your following abandonment. or before the time that the operator ceases to conduct activities necessary to ensure the integrity of the well site, or before expiration of operator's rights, whichever occurs first. Tito operator shall (1) remove all casing and wellhead equip- ment to a depth of at least two feet below tiro 0Wine: the mudiine for an artificial gravel Island is defined as the depth of the son floor when the island wee constructed; the mudline for a shifting natural island is defined as the depth at which a horizontal plane constructed through the too of the slope of the island inter- sects the well bore; (2) remove all materials, supplies, structures, and installations from the location; (3) remove from the location, or incinerate, all loose debris occurring on or near the loca- tion; (4) fill and grade all pits; and (5) leave the location In a clean and graded condition. (d) Following completion of all work required in (c) of this section, onsite inspections at a time convenient to the operator will be made by a representative of the commission to (1) verify the location condition at the time of inspection; and (2) provide the operator and field representa- tive a report of the Inspection. (Eff. 4/2186, Reg. 97) Authority: AS 31.05.030 ARTICLE 3. PRODUCTION PRACTICES Section 200. Production equipment 205. Notification of accidental loss of oil or Sol 210. Multiple completion of wells 215. Commingling of production 225. Potential of gas wells 228. Production measurement equipment 230. Production measurement 235. Gas utilization 240. Gas -oil ratios 245. Common production facilities 250. (Repealed) 252. Underground disposal of water and oth, oil field waste fluids and underground storage of liquid hydrocarbons 253. (Repealed) 260. Illegal production 20.58 C R C C l_ Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 0 AAC 25.22 265. Automatic shut-in equipment 270. Initial reservoir pressure 275. Reservoir fluid properties 280. Workover operations 285. Blowout prevention equipment for workover operations 20 AAC 25.200. PRODUCTION EQUIP- MENT. (a) Surface production equipment must be installed to control, separate, clean. and gather in a safe manner all produced oil, gas, and water. All equipment must be maintained in accordance with good established Industry prac- tice. (b) All equipment must be designed and protected to ensure reliable operation under the range of weather conditions expected for the specific location. (c) Wellhead equipment must include appro- priate gauges and valves installed on the tubing, casing -tubing annulus and casing -casing annuli to show surface pressures and to control the well flow for the range of conditions expected. Other alternatives will, in the commission's discretion, be approved for subsea completions. (d) All wells capable of unassisted flow must be completed with downhole production equip- ment consisting of suitable tubing and a packer which effectively isolates the tubing -casing annulus from fluids being produced, unless otherwise specifically approved by the commis- sion. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.205. NOTIFICATION OF ACCI- DENTAL LOSS OF OIL OR GAS. (a) The commission must be immediately notified by the operator of any accidental loss of crude oil or natural gas, or both, from a well or produc- tion handling operation. (b) Within five days after the accidental I-- the operator shall submit a written report commission, detailing the following facts: time of incident; location where incident took place; (3) volumes of crude oil and of natuas lost; (4) cause of the loss; (5) actions taken and planned to prevent fur- ther loss; and (6) equipment or procedural changes, if applicable, to prevent the loss from recurring. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 i 20 AAC 25.210. MULTIPLE COMPLETION OF WELLS. A well may not be completed in more than one pool without approval of the commission. The commission will require evi- dence of complete separation of flowstreams from separate pools, as ascertained by pressure or other acceptable tests conducted at the time 1 the packers are set. Subsequently, if packer leak- age is suspected, the commission will, in its dis- cretion, request the operator to provide proof of complete separation of the pools involved in the completions or make a packer leakage test. No- tification must be given so that the packerk- age test may be witnessed by a represen _, e of the commission. (Eff. 4113/80, Reg. 74; am 4/2/86. Reg 97) Authority: AS 31.05.030 20 AAC 25.215. COMMINGLING OF PRO- DUCTION. (a) On the surface, the production from one pool may not be commingled with that from another pool except when the quantities from each pool are determined by at least monthly well tests. (b) Commingling of production within the same well bore from two or more pools is not permitted unless, after request, notice, and opportunity for public hearing in conformance with 20 AAC 25.540, the commission finds that waste will not occur, production from sopatato pools can be properly allocated, and the commission issues an order providing for com- mingling for all wells completed from these pools within the field. (Eft. 4/13/80. Res. 74; am 4/2186, Reg. 97) Authority: AS 31.05.030 20 AAC 25.225. POTENTIAL OF j4S WELLS. All gas wells must be tested bliodAe 20.58.1 F t •� s Y • � Y � If Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.225 20 AAC 25.230 multi -point back -pressure method before signifi• ant production. The test results and calcula- tions must be reported to the commission on the form entitled Gas Well Open Flow Potential Test Report (Form 10421)•within 30 days after the test. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 3 LOS.030 20 AAC 25.228. PRODUCTION MEASURE. MENT EQUIPMENT. (a) Hydrocarbon measure- ment equipment used for the purpose of custody transfer or sale must be fabricated and Installed in accordance with the API "Manual of Petroleum Measurement Standards." (b) Fluid samplers must be either a probe or a slipstream type. The sampler location must be profiled in accordance with sec. 2, ch. 8 of the "Manual of Petroleum Measurement Standards." (c) If a totalizer system is microprocessor - based, it must be equipped with a back-up pulse accumulator for each motor run, which will count and preserve meter pulses in the event of power or computer failure. �`� `��(d) if a microprocessor totalizing system is used, the reports of net measured volumes for the custody transfer Intervals must, at a mini• mum, show the raw or factored pulses, average temperature, pressure, gravity, meter factors, correction factors, and the gross standard volumes. (e) Gas motor runs must be fabricated, in- stalled and maintained in accordance with ch. 14 of the API "Manual of Petroleum Measure- ment Standards." (f) Upon request, the commission will, in its discretion, approve a variance from the require• ments of this section. (Eff. 4/2/86, Rog. 97) Authority: AS 31.05.030 20 AAC 25.230. PRODUCTION MEASURE- MENT. (a) All hydrocarbon production must be measured In accordance with this section before severance from tho property or unit where produced. If compliance Is not prudent, the commission will, in its discretion. approve an alternate site for measurement facilities upon placation and a showing that the accuracy In ..L measuring hydrocarbons severed from the property or unit is not jeopardized. (b) Production from each well must be mea- sured to determine the quantities of oil, gas and water, using equipment and techniques acceptable to the commission. Production from a property or unit may be measured as a whole, If individual well test facilities acceptable to the commission are employed to test each well at least once each 30 days to assure accurate alloca- tion to each well. (c) Bypasses may not be connected around custody transfer or sales measurement equip• ment such as tanks, meters, gauges, sample con- tainers. or gas meter runs. (d) The volumes of produced gas, all, and water must be reported monthly on the Monthly Production Report (Forth 10.405) or by an alternate format acceptable to the commission. Disposition of produced gas must be reported monthly on the Producer's Report of Gas Dispo• sition (Form 10.422). (e) The commission will, in Its discretion, re- quire sufficient notice so that its representative may monitor, witness, and collect data to con• firm consistency with the API "Manual of Petroleum Measurement Standards" at all custody transfer installations for the following: (1) water drawing of provers utilized for certification of custody transfer motors; (2) crude oil sample collection, handling, an( analysis; (3) meter proving and volume calculations and (4) gas motor calibrations and volume calcu lations. (f) Successive liquid motor factors that diffo by more than 0.0025 are unacceptable ani proper stops must be immediately taken to brine the motor factor within acceptable tolerance. (g) Upon request, the commission will. in it discretion, approve a variance from the require ments of this section. (Eff. 4/13/80. Reg. 74; an 4/2/86. Reg. 97) 10.58.2 Authority: AS 31.05.031 C C _ - zi �:. i 71 :.' t 4i } r r hi • 1 . w � . h.�. w. 4 aq :;. Register 97. April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 2S.235. GAS UTILIZATION. (a) Gas from a well may not be permitted to escape into the air without commission approval, except (1) when required for safety; (2) when required for initial testing; or (3) in cases of operational necessity, if the escape is for not more than five days within any 30•day period. (b) The disposition of gas production must be reported each month on the Producer's Report of Gas Disposition (Form 10.422). (Eff. 4/ 13/80, Reg, 74; am 4/2/86. Reg. 97) Authority: AS 31.05.030 AS 31.05.095 20 AAC 2S.240. GAS4)IL RATIOS. (a) For each new oil pool, the operator shall determine, 20•S8,2a i 20 AAC 75.235 20 AAC 25.240 n Register 97, April 1986 MISCELLANEOUS BOARDS. COMMISSIONS within three months after discovery. the original solution gas -oil ratio by a well test conducted in a manner approved by the commission. The op- erator shall report the results on the Well Status Report and Gas -Oil Ratio Tests (Form 10.409) within 45 days after the test. (b) An oil well may not be produced if the gas• oil ratio of the well exceeds the original solu. tion gas -oil ratio of the crude within the pro. ducing pool by more than 100 percent. (e) Upon written application by an operator, the commission will, In its discretion, waive the limitation in (b) of this section (1) for wells producing from a pool that has an additional recovery project in operation. (2) if the produced gas is being returned to the same pool; or (3) if acquisition of pool performance data Is necessary to datermine an optimum reservoir management program. (d) Exceptions for conditions other than those specified in (c) of this section will, at the discre- tion of the commission, be granted only after application, notice, and an opportunity for public hearing. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.245. COMMON PRODUCTION FACILITIES. Common facilities may be used to receive the production from any number of wolfs If appropriate tankage or other measuring equipment is installed so that production from each well can be accurately determined at least once each month. (Eff. 4/ 13/80, Reg. 74, am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.250. DISPOSAL OF SALT WATER AND OTHER WASTES. Repealed 412/86. 20 AAC 25.252. UNDERGROUND DIS- POSAL OF WATER AND OTHER OIL FIELD WASTE FLUIDS AND UNDERGROUND STORAGE OF LIQUID HYDROCARBONS. (a) The underground disposal of freshwater or 20 AAC 2S.240 20 AAC 25.2S2 salt water, brackish water, or other oil field waste fluids and the underground storage of liquid hydrocarbons, are prohibited except as ordered by the commission In response to a letter of application for injection filed by an op- erator for underground disposal or storage. An order authorizing disposal or storage wells re- mains valid unless revoked by the commission. (b) The operator has the burden of demon- strating that the proposed disposal or storage op- eration will not allow the movement of fluid into sources of freshwater. Disposal or storage wells must be cased and the casing cemented in a manner that will protect oil, gas, and fresh- water sources. (c) An application for underground injection must include (1) a plat showing the location of all pro- posed disposal and storage wells, including abandoned wells, production wells. dry holes, and any other wells that penetrate the injection zone within one -quarter mile of each disposal or storage well; (2) a list of all operators and surface owners within a one -quarter mile radius of each pro• posed disposal or storage well; (3) an affidavit showing that the operators and surface owners within a one -quarter mile radius have been provided a copy of the applica- tion for disposal or storage; (4) the name, description, depth, and thick- ness of the formation into which fluids are to be injected and appropriate geological data on the injection zone and confining zones, in- cluding lithologic description and geologic name; (S) logs of the disposal or storage wells, if not already on file. or other similar Informa• tion; (6) a description of Ilia casing of the disposal or storage wells, or the proposed casing program and the proposed method for testing casing before use of the disposal or storage wells: (7) a statement as to the type of fluid to be Injected, its composition. its source. and the 20.58.3 z- t i Register 97, April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 20 AAC 25.252 20 AAC 25.265 estimated maximum amounts to be Injected daily: (8) the estimated average and maximum In- Jeetion pressure; (9) evidence and data to support a commis- sion finding that the proposed disposal or storage well will not initiate or propagate frac- tures through the confining zones which might enable the injection fluid or formation fluid to enter any freshwater strata; (10) an analysis of the water within the formation into which fluid injection is proposed, by a standard laboratory water analysis deter- mination. or by an analytical method acceptable to the commission; and (11) a reference to any applicable freshwater exemption issued in accordance with 20 AAC 25.440. (d) Mechanical Integrity for disposal or storage wells drilled or converted to disposal or storage wells after the effective date of approval of the commission's program under 42 U.S.C. 300h-4 must be demonstrated according to 20 AAC 2SA12 before operation. Mechanical integrity for all disposal or storage wells must be demon- strated by the operator by monitoring the pressure in the casing -tubing annulus during actual injection. The monitored annulus pressure must be reported monthly on the Monthly Injection Report (Form 10.406). (e) If the casing -tubing annulus pressure sub- jects the casing to a ho ep stress that exceeds 70 percent of the minimum yield strength of the casing. or If there Is more than a 200 psi change in pressure between consecutive pressure read- ings. the commission must be immediately noti- fied and commission -approved corrective action taken. (f) The commission will. in its discretion, re- quire additional mechanical Integrity tests. (g) Modifications of existing or pending dis- posal or storage operations will be approved by the commission, in its discretion, under 20 AAC 25307. upon application containing sufficient detail to evaluate the proposed modi- fication. No modification will be approved un- less the applicant proves to the commission that the modification will not allow the movement of fluids into sources of freshwater. (h) The operator shall provide a report on the mechanical conditions of all wells that have penetrated the injection zone within a one - quarter mile radius of a proposed disposal or storage well. It is the operator's responsibility to assure that any of the wells under the op- erator's control within the radius of investiga- tion which may allow the movement of fluids Into sources of freshwater are properly repaired, plugged, or otherwise modified. If wells exist that are not under the operator's control, the commission will not approve the application until the operator responsible for those wells has properly repaired, plugged, or otherwise modified the wells to prevent the movement of fluids into sources of freshwater. (1) The commission will publish notice of the disposal or storage application and will provide opportunity for a hearing in accordance with 20 AAC 25.540. 0) If disposal or storage operations are not begun within 24 months after the approval date, the injection approval will expire unless an application for extension is approved by the commission. (Eff. 4/2/86, Reg. 97) Authority: AS 31.OS.030 20 AAC 25.255. EQUITABLE DISTRIBU- TION OF PRODUCTION. Repealed 4/2/86. 20 AAC 25.260. ILLEGAL PRODUCTION. No person may produce or transport crude oil or natural gas from a well or pool in Alaska when in violation of the regulations and orders of the commission. (Eff. 4/13/80. Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25,265. AUTOMATIC SHUT-IN EQUIPMENT. (a) A completed well covered by this chapter with an offshore surface location, which is capable of unassisted flow of hydro. carbons, must be equipped with a commission. approved 20.58.4 (1) fail-safe automatic surface safety Volvo (SSV) system capable of preventing an uncon- trolled flow; and (2) fail-safe automAlic surface controlled sub- surface safety Volvo (SSSV) system, unless another type of subsurface valve is approved by the commission: this valve must be in the tubing string and located below the mud fine, perma- frost, or at some other depth as may be re- quired; the valve must be capable of preventing an uncontrolled flow. (b) The commission will, in its discretion, also require SSV's or SSSV's. or both, on wells In other areas, after notice and an opportunity for hearing In accordance with 20 AAC 2S.540. (c) A representative of the commission will witness operation and performance tests at inter- vals and times as proscribed by the commission to confirm that the SSV, SSSV, and all asso- ciated equipment are In proper working condi- tion. (Eff. 4/13/80. Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.270. WITIAL RESERVOIR PRESSURE. The operator shall determine the Initial reservoir pressure in any now pool before significant production. The results must be re- ported to the commission on the form entitled Reservoir Pressure Report (Fonn 10.412). (Eff. 4/13/80, Reg. 74.am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.275. RESERVOIR FLUID PROP. ERTIES. (a) Tile operator shall obtain fluid samples from each new pool within three months after discovery, and determine (1) crude composition assay; (2) crude pressure, volume, temperature (PVT) relationship; (3) solution or non -associated gas composi- tion assay. (b) Sampling and determinations must be conducted and reported in accordance with accepted industry practice. Reports must be submitted to tite commission within 45 days F I Register 97. April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 20 AAC 25.265 1 20 AAC 25.280 1 following completion of determinations. (Eff. 4/2/86. Reg. 97) Authority: AS 31.05.030 20 AAC 25.280. WORKOVER OPERATIONS. (a) An application for well workover operations must be subritted by filing the form entitled Application for Sundry Approvals (Form 10.403). The application must be approved by the commission before entering a producible or Injection well to conduct the following opera- tions: (1) perforate or reperforate casing, (2) stimulate, (3) pull tubing, (4) alter casing, (5) repair well. (b) The Form 10.403 filing must set out the following: (1) the current condition of the well; (2) a copy of the proposed program for well work; (3) a diagram and description of the BOP equipment required by 20 AAC 25.285(a) and the static bottom -hole pressure; (4) a description of the workover fluid to be used for primary well control. (c) The operator shall keep records and reports of well workover and repair operations In con- formance with the requirements of 20 AAC 25.070(a). (dt The operator shall file with the commis. sion, within 30 days after completion of work - over and repair operations, a complete well record on a Report of Sundry Well Operations (Form 10.404), including a copy of the daily reports of well operations and the tests as re• quired by 20 AAC 25.070(a)(1). (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 20.58.S A A. i Lam_ ... .. _X_ r- Register 97. April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.295 20 AAC 25.320 20 AAC 25.:85. BLOWOUT PREVENTION EQUIPMENT FOR WORKOVER OPERA- TIONS. (a) General DOPE requirements for workover of a well. (1) a schematic diagram of the BOP must be submitted with the Application for Sundry Approvals (Form 10.403). A BOP and related well control equipment must be installed, used, maintained. and tested In a manner necessary to assure well control. (2) the working pressure of a blowout pre - venter (BOP) must exceed the anticipated sur- face pressure to which it may be subjected. (b) A DOPE assembly must be installed, as appropriate. for the proposed downhole opera- tions as follows: (1) for production tubing and drill pipe operations. a DOPE assembly including choke and kill line in accordance with API RP 53 "Recommended Practices for Blowout Preven- tion Systems". (2) for coil tubing operations, a stuffing box and BOP with blind/shear and tubing rams with hydraulic slips; (3) for braided and slickline operations, a lubricator with stuffing box and wireline rams; (4) for downhole operations not covered by this subsection, the commission will, in Its dis- cretion. approve alternate DOPE Installations. (c) A. DOPE assembly required by (b)(1) of this section must be prossure tested in accord- ance with API RP 5.3 "Recommended Prac- 11co for Blowout Prevention Systems" before well bore entry. Sufficient notice must be given so that a representative of the commission may witness the test. A BOP must be function - tested weekly after that. (d) A DOPE assembly for called tubing and wireline operations must be pressure tested following Installation and at least weekly after that. (Eff. 4/2/86. Reg. 97) Authority: AS 31.05.030 ARTICLE 4. REPORTS Section 300. Request for additional information 310. Books and records 320. Filing of forms 20 AAC 25.300. REQUEST FOR ADDI- TIONAL INFORMATION. This chapter does not limit or restrict the authority of the commis- sion to require the furnishing of such additional reports, data, or other information relative to drilling, production, transportation, storage, or handling of crude oil or natural gas and Injection operations on off and gas properties and units In Alaska. as may appear to It to be necessary or desirable, either generally or specifically. for the prevention of waste, protection of correla- tive rights, the movement of fluids Into fresh- water sources and the conservation of the natural resources. (Eff. 4/13/80. Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.095 20 AAC 25.310. BOOKS AND RECORDS. All operators, producers. transporters, storers, and handlers of crude oil and natural gas on oil and gas properties and units within Alaska shall make, and keep in Alaska for a period of not less than five years, appropriate books and records covering their operation in Alaska. The data from these books and records must be used to make and substantiate the reports required by this chapter. (Eff. 4/13/80. Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.320. FILING OF FORMS. (a) Where this chapter requires forms to be filed, the completed forms must be submitted to the Alaska Oil and Gas Conservation Commission at 3001 Porcupine Drive, Anchorage. Alaska 99SO 1.3192. One originally signed. state -printed form. not a copy, must be submitted with the required number of copies Indicated on each form. (b) Forms required by this chapter will be furnished by the commission upon request. (Eff. 4/13/80. Reg. 74; am 4/2186. Reg. 97) Authority: AS 31.OS.030 20.58.6 A . 0 . 9 CF C C t f L P Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS ARTICLE S. ENHANCED RECOVERY Section 400. (Repealed) 402. Enhanced recovery operations 410. (Repealed) 412. Casing. cementing and tubing of Injection wells for enhanced recovery. disposal and storage 420. Notice of commencement and discontinuance of injection operations 430. Enhanced recovery records 432. Report of underground injection 440. Freshwater aquifer exemption 450. Underground Injection control variances 460. Area injection orders 20 AAC 25.400. APPLICATION FOR ADDI- TIONAL RECOVERY. Repealed 4/2/86. 20 AAC 25.402. ENHANCED RECOVERY OPERATIONS. (a) Enhanced recovery opera- tions involving the Introduction of extraneous forms of energy into a pool by injection are pro- hibited, except as ordered by the commission in response to a letter of application for Injec- tion filed by an operator for an enhanced recovery project. An order authorizing injection for enhanced recovery projects remains valid un- less revoked by the commission. (b) The operator has the burden of demon- strating that the proposed operation will not allow the movement of fluid into sources of freshwater. Injection wells must be cased, and the casing cemented in a manner that will pro- tect oil, gas, and freshwater sources. (c) The application must include (1) a plat showing the location of all proposed injection wells, including abandoned wells, production wells, dry holes, and any other wells that penetrate the injection zone within one -quarter mile of each proposed injection well; (2) a list of all operators and surface owners within one -quarter mile radius of each proposed Injection well; (3) an affidavit showing that the operators 20 AAC 25.400 20 AAC 25.402 and surface owners within a one-quartor mile radius have been provided a copy of the applica. tion for injection; (4) a full description of the particular opera. tion for which approval is requested; (S) the names. description, and depth of the pools to be affected; (6) the name, description, depth, and thick- ness of the formation into which fluids are to be injected, and appropriate geological data on the injection zone and confining zones, including lithologic descriptions and geologic names; (7) logs of the injection wells if not already on file, or other similar information; (8) a description of the casing of the injec. tion wells, or the pmpo%ed casing, program. and the proposed method for testing casing before use of the injection wells; (9) a statement of the typo of fluid to be injected, its composition, its source, the esti- mated maximum amounts to be Injected daily, and compatibility with the receiving formation and confining zones; (10) the estimated average and maximum Injection pressure; (11) evidence and data to support a commis. sion finding that each proposed injection well will not initiate or propagate fractures through the overlying strata or confining zones which might enable the injection fluid or formation fluid to enter any freshwater strata; (12) an analysis of the water within the formation into which fluid injection is proposed by a Qtandard laboratory water analysis deter mination or by an analytical method acceptable to the commission; (13) refetenco to any applicable freshwater exemption imued under 20 AAC 2S.440; and (14) the expected Incremental increase in ultimate hydrocarbon recovery. 20.58.7 H Register 97. April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 20 AAC 25.402 20 AAC 25.412 (d) Mechanical Integrity for injection wells drilled or converted to injection wells after the effective date of approval of the commission's program under 42 U.S.C. 300h-4 must be demonstrated under 20 AAC 25.412 before operation. Mechanical integrity of all injection wells must be demonstrated by the operator by monitoring the pressure in the casing -tubing annulus during actual injection. The monitored annulus pressure must be reported monthly on the Monthly Injection Report (Form 10.406). (e) If the casing -tubing annulus pressure subjects the casing to a hoop stress that exceeds 70 percent of the minimum yield strength of the casing, or if there is more than a 200 psi change In pressure between consecutive pressure read- ings. the commission must be immediately noti- fied and commission -approved corrective action taken. (f) The commission will.- in its discretion, re- quire additional mechanical integrity tests. (g) Modifications of existing or pending in- jection operations will be approved by the com- mission, in its discretion, under 20 AAC 2S.507 upon application containing sufficient detail to evaluate the proposed modification if there has been no change in geologic, regulatory, or environmental situations. No modification will be approved unless the applicant proves to the commission that the modification or variation will not allow the movement of fluids into source% of freshwater. (h) The operator shall provide a report on the mechanical condition of all wells that have pene- trated the injection zone within a one -quarter mile radius of an injection well. It Is the GP - orator's responsibility to assure that any wells 1 under the operator's control within that radius. which may allow the movement of fluids into sources of freshwater. are properly repaired, plugged. or otherwise modified. If wells exist 1 which are not under the operator's control. the f commission will not approve the application until the —orator responsible for these wells has t...jperly repaired, plugged, or otherwise j modified the wells to prevent the movement of fluids into sources of freshwater. IN 0) Tile commission will publish notice of the enhanced recovery application and provide op- portunity for a hearing in accordance with 20 AAC 25.540. 0) If injection operations are not begun within 24 months after the approval date, the enhanced recovery approval will expire unless a letter of application for extension is approved by the commission. (Eff. 4/2/86, Reg. 97) Authority.- AS 31.05.030 20 AAC 25.410. INJECTION WELLS. Re- pealed 4/2186. 20 AAC 2S.412. CASING. CEMENTING AND TUBING OF INJECTION WELLS FOR EN- HANCED RECOVERY. DISPOSAL AND STORAGE. (a) Wells that inject fluids for en- hanced recovery of oil or gas, for disposal of non -hazardous oil field waste fluids, or for storage of liquid hydrocarbons, must be cased with safe and appropriate casing and be tubed to prevent leakage, and must be cemented to protect oil, gas, and freshwater sources. (b) A new well drilled for the injection of fluids must be cased, cemented, and pressure tested in conformance with 20 AAC 2S.030. (c) An existing well newly converted for in. jection of fluids may not be operated before pressure testing the casing immediately exterior to the injection tubing string. The casing must be tested at a surface pressure of 1,500 pslg or 0.25 psi/ft multiplied by the true vertical depth of the casing shoe whichever is greater, but must not subject the casing to a hoop stress that will exceed 70 percent of the minimum yield, strength of the casing. If the pressure declinei. more than 10 percent within 30 minutes. correc- tive measures must be taken until a satisfactory pressure test is achieved. (d) Fluid injection wells must be equipped with tubing and packer. or other equipment which Isolates pressure to the injection interval. The minimum burst pressure of the tubing must exceed the maximum surface injection pressure by at least 2S percent. (e) Sufficient notice of pressure tests required by (c) must be given so that a representative of 20.58.8 F ate: may,. 1 t ' `• .:.`LL _mr.- MA �4 'ar- r+- C C C F Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS the commission may witness the test. (Eff, 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.420. NOTICE OF COMMENCE- MENT AND DISCONTINUANCE OF IN- JECTION OPERATIONS. (a) At least 10 days before beginning an injection operation or pro- gram, the operator shall notify the commis. sion of the intended injection date. (b) Within 10 days after discontinuing an in- jection operation or program. the operator shall notify the commission of the date of discontin- uance and the reasons for it. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.430. ENHANCED RECOVERY RECORDS. Each operator shall keep accurate records showing volumes of fluids produced, Injected volumes, reservoir pressures, and injec- tion pressures, by well and pool. Each operator shall retain these records for five years. The commission will, in its discretion, specify reten- tion of these records for a longer time period. Upon reasonable notice, the commission or its authorized representative must be given full access during normal business hours to all records. (Eff. 4/13/80, Reg. 74. am 4/2/86, Reg. 97) Authority: AS 31.0S.030 20 AAC 25.432. REPORT OF UNDER- GROUND INJECTION. Each operator who injects fluids into subsurface strata through a service well for any purpose, other than fractur- Ing, acidizing, or other similar treatment, shall file with the eommis4lon monthly reports that show all injected volumes and other data. by well and pool. as required by the commission on forms entitled Monthly Injection Report (Form 10.406). Report of Injection Projects (Form 10.413) and, if applicable, the Producer's Report of Gas Disposition (Form 10.422). Com- puterized forms may be submitted in place of the required forms If they contain the some re- quired information and have been approved for format by the commission. (Eff. 412/86, Reg. 97) Authority: AS 31 AS.030 20 AAC 2S.412 20 AAC 25.440 20 AAC 25.440. FRESHWATER AQUIFER EXEMPTION. (a) Upon receipt of a letter of application, and in accordance with (b) of this section, the commission will, in its discretion, issue an order designating a freshwater aquifer or portion of it as an exempt freshwater aquifer, if the freshwater aquifer meets the following criteria: (1) it does not currently serve as a source of drinking water, and it cannot now and will not in the future serve as a source of drinking water because (A) it is hydrocarbon -producing or can be demonstrated by the applicant to contain hydrocarbons that, considering their quantity and location. are expected to be commer- cially producible; (B) it is situated at a depth or location that makes recovery of water for drinking water purposes economically or techno- logically impractical; or (C) it is so contaminated that recovery of water for drinking water purposes is econo- mically or technologically impractical; or (2) the total dissolved solids content of the ground water is more than 3,000 and loss than 10,000 mg/i, and it is not reasonably expected to supply a public water system. (b) To apply for exemption of a freshwater aquifer, an operator shall submit to the com- mission a letter of application that includes sufficient data to justify the proposal. Including data to substantiate that the criteria in (a) of this section arc met. The commission will provide 15 days legal notice and the opportunity for a public hearing on the matter in accordance with 20 AAC 25.540. (c) Freshwater aquifers within Alaska that are designated as exempt aquifers by the United States Environmental Protection Agency at the time the commission is granted primary enforce- ment responsibility under 42 U.S.C. 300h.4 will be accepted as exempt aquifers by the com- mission without further action. (Eff. 4/2/86. Reg. 97) Authority: AS 31.OS.030 20.58.9 Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.450 20 AAC 25.460 20 AAC 25.450. UNDERGROUND INJEC- TION CONTROL VARIANCES. (a) If injec- tion does not occur into, through, or above a freshwater source or non-exempt freshwater aquifer. the commission will, in its discretion, authorize less stringent requirements for a wen or project then otherwise required by this chapter, for radius of investigation, casing and cementing, mechanical integrity, operation, monitoring. and reporting, to the extent that the reduction in requirements will not result in an increased risk of movement of fluids into a freshwater source. (b) At the discretion of the commission, pilot projects for enhanced recovery using a tech- nology not proved feasible under the conditions In which it is being tested may be operated with less stringent requirements for well construc- tion. operation, monitoring, and reporting, if the project will not result in an increased risk of fluid movement into freshwater sources. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 2S.460. AREA INJECTION ORDERS. (a) Upon application under this sec• tion, the commission will, in Its discretion, after legal notice and opportunity for public hearing In accordance with 20 AAC 25.540. issue an order permitting the underground injection of fluids on an area basis, rather than for each well Individually, if the wells are (1) described and identified by location in the application if they are existing wells, except that the commission will. in its discretion, accept a single description of wells with sub- stontially the some characteristics; (3) within the -same field, facility site, reservoir. project. or similar area; (3) operated by a single operator; and (4) used to inject other than hazardous waste. (b) The area Injection order will specify (1) the area and strata within which under- ground injections are authorized; and (2) the requirements for drilling, operating, monitoring, reporting, and abandoning all wells authorized by the order. (c) The area injection order will, in the com- mission's discretion, authorize the operator to drill and operate. convert. or plug and abandon wells within the area if (1) the operator files with the commission a Form 10.401 or Form 10.403, as appropriate, for approval before work; and (2) the cumulative effects of drilling and operating additional Injection wells are con- sidered by the commission during evaluation of the area Injection order application and are acceptable to the commission. (d) if the commission determines that any well drilled and operated under an area injection order does not satisfy all of the requirements of this section, the commission will take enforcement action to ensure compliance. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 ARTICLE 6. GENERAL PROVISIONS Section SOS. Scope of regulations 507. Change of an approved program 310. Commission office. hours, and seal 515. U.S. government leases 517. Plan for pool development and operation. and Integration of Interests 520. Field and pool regulation and classification 525. (Repealed) $26. Conduct of operations and We hazard $28. Open pit storage of oil $30. Cooperation with other parties $34. Tests. surveys. and remedial measures 536. (Repealed) $37. Public and confidential well information 538. (Repealed) 540. Hearings 545. Public mooing lists $50. Oaths 555. (Repealed) $57. Subpoenas 570. Definitions 20.58.10 0 C 3 w� •. ' y-�t�yu v'�• - . k, C 0L Register 97, April 1986 MISCELLANEOUS BO 20 AAC 25.S05. SCOPE OF REGULATIONS. (a) This chapter generally consists of statewide regulations which apply to all wells, pools. fields, and oil and gas properties, unless the commission, in its discretion, Issues an order in conformance with 20 AAC 2S.S40. (b) An order issued in conformance with 20 AAC 25.540 prevails over this chapter except for those regulations which govern underground injection and the protection of freshwater. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31 AS.030 AS 31 AS.060 AS 31.05.100 20 AAC 25.507. CHANGE OF AN AP- PROVED PROGRAM. If unexpected conditions necessitate a substantive change In an approved program application, complete details of the cur- rent condition and the proposed change must be submitted to the commission with the Applica- tion for Sundry Approvals (Form 10.403). A change of an approved program may not be undertaken without commission approval. If prompt approval Is needed, verbal approval may be obtained from the commission or Its au- thorized representative, and the required Form 10.403 submitted, on the commission's next working day, setting out the name of the person who provided verbal approval and the date of the verbal approval. The commission will condi- tion its approval as necessary to protect oil, gas and freshwater sources. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31 AS.095 20 AAC 25.510. COMMISSION OFFICE, HOURS. AND SEAL. (a) The principal office of the Alaska Oil and Gas Conservation Commis- sion Is located at. 3001 Porcupine Drive, Anchorage, Alaska 99501.3192. The commis- sion's telephone number is (907) 279.1433. (b) The office of the commission is open for the transaction of business each day from 8:00 a.m. until 12:00 noon and from 1:00 p.m. until 4:30 p.m.. except Saturday. Sunday, and every state hoUday. A commission rer isentative will be available after normal office hours and on weekends and state holidays through an answer- ing service by calling the number given in (o) of this section. ARDS, COMMISSIONS 20 AAC 2S,50S 20 AAC 25317 (c) The official seal of the commission Is reproduced below, (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.03.017 AS 31.OS.030' 20 AAC 25.515. U.S. GOVERNMENT LEASES. A person, including a federal agency, drilling for or producing oil or natural gas or conducting underground injection activities re- lated to the recovery and production of oil or gas on federal land shall comply with all ap- plicable regulations and orders of the commis- sion. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.517. PLAN FOR POOL DE- VELOPMENT AND OPERATION, AND INTE- GRATION OF INTERESTS. (a) Before the de• velopment and operation of an oil or gas pool, the operator shall submit to the commission for approval a plan of development and operation for the pool or the portion of the pool for which 3ovelopment is contemplated by the operator. This plan of development and operation must be updated and submitted to the commission for approval at least 90 days before the expiration date of the previously approved plan, as set out In that plan. If properties to be developed are leased from the state, and committed to a unit approved by the commissioner of the Depart- ment of Natural Resources under AS 38.0S.180, the plan of development and operation. and all updated plans of development and operation, re- quired by AS 38.05.180. must be submitted to the commission for informational purposes. (b) The plan of development and operation must provide for 20.58.11 's i j t _ NE "t a A •r U _ a- ;eZ c ' Register 97. April 1986 MISCELLANEOUS BOARDS, COMMISSIONS 20 AAC 25.517 20 AAC 25.534 (1) tite prevention of waste; (2) the protection of correlative rights for the owner of each property In the pool; and (3) the maximum ultimate recovery of oil and gas that is prudent. (c) A copy of an agreement validly Integrating the Interests of all persons owning interests in affected property in the pool or portion of the pool for which development is contemplated by the operator must be filed with the commission no later than 30days before the commencement of regular production from the pool. In the absence of an agreement, the commission will, in Its discretion. after notice and public hearing in accordance with 20 AAC 25.540, issue an order creating a unit. or an area of participation within a unit, which integrates the Interests of all persons owning an interest in the pool or a portion of the pool. (Eff, 4/2/86, Reg, 97) Authority: AS 31.05.030 AS 31.05.110 20 AAC 2S.S20. FIELD AND POOL REGU- LATION AND CLASSIFICATION. (a) Upon the motion of the commission, or the request of an affected property operator or owner at any time alter the discovery of oil or gas in a field or pool, a hearing will be hold in accord- ance with 20 AAC 2S.540 and the commission will Issue an order, based upon the evidence presented, classifying the pool as an oil or gas pool In a field and prescribing rules for the de- velopment of the pool. A pool order so Issued will (1) prevent waste, protect freshwater, and protect correlative rights; and (2) be based on the operating and technical data presented. (b) The commission will, in its discretion, re- classify fields and pools, or amend pool orders, upon the presentation of additional data at a subsequent (tearing. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.OS.030 AS 31.05.095 AS 3 LOS.060 AS 31.05.100 20 AAC 25.525. FORMS UPON REQUEST, Repealed 4/2/86. 20 AAC 25.526. CONDUCT OF OPERATIONS AND FIRE HAZARD. An operator shall carry on all operations and maintain the property at all times in a safe and skillful manner in accord- ance with industry practices, and having due re- gard for the preservation and conservation of the property and protection of freshwater. Each well location and property must be maintained In a manner to prevent fires. All rubbish, debris, waste material, spilled oil, and any other sub- stance that constitutes a fire hazard must be disposed of in an environmentally safe manner. (Eff. 4/13/80, Reg, 74-,am 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 25.528. OPEN PIT STORAGE OF OIL. An operator may not, except during an emergency, store or retain crude oil In an open earthen confinement or in an open receptacle. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.095 20 AAC 25.530. COOPERATION WITH OTHER PARTIES. The commission will, in its discretion, from time to time enter into arrange- ments with state and federal agencies, Industry committees, or individuals, with respect to special projects, services, and studies relating to underground fluid injection and the conserva- tion of oil and gas. If an arrangement requires the commission to use procedures not covered In this chapter, the procedures necessary to carry out the intent of the arrangement will be formulated and made available at the office of the commission after public notice and op- portunity for public comment. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.0S.023 AS 31.05.030 20 AAC 25.534. TESTS. SURVEYS. AND REMEDIAL MEASURES. When eonsidend necessary or advisable to carry out the purposes of the Alaska Oil and Gas Conservation Act and this chapter, the commission will require that tests or surveys be made to determine the quality of oil and gas produced; the formation. casing, tubing, or other pressures; the existence of any waste of crudo oil, gas, or reservoir energy; or the risk of fluid movement into fresh- water sources. The commission will. in Its dis- cretion, exercise its statutory power to enter 20•S8.12 L 0"i 7 C F aw . 0 . • i register 97. April 1986 MISCELLANEOUS BOARDS, COMMISSIONS and conduct on -site investigations and inspec- tions at reasonable times of facilities, equip- ment. practices, records, or operations for the purpose of ensuring compliance with the re- quirements of this chapter. If it is determined that the requirements of this chapter are not being met, the commission will order remedial work or take other action it considers neces- sary. (Eff. 4/2/86, Reg. 97) Authority: AS 31.05.030 20 AAC 35.536. GEOLOGIC DATA AND LOGS. Repealed 4/2/86. 20 AAC 25.537. PUBLIC AND CONFIDEN- TIAL WELL INFORMATION. (a) The commis- sion will routinely make available to the public, by means of records or reports, in its offices or elsewhere. or by means of regular publication, the following information: (1) surface and proposed bottom -hole loca- tion of each well, after approval of the Permit to Drill (Form 10.401). (2) total depth, bottom -hole location and well status after the Well Completion or Re - completion Report and Log (Form 10.407) Is filed; (3) regular production data and regular production reports, as required to be filed by the operator each month; (4) injection data and injection reports, as required to be filed by the operator each month; and (S) all data chapter upon period describe (b) Informati but voluntarily kept confident mation so requ ' (c) In this classification pended, or aba [ (d) Except a the reports a a V 1't _ 1 . f { filed on a well as required by this expiration of the confidential d in (d) of this section. on not required by this chapter, filed with the commission will be ial if the person filing the infor- ests. section, ',well status" means the of a well as oil, gas, service, sus- ndoned. s provided by (a) of this section, nd information required by this 20 AAC 35.534 20 AAC 2S.538 chapter to be filed by the operator will be kept confidential by the commission for 24 months following the 30-day filing period after well completion, suspension, or abandonment unless the operator gives written and unrestricted per- mission to release all of the reports and informa- tion at an earlier date. Upon notification that the commissioner of the Department of Na- tural Resources has made a finding that the re- quired reports and information from a well con- tain significant Information relating to the valuation of unleased land in the same vicinity, the commission will hold the reports and infor- mation confidential beyond the 24-month period and until notified by the commissioner of the Department of Natural Resources to release the reports and information. (e) Notwithstanding (b) or (d) of this section, any information obtained or used by the com- mission in the administration of its program under 42 U.S.C. 300h-4 (Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f - 300J) (1) will be made available to the public unless the material has been claimed confidential and has been determined by the commission to be entitled to confidential treatment; claims of confidentiality will be denied for the following: (A) the name and address of any ap- plicant for underground injection of fluids, and (B) information that deals with the existence, absence, or level of contaminants in freshwater; (2) will be made available to the U.S. En- vironmental Protection Agency upon request; if the information has been submitted to the com- mission under claim of confidentiality, the com- mission will submit that claim to the U.S. En- vironmental Protection Agency when providing the information. (Eff. 4/13180, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.026 AS 31.03.035 AS 3 LOS.030 AS 31.OS.170 20 AAC 25.538. NAMING OF FIELDS AND POOLS. Repealed 4/2/86. 20.58.13 Y Register 97, April 1986 MISCELLANEOUS BOARDS. COMMISSIONS 30 AAC 25440. HEARINGS. (a) On Its own motion or if a written request is received to Issue an order affecting a single well or a single field. the commission will publish notice in an appro- pripto newspaper. The notice will set out the essential details of the requested order and pro- vide the opportunity for a public hearing. The notice will specify the place, the time, and the date for the opportunity to be heard, that will be scheduled not less than 30 calendar days following the date of publication. A proper pro- test and request In writing for a hearing must be filed with the commission at its office in Anchorage, Alaska. within 15 days after the publication date by any person who may be harmed if the requested order Is issued. If a pro- test Is timely filed. o hearing will be held on the dote and time specified in the notice. if no protest Is timely filed. the commission will, in Its discretion. issue an order without a hearing. (b) On its own motion or if a written request for a public hearing is received concerning a matter within the jurisdiction of the commission under this chapter, the commission will publish notice in an appropriate newspaper. The notice will provide the essential details of the matter and set out the place for the public hearing, the date. and the time for the public hearing. Tito hearing will be scheduled not less than 30 calendar days after the date of publication. (e) The following is the procedure for public hearings conducted under (a) and (b) of this section: (1) the hearing will be called to order and the subject of the hearing, along with the date and place of public notice given for the hearing, will be road into the record; (2) the commission will receive both sworn testimony and unsworn statements; it will give greater weight in Its deliberations to sworn testimony; (3) all persons wishing to testify will be sworn; (4) each witness +.boll state his or her name and whom lie or sl,e represents: (5) each witness who wishes to give export 20 AAC 25,540 20 AAC 2S.545 testimony shall stata his o,; her qualifications, and the commission will rule on whether the witness qualifies as an expert; (6), the applicant will be asked to present testimony first: all others wishing to present testimony will be heard next; upon request, the commission will, In its discretion, allow cross- examination of witnesses by the applicant or affected owners; (7) a person wishing to make on oral state- ment will be allowed to do so after the conclu- sion of all testimony; (8) a person wishing to submit a written statement will be allowed to do so after the con- clusion of the oral statements; (9) the commission will, in its discretion, ask questions of a witness: (10) no member of the audience will be per- mitted to ask questions of witnesses directly; to have a question directed to a witness, the per- son must write the question down and give it to a designated commission representative indi- cating to whom the question should be directed; before the end of the hearing, the commission will review these questions and ask those which It believes will be helpful in eliciting needed in- formation; all questions will be included in the public record; and 01) a written transcript of the hearing will be prepared and included In the public record of the hearing. (d) Hearings on matters of statewide or gen- eral application will be held under the applicable provisions of AS 44.62 (Administrative Pro. cedure Act). (Eff. 4/ 13/80. Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.OS.030 AS 31.0S.030 AS 31.051.060 20 AAC 25.545. PUBLIC MAILING LISTS. Public mailing lists will be maintained by the commission for the purpose of sending appro- priate notices, orders, and publications to 20•S8.14 C ' .'nh•'9{. 1 or; - '_ — 4-F 1 A- 1 4 cl C F -- - - --" - Register 97, April 1986 MISCELLANEOUS BOARDS, COMMISSIONS persons who request to be put on these lists. (Eff. 4/ 13/80, Reg. 74) Authority: AS 31.05.030 AS 31.05.OSO AS 31.05.035 AS 31.05.060 20 AAC 25.550.OATHS. Each member of the commission has the power to administer oaths to witnesses in any hearl. g. investigation, or proceeding conducted under AS 31.05 and this chapter. (Eff. 4/13/80, Reg. 74) Authority: AS 31.05.030 AS 31.05.070 20 AAC 2S.SSS. ORDERS. Repealed 4/2/86. 20 AAC 25.557. SUBPOENAS. (a) The com- mission will, in its discretion, issue subpoenas and subpoenas duces tecum. (b) Subpoenas duces tecum for the production of books, records, papers, or other documents of any sort will, in the commission's discretion, be issued by the commission upon a written request. The applicant must establish that he or she has a proper relation to the matter, and must show the relevance of the evidence sought and the facts expected to be proved by them. (c) The Issuance of a subpoena requiring the attendance of a witness for the purpose of taking oral testimony before the commission will. in the commission's discretion, be issued by the commission upon a written request. The ap- plicant must establish that he or she has proper relation to the matter and give the name and address of the desired witness. (Eff. 4/13/80, Reg. 74; am 4/2/86, Reg. 97) Authority: AS 31.05.030 AS 31.05.070 20 AAC 25.570. DEFINITIONS. In this chapter. unless the context clearly requires otherwise, (1) "abandoned well" means a well that has been plugged as required by 20 AAC 25.105; (2) "abandonment operations" means work performed as required by 20 AAC 25.105 in a dry holo or an oil. gas, service, or suspended well to effect abandonment; (3) "abnormally geo•prossured strata" means 20 AAC 25.54E 20 AAC 25.570 subsurface zones where the pore pressure ex- ceeds the calculated hydrostatic pressure for the depth of the strata using a hydrostatic pressure gradient of O.SO psi/ft; (4) "actual drilling operations" means the actual penetration of ground below the setting depth of structural or conductor casing, which- ever is first set, by the drill bit. using a drilling unit capable of performing the permitted well work, and includes the running of casing, cementing, and other downhole work performed ancillary to formation evaluation, and drilling the well to the permitted depth; (S) "API" means the American Petroleum Institute: (6) "API Specifications" means those API specifications that are in effect at the time these regulations take effect; (7) "API Standards" means those API standards that are in effect on 4/2/86; (8) "API RP" means those API recom- mended practices that are in effect at the time these regulations take effect; (9) "barrel" means 42 U.S. gallons, measured under standard conditions; (10) "BOP" means blowout preventer, which Is a casinghead assembly equipped with special gates or rams or other packoffs which can be closed around the drill pipe. tubing. casing, or tools, and which completely closes the top of the casing to control well pressure; (11) "DOPE" means blowout prevention equipment; (12) "commission" means the Alaska Oil and Gas Conservation Commission; (13) "completed well" means a well that has been drilled and equipped as a producible or service well; (14) "completion operotlons" means the work performed in an oil. gas. or service well after the casing and cementing of the well bore. and includes plugging, perforating, stimulating, 20.58.1 S I // �n rX JL Y ' c A f . T Register 97. April 1986 MISCELLANEOUS BOARDS. COMMISSIONS testing. and equipping the well as a producible or service well; (IS) "day" means a calendar day; (16) "development well" means a well drilled to a known productive pool; (17) "drilling fluid" means any fluid used for the purpose of drilling a well; (18) "drilling permit" means a Permit to Drill (Form 10.401) that has been approved by the commission: (19) "drilling unit" means that area of a pool set by the commission. either by order or regula- tion, to which no more than one oil or gas well may be drilled or produced, (20) "exploratory well' means a well that Is drilled to discover a pool; (2 1 ) "fluid" means any material or substance which flows or moves, whether in a semi -solid, liquid, sludge, gas, or other form or state; (22) "freshwater" moans water having a total dissolved solids concentration of less than 10,000 milligrams per liter that occurs In strata not exempted by 20 AAC 25.440, or water that occurs In strata that supply a source of drinking water for human consumption: (23) "gas ll ratio" means the cubic feet of ps determined under standard conditions, that are produced per barrel of oil produced; (24) "gas well' means a well that pro- duces natural gas from a pool where all of the hydrocarbons in the pool exist in the gaseous phase at the original temperature and pressure conditions of the pool; (2S) "injection" means the subsurface em- placement of fluid for enhanced recovery of oil or natural gas. disposal of water or other oll field waste fluids. or for the underground storage of hydrocarbons that are liquid at standard conditions; (26) "multiple completion" means the com- pletion of a well so as to permit production 20 AAC 25.570 from more than one pool, with the production from each pool completely segregated, (27) "oil well" means a well that produces hydrocarbons from a pool where some of the hydrocarbons in the pool exist in the liquid phase at the original temperature and pressure conditions of the pool; (28) ".operator" means an owner or a person authorized by an owner who is responsible for drilling, development, production, injection and abandonment operations; (29) "potential" means the actual or computed daily ability of a well to produce oil or gas; (30) "property" means a legally described tract of land, submerged or otherwise, to which a person has the exclusive right to drill, extract. remove, clean, process and dispose of oil, gas, and associated substances; (31) "reservoir" means the same as pool In AS 31.05.170: (32) "service well' means a well drilled or completed for the purpose of supporting production in an existing field; service wells are drilled for gas injection, water injection, steam injection, air injection, salt water and oil field waste disposal, liquid hydrocarbon storage, water supply for injection, observation, and Injection for in -situ combustion; (33) "spud date" means the day that actual drilling operations comme :e; (34) "standard conditions" means a temper. ature of 60 degrees Fahrenheit and an absolute pressure of 14.65 pounds per square inch; (35) "stratigraphic test" means a hole drilled for the sole purpose of gaining structural or stratigraphic Information, or both; (36) "suspended well" means a well that has been plugged as required by 20 AAC 25.105 and held in abeyance pending a determination to either complete the well as a service or pro» ducible well or to abandon the well; 2048.16 C (Z r i N 5.35(lndex)-5.35.010 Ch`a8tar.." !ti%..8�1Q-Q8�-tdELLfl 1122u2nn= 5,35,010 Definitions. 5.35.020 Permit. 5.35.030 Streets and alleys. 5.35.040 Well location. 5.35.050 Application and filing fee. 5.35.060 issuance or refusal of permit. 5.35.070 Termination of permit. 5.35,060 Shut-in. 5.35.090 Permittee's insurance and bond. 5.35,100 Permit required for conduits on streets and alleys. 5.35.110 Deeper drilling. 5.35.120 Derrick and rig. 5.35.130 Pits, 5.35.140 Drilling operational equipment. 5.35,150 Premises to be kept clean and sanitary. 5.35.160 Mufflers required. 5.35#170 Storage tanks and separators. 5.35.180 Fence. 5935.190 Noise and other nuisances. 5.359200 Flaring or burning of gas. 5935.210 Piro prevention. 5.35.220 Abandonment and plugging. 5.35.230 Disposal of salt water. 5.35.240 Violation of laws or regulations. 5.35.250 Penalty, 5.35.010 2aginjU2a1Ls (a) The word "person" shall include any individual, firm, partnership, association, corporation, or cooperative. (b) The word "well" shall include and mean any hole or holes, bore or bores, to any sand, formation, strata, or depth for the purpose of producing and recovering any oil, gas liquid 5-17 (City of Kenai Supp. 018 - 9/20/82) IM 14 4 I ter Al 5.35.010-5.35.040 hydrocarbon, or any of them. (c) The word "permittee" shall mean the person to whom is issued a permit for the drilling and operation of a well under this ordinance, and his or its administrators, executors, heirs, successors, and assigns. (d) All technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry. (e) The word "lease" as that term is used herein shall mean any tract of land subject to an oil, gas and mineral lease, or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the free royalty ownership is developed and operated as a separate tract. (Ords 122, 508) 5.35,020 larmit: It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, independent contractor, or servant of any other person, to commence to drill, or to operate, any well within the City limits of the City or to work upon or assist in any way in the production or operation of any such well, without a permit for the drilling and operation of such well having first been issued by the authority of the City Manager in accordance with the terms of this ordinance. (Orris 508, 800) 5.35.030 BLLacta_aGd-8110y.Q= No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the Cityl and no street or alley shall be blocked or incumbered or closed in any drilling or production operation except by special Qermit by order of the City Manager, and then only temporarily. (Ords 508, 600) 5.35.040 idell_LQCQLJQn= No well shall be drilled and no permit sha-ll•be issued for any well to be drilled at any location which is nearer than 200 feet of any residence or commercial building without the applicant having first securcd the written permission of the owner or owners thereof. (Ord 500) 5-18 (City of Konai Supp. #18 - 9/20/82) L f, 5.35.050-5.35.060 5.35.050 (a) Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on hie behalf, and it shall be filed with the City Clerk and be accompanied with a filing fee of $500 in cash. No application shall request a permit to drill and operate more than one well. The said application shall include full information, including the following: (1) the date of said application; (2) name of the applicant# (3) address of the applicant; (4) proposed site of the well, including: name of the mineral owner and surface owner: name of the lease ownerl and brief description of the land; (5) type of derrick to be used# (6) the proposed depth of the well. (Ord 506) 5.35.060 (a) The City Manager, within 20 days after the filing of the application for a permit to drill and operate a well shall determine whether or not said application complies in all respects with the provisions of this ordinance, and if it does, the City Manager shall then fix the amount of the principal of the bond and insurance in accordance with the provision of KMC 5.35.090, and after such determination shall issue a permit for the drilling and operation of the well applied for. Each permit issued under this ordinance shall: (1) by reference have incorporated therein all the provisions of this ordinance with the same force and effect as if this ordinance were copied verbatim in said permit# (2) specify the well location with particularity to lot number, block number, name of addition or subdivision, or other available correct legal description; (3) contain and specify that the term of ouch permit shall be for a period of one year from the date of the permit and ,as long thereafter as the permittee is engagod in drilling operations with no cessations of such operations for more than 120 days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commenced (City of Kenai supp. #18 - 9/20/92) F I. 5.35.060-5.35.070 additional reworking operations within 120 days thereafter as oil or gan is produced in commercial quantities from said, well, except that for good cause the City Manager upon application may extend the 120 day requirements for additional periods of 60 days but for not more than the aggregate of one years (4) contain and specify such conditions as are by this ordinance authorizedl 4� (5) specify the total depth to which the well may be drilled, not exceeding the projected depth; and, (6) contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the City Manager and conditioned as specified in the section below. Said permit, in duplicate originals, shall be signed by the City Manager of the City, and prior to delivery to the permittee shall be signed by the 6. permittee with one original to be retained by the City and one by the permittee)l and when so signed shall constitute the permittoe's drilling and operating license and the contractual obligation of the permittee to comply with the terms of such permit, and such bond, and this ordinance. (b) If the permit for the well be refused, or if the applicant notifies the City Manager in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant be not approved and ... ... the applicant notifies the CityMenager in writing that he wishes to withdraw his application, then upon the happening of said events the cash deposit provided for to be filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the City $100 as a processing fee. (Ords 508, 800) 5.35-070 When a permit shall be issued, the same shall terminate and become inoperative without any action on the part of the City unless within 120 days from the date of issuance actual drilling of the well shall have commenped except during a suspension or shut-in as provided in KMC 5.35.080, the cessation for a like period of the drilling operations or the cessation of the production of oil or gas from I - the well after production shall have commenced, shall operate to terminate and cancel the permit, and the well shall be considered 5-20 (City of Kenai Supp. #18 9/20/62) two 0 Is S.35.070-S.35.090 as abandoned for all purposes of this ordinance, and it shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit except upon application to the City Council said periods may be extended for 60 day periods but not more than the aggregate of one year. (Ord 508) 5.35.000 8but=14: If a well has been drilled which is or can be made capable of Producing gas or oil in commercial quantities but for which there is a lack of either a market at the well or of an available pipeline outlet in the field, said well may be suspended or shut in while the drilling and graduation permit issued hereunder is still in effect, and the rilling and operation permit shall remain effective, and is automatically continued, during such period or periods of suspension or shut-in. The permittee shall give written notice to the City of his intent to suspend or to shut in the well which notice shall present the reasons therefor and indicate the good faith attempts that were made in securing a market or providing for the transportation of the oil or gas. Said suspension or shut-in will be effective for one year from the date of the notice to the City and may be renewed for additional one year Intervals upon review and public resolution by the City Council. During the suspension or shut in the well shall be secured by fence, locks, or other security devices as approved by the City Manager. (Orde 508, 800) 5.35.090$@zQ)j,��a@�B.,IGSI�xaDGQ_al3d..8LtGS�= (a) in the event a permit be issued by the City Manager under the terms of this ordinance for the drilling and operations of a well, no actual drilling operations shall be commenced until the permittee shall file with the City Clerk a bond and a certificate of insurance,. as follows: 5-21 (City of Kenai 8upp. #18 - 9/20/821 L J V i r , L r" .t t •4�' I �+ 7 5,35,090 (1), A bond must be filed with the City Clerk in the principal sum of $25#000 or such greater amount as may have ! been fixed by the City Council. Said bond must be executed ' by a reliable insurance company authorized to do business in j the state, as surety, and with applicant as principal, running to the City for the benefit of the City and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this ordinance in the drilling and operation of the well. Said bond shall become effective on or before the date the same is filed with the City Clerk and remain in force and effect for at least a period of six months subsequent to the expiration of the term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly pay off fines, penalties, and other assessments imposed upon permittee by reason of his breach of any of the terms, provisions, and conditions of this ordinance, and that the permittee will promptly restore the streets and sidewalks and other public property of the City, which may be disturbed or damaged in the operations, to their former conditionsi and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the drilling or producing operations, and will, after abandonment, grade, level, and C restore said property to the same surface condition, as pearly as possible, as existed when operations for the drilling of the well or wells were first commenced) and that the permittee will indemnify and hold the City harmless from any and all liability growing out of or attributable to the granting of such permit. If at any time the City Manager shall deem any permittee's bond to be insufficient for any reason, it may require the permittee to file a new bond. (2) If, after completion of a well, permittee has complied with all of the provisions of this ordinance such as to removing derrick, clearing premises, etc., he may apply.t+o the City Manager to have said bond reduced to a sum of not less than $10,000 for the remainder of the time said well, produces without reworking. During reworking operations the amount of the bond shall be increased to the original amount. (3) in addition to the bond required in paragraph 1 of this section, the permittee shall carry a policy or policies of 5-22 (City of Kenai Supp. 118 - 9/20/82) 0 C 7 vc 7. 7777- ..L�l 5.35.090-5.35.110 standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property demagog naming the permittee and the City, in an insurance company authorised to do business within the state, said policy or policies in the aggregate shall provide for the following minimum coverages: (i) bodily injuries $2509000 one pereon; $500#000 one accident. (ii) property damage $2009000. (III) workmen's compensation insurance and shall furnish a certificate thereof to City; (iv) the permittee enall elan execute an agreement to save the City harmless from all actionag suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the permittee, its agents, employees, invitees, or arising from the permittee's operation and privileges granted hereby and pay all costo connected therewith. (b) Permittee shall file with the City Clerk certificates of said insurance as above etatedg and shell obtain the written approval thereof by the City Manager, who shell act thereon within ten days from the date of ouch filing. Said certificates shell recite that the insurance policy or policies shall not be modified or cancelled without written notice delivered to the City Clerk at least 30 days prior to the effective date of ouch cancellation. In the event said insurance policy or policies are concelledg the permit granted shell terminate, and permittee'e rights to operate under said permit shall cases until permittee files additional insurance so provided herein. (Ords 508, 800) 5.35.100 Permit Required for Conduits on Streets and Allaye: No permittee shalt maTce any excavationo or construct any lTnes for the conveyance of fuel, water, or minerals, on, under, or through the streets and alleys of the City without express pormisaion of the City Manager, in writing, and then only in strict compliance with the ordinancee. (Orde 5089 800) 5.35#110 Deeper Drilling: (a) Once any well has either been completed as a producer or abandoned as a dry hole, it shell be unlawful and an offense for any person to drill such we " deeper depth then that reached in the prior drilling opera without the permittee as to such well obtaining a suppleme permit after filing a supplemental application with the C1 Clark specifying: 5-23 (City of Kenai Supp. #35 - 4/8/85) m I ,." r '��' ., r � r is 5.35.110-5.35.130 (1) the then condition of the well and the cooing therein; (2) the depth to which it ie proposed ouch well be deepened; (3) the proposed cooing program to be used in connection with proposed deepening operations; (4) an evidence of adequate current testa showing that the cooing strings in said well currently passed the same taste as are in this ordinance provided for in case of the drilling of the original well. (b) In the event the City Manager Le eatisfied that said well may be deepened with the same degree of safety as existed in the original well, a supplemental permit may be issued without an additional filing fee to the permittee authorizing the deepening and operation of the well to ouch specified depth so applied for. (c) In any deeper drilling or any deeper completion of any deeper production operations, the permittee shall comply with all other provisions contained in this ordinance and applicable to the drilling, completion, and operation of a well ur wells. (Ords 508, 800) 5.35.120 Derrick and_Rigs It shell be unlawful and an offense for any person to use or operate in connection with the drilling or reworking of any well within the City limits, any wooden derrick or any steam -powered rig, and all engines shall be equipped with adequate mufflers approved by the City Manager, or to permit any drilling rig or derrick to remain on the promisee or drilling site for a period longer then 60 days after com- pletion or abandonment of the well. At all times from the start of erection of a derrick, meet, or a gin -pole, until the well is abandoned and plugged or completed es a producer and enclosed with a fence as herein provided, the permittee shall keep a watchmen on duty on the premises at all times; provided, however, It shell not be necessary to keep an extra watchman on duty on the promisee when other workmen of permittoo are on said promisee. (Ord 508) 5.35.130 Pita: (a) Steel reserve and storage pits shall be used in connection with all drilling and reworking operatione. Such pits and contents shell be removed from the drilling site and the City of Kenai within 60 days after completion of the well or cessation of drilling activity. (0rd 5089 8001 1013) (City of Kenai Supp. 035 - 4/8/85) 5-24 t � _ .. � i, 't � I• U16 i s- == 5.35.140-5.35.170 5.35.140 Drilling Operationei Equipment: All drilling and operation at any well erformed by a permittee under this -` ordinance ahell be conducted in accordance with the best practices of the reasonably prudent operator. Each permittee under this ordinance shall observe and follow the recommendations and/or regulations of the American Petroleum Institute, the State of Alaska Oil and Gee Conservation Commission, the United States Department of the Interior Geologic Survey Minerals Management Service, and any other government agency having authority with .` '. respect thereto. (Orde 508, 800) io. ` 5.35.150 Promises to be Kept Clean and Sanitar s The premises shall a kept in a clean and sanitary con Lion, free '- from rubbish of every character, to the satisfaction of the City T Manager, at all times drilling operations of reworking operations " are being conducted, and as long thereafter as oil and/or gas is `"- being produced therefrom. It shall be unlawful for any per- . mittee, their agent or employee, to permit within the corporate limits of the City, any mud, water, waste oil, reserve, or other >T` waste matter from any reserve, pit, storage tank, or oil and/or gee well located within the corporate limits of the Cit # or from any promises within the City, developed or being developed for oil and/or gas purposes, into the alleys, streets = Iota, land, or losses within the corporate limits of the City. (Ord 508) =_ 5.35.160 Mufflers Required: Motive power for all opera- �l`' - tione after completion odriiiTng operations shell be electri- rM citX or properly muffled goo, gasoline, or diesel engines. (Ord .' 508 ) 5.35.170 Storage Tanks and Separators: It shall be unlawful and en orrenee for anyperson to ueo construct, or operate in connection with any producing well within the City limits any crude oil storage tanks except to the extent of two - —_- steel tanks for all storage, not exceeding 500 barrels capacity each and so oonetructed and maintained as to be vaportight. A permittee may use, construct, and operate a steel conventional separator, and ouch other steel tanks and appurtenances as are -` •' necessary for treating oil with each of euch facilities to be so constructed and maintained as to be vaportight. Each oil, gas separator shall be equipped with both a regulation pressure - relief oefety valve and a bursting head. All ouch tanks and separators shall be placed underground. Any oil or gas produced may be transported outoide of the City limits by underground pipelines. (Ord 508) .e4-- 5-25 (City of Kenai Supp. #35 4/6/85 ) _ S : — `_ Y- - r::_ _ �L. _�;�_-yam"• ,,.,.,..,,�,�aa ---'- __ n;. .._. --- ... ...---<s :..�—,-__•cam .. ..�_. I F 5.35,180-5.35.210 5.35.180 Fenco: Any peroon who completes any well ea a producer shall have the obligation to enclose said well, together with its surface facilities, by a subetantial fence sufficiently high and properly built so so to ordinarily keep persona and animals out of the enclosure with all gates thereto to be kept locked when the permittee or hie employees are not within the enclosure. (Ord 506) 5.35.190 Noise and Other Nuieances: All oil operetione, drilling, and production operations shall be conducted in ouch a manner as to eliminate, as far as practicable, duet, noiee, vibration, or noxious odors, and shall be in accordance with the beet accepted practices incident to exploration for, drilling for, and production of oil, gee, and other hydrocarbon sub- stances. Proven technological improvements in exploration, drilling, and production methods shall be adopted ea they become, from time to time, available, if capable of reducing factors of nuisance and annoyance. (Ord 508) 5.35,200 Flaring or Burning of Gags No permittee engaged in the drilling or operation oan oil and/or gas well within the corporate limits of the City, shall permit to escape into the air or to flare or burn gee from a torch or any similar means within the corporate limits of the City, except that gas may be burned for a limited time when necessary to complete an oil and/or gee well upon the original completion or upon the recompletion of work over Jobe upon oil and/or gas well, so long as the same does not constitute a fire hazard to the property of others within the vicinity of ouch oil and/or gas well. (Ord 508) 5.35.210 Fire Prevention: (a) It shall hereafter be unlawful to operate a we or oil and/or goo without a four inch header being laid over the top of the tanks and a 2 1/2 inch line extending from the tank battery to a point 200 feet from said tank battery. The manner and method provided for connection at said point shall be determined by the City Fire Department so that foomite or other chemicals may be pumped through such line and the header on the tanks into ouch tanks to extinguish fires s in the tanks. (b) Adequate fire fighting apparatus and supplies, approved by the City Fire Department shell be maintained on the drilling site at all times during drilling and production operations* All machinery, equipment, and installations on all drilling sites within the City limits shell conform with ouch requirements as may from time to time be isoued by the Fire Department. (Ord -T 508 ) r; 5- 26 (City of Kenai F` Supp. 035 - 4/6/85) :- _ Y r 5.35.220-5.35.250 5.35.220 Abandonment and Pluagin p Whenever any wall is abandoned it shall a the ob"ILgatlon of the permitteo and the operator of the well to set a 200 foot cement plug in the bottom of the surface cooing with the bottom of the pluq 100 feet below the surface cesing section, and the top of the plug 100 feet above the surface toeing section; and to set a 50 foot cement plug in the top of the surface cooing. No surface or conductor etring of cooing may be pulled or removed from a well. During Initial abandonment operations it will be the obligation of the permittee and the operator of the well to flood the well with mud -laden fluid weighing not lose then ten pounds per gallon, and the well will be kept filled to the top with said mud -laden fluid at all times; mud -laden fluid of the above specifications will be left in the well bore below and between cement plugs. Any additional provisions or precautionary measures prescribed by the state or the commission of the state in connection with the abandonment and plugging of a well shell be complied with by the permittee. (Ord 508) 5.35.230 Disposal of Salt Waters Permittee shell make adequate provis one for the disposal of all salt water or other impurities which he may bring to the surface, such disposal to be made in ouch manner se to not contaminate the water supply, present or prospective, or to injure surface vegetation. (Ord re) 5.35.240 Violation of Laws or Regulations: Any violation, of the laws of The state or any ru es, regulat one, or require- ments of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gee well or related appurtenancoo, equipment or facilities, or in reference to firewalls, fire protection, blow-out protection, safety protection, or convenience of persons or property, shall oleo be a violation of this ordinance and shell be punishable in ac- cordance with the provisions hereof. (Ord 508) 5.35.250 PPeenaltys (a) It shall be unlawful and an offense for any person -to—violate or neglect to comply with any provision hereof irrespective of whether or not the verbiage of each section hereof contains the specific language that ouch violation or neglect Is unlawful and is an offense. Any person who shell violate any of the provisions of this ordinance, or any of the provisions of a drilling and operating permit ioaued pursuant hereto, or any condition of the bond filed by the permittee pursuant to this ordinance, or who shall neglect to comply with the torma hereof, shell on conviction thereof, be fined in any sum not lose than $5 nor more than $100; and the violation of each separate provioion of thin ordinance, and of said permit, rM% (City of Kenai Supp. 035 - 4/8/85) I I I I - -yam_• L 5.35.250 and of said bond, shall be considered a separate offense, and each day's violation of each separate provision thereof shell be considered a separate offense. In addition to the foregoing penalties, it is further provided that the City Council at any regular or special session or meeting thereof, may, provided ten days notice hoe been given to the permittee that revocation is to be considered at such meeting, revoke or suepend any permit issued under this ordinance and under which drilling or producing operations ere being conducted in the event the permittee thereof hoe violated any provision of said permit, said bond, or this ordinance. In the event the permit be revoked, the permittee may make application to the City Council for a reisouence of ouch permit, and the action of the City Council thereon shall be final. (b) In addition to, or as an alternative to the penalty eforementioned, any person violating this title shell be subject to a civil penalty of not more than $100. Each and every day the violation continues shall be deemed a separate and distinct violation. In addition a civil injunction or temporary reetreining order may be obtained in order to obtain ir---" `- compliance with the provisions of this title and the C apply for its reasonable court costa and attorney fees bringing the civil litigation. (Ords 123, 508) 5-28 (City of Kenoi Cann_ 4lS — G/A/A41 :} • 3 OL SUBSTITUTE 1 Sugger+ted bys Administration CITY OF KENAI ORDINANCE N0. 1151-66 4 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.35 ENTITLED "OIL AND GAS - +� WELLS" BY REPEALING SECTION 5.35.090 ENTITLED "PERMITTEE'S - INSURANCE AND BOND." - s WHEREAS, KMC 5.35.090 entitled "Permittee'e Insurance and Bond" 1 relevant to gas wells is in large part diiplicitoue of State rules and regulations; and,< WHEREAS, the State hoe a comprehensive scheme of ruleo and 4�11 regulations covering this subject; end, WHEREAS, the City of Kenai hoe neither the resources nor expertise for effective, comprehensive regulation; and, WHEREAS, the State of Aleeke hoe personnel, resources and purported expertise for the comprehensive regulation of oil and gee walla; and,; WHEREAS, the existing municipal regulatory scheme works to the disadvantage of small operators and to the advantage of large corporate entities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 5.35.090 entitled "Permittee'e Insurance -, and Bond" ie hereby repealed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th - day of July, 1986. _ TP -WAGONER, MAYOR ATTEST: Jonef Relent City Clerk First Readings July Z, 1986 *ti Second Readings July 16, 1986 ". Effective Dates August 16, 1986 6/26/86 -3 o .,♦ ti n '4 2 SuggestedSUBSTITUTE bys Administration CITY OF KENAI ORDINANCE No. 1151-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KENAI MUNICIPAL CODE CHAPTER 5.35 ENTITLED "OIL AND GAS WELLS." WHEREAS, Kenai Municipal Code Chapterrelevant to Oil and 5.35 77- goo we lie is in large part duplicitous Of State rules and regulations; end, WHEREAS, the State hoe a comprehensive scheme of rules and regulations covering this subject; end, WHEREAS, th 0 City of Kenai has neither the resources nor expertise for effective, comprehensive regulation; end, d WHEREAS' the State of Alaaka has pereonnelt resources an 9 sive regulation of oil and purported expertise for the comprehensive gag wells; and, WHEREAS, the existing municipal regulatory schemeworks to the disadvantage of email operators and to the advantage Of large .A corporate entities; end, WHEREAS, the present municipal regulatory scheme hoe and will substantially impede the area economy; and$ A- immediate economic need to promote the WHEREAS, there is an exploration and development of oil and goo in the area, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKAt that Kenai Municipal Code Chapter 5.35 entitled "Oil and Gas Wells" is hereby repealed. -,J Alt ALASKA9 this 16th day PASSED BY THE COUNCIL OF THE CITY OF KEN of July, 1966. TOM WAffWRq MAYOR Bpi V_ , : - .... ..... ATTEST s 39net Whelant City er First Readings July 29 1986 Second Readings July 169 1986 Effective Dates August 169 1966 Aproved By City Attorneys 6/26/06 L :.q 0 c t� �r t SUBSTITUTE 3 Suggested bys Administration j CITY OF KENAI ORDINANCE NO. 1151-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.35 ENTITLED "OIL AND GAS WELLS" BY REPEALING SECTION 5.35.090 ENTITLED "PERMITTEE'S INSURANCE AND BOND" AND DECLARING AN EMERGENCY. WHEREASO KMC 5.39.090 entitled "Permittee'e Insurance and Bond" ' relevant to gas wells is in large part duplicitoue of State rules # and regulations; end, WHEREAS, the State hoe a comprehensive scheme of rules and regulations covering this subject; end, WHEREAS# the City of Kenai has neither the resources not expertise for effective, comprehensive regulation; and, WHEREAS, the State of Alaska hoe personnel, resources and t. " M purported bxpectise for the comprehensive regulation of oil and goo wells{ end, WHEREAS, the existing municipal regulatory scheme works to the disadvantage of small operators and L•o the advantage of large corporate entities; end, WHEREAS, in the judgment of the Council of the City of Kenai, it is necessary for the promotion and immediate preservation of the public peaeep health or safety, that the repeal of KMC 5.35.090 become effective no soon as poesible, thereby necessitating the delineation of this ordinance as an emergency pursuant to KMC 1.15.070(4) and Charter Section 2-13. NOWO THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKAf that KMC 5.35.090 entitled "Permittee's Insurance and Bond" is hereby repealed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 1986. ATTESTS Janet a an, City Clark First Readings July 29 1986 Second Readings July 2# 1986 _ Effective Dates July 29 1906 6/26/66 F' • I .. .. al F CP SUBSTITUTE 4 j I Suggested byt Administration CITY OF KENAI INANCE N0, 1151-66 IL OF THE CITY OF KENAIO ALASKA, CODE CHAPTER 5.35 ENTITLED "OIL AND GAS MERGENCY. Code Chapter 5.35 relevant to oil and t duplicitous of State rules and comprehensive scheme of rules and 1 subject; end, ii hoe neither the resources nor comprehensive regulation; end, 39ke hoe personnel, resources and the comprehensive regulation of oil and nicipal regulatory scheme works to the Orators and to the advantage of large icipal regulatory scheme hoe and will area economy; andp iediate economic need to promote the ient of oil and gas in the area* of the Council of the City of Kenais it emotion and immediate preservation of the safety, that the repeal of KMC 5.35 1 as poeeiblet thereby necessitating the lnonce so an emergency pursuant to rter Section 2-13. a +r�r.rr�aie ••�� NOWt THEREFORE9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI9 ALASKA, that Kenai Nunicipal Code Chapter 5.35 entitled "Oil and Goo Welle" is hereby repealed. PASSED BY THE COUNCIL OF THE CITY OF KENAI9 ALASKA, thie second day of Julyj 1986. ATTEST: Janet Whelent City Clock 6/26/86 Firet Reading: July 2t 1986 Second Reeding: July 29 1986 Effective Date: July i, 1986 C* r IN Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1152-66 AN ORDINANCE OF THE COUNCIL Of THE CITY OF KENAI, ALASKA, INCREASING REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING FUND BY $3590243. WHEREAS, the Council of the City of Kenai has reviewed requests from the City Administration for appropriations of Federal Revenue Sharing Monieei end, WHEREAS, determination has been made concerning the desirability of and the need for the purchase of certain assets and supplies for the Cityi and, WHEREAS, adequate funds are available in the Federal Revenue Sharing Fund. NOW9 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF C KENAI, ALASKA, that: Section 1: The 1986-67 annual budgets of the City of Kenai be amended to include the items listed on Exhibit A, which is attached and made a part of this ordinance. Section 2: Estimated revenues and appropriatione be increase— d as Follower Federal Revenue Sharing Fund Increase Latimeted Revenueos Appropriation of Fund Balance 1359,243 Increeee Appropriations: Transfers to General Fund $3340243 Transfers to Capitol Projects Fund 250 0 General Fund Increase Letimeted Revenues: Tronefere from Federal Revenue Sharing Fund 133.4-..41 Increase Apppropriatione: Clerk - Machinery end Equipment ; 39500 O Legal - Machinery dnd Equipment 39500 1 W A ro g � - l Finance - Machinery and Equipment 39500 Planning & Zoning - Machinery and Equipment 39500 Public Works Admin. - Machinery and Equipment 60000 Non -Dept. - Repair and Maintenance 400650 Non -Dept. - Operating Supplies 60000 Streets - Machinery and Equipment 1819500 Buildings - Machinery and Equipment 16,200 Shop - Machinery and Equipment 13,700 Animal Control - Machinery and Equipment 3,800 Fire - Repair and Maintenance 240000 Fire - Machinery and Equipment 3,970 Recreation - Repair and Maintenance 90000 Recreation - Machinery and Equipment 19923 Beautification - Operating Supplies 69000 Library - Machinery and Equipment 7.500 !!ii== 4,243 Capital Projects Fund - Ballfiold ---increase Estimated evenueso Transfer from Federal Revenue Sharing : 25�, Increase Appropriations: Construction Goa PASSED BY THE COUNCIL OF THE CITY OF KENAIO ALASKA, thin 16th day of July l 1966. ATTEST: -Janet Whelan, City Clerk Approved by Finances C-W 6/27/86 First Reading# July 2, 1986 Second Reading: July 169 1986 Effective Dates July 16v 1906 2 I F Exhibit A Federal Revenue Sharing List Clerks Computer Legal: Computer Finance: Computer p 6 Z: Computer Public Works Admin.: Computer Public Works Admin.: Blue Print Machine Streets: Loader Mounted Snow Blower Streets: Angle Blade for 966 Loader streets: Loader Buildings: Van Buildings: Telescoping work platform Shop: Tire Balancer Shop: Brake/rotor Lathe Shop: Electric Welder and accessories Shop: V Drive Air Impact Wrench Animal Control: Alarm System Animal Control: Euthanasia Chamber Fire: Replace Ceiling Fire: Replace Carpets Fire: Replace Light Fixtures Firet Hurst Cutting 'Pool Fire: Hose Reel Parks: Ballfield Recreation: Replace Carpet Recreation: Recreation Center Security Beautification: Christmas Lights Library: Newebank Equipment Non -Dept.: Senior Center Carpet Non -Dept.: Banners Non -Dept.: City Hall Painting Non-Dept.t City Hall Carpet *Capital Project N t i i 9 3,500 *""T 3,500 ' 3,500 3,500 3,500 2,500 91,500 10,000 80,000 a 13,700 2,500 2,700 U 5,800 3,200 2,000 1,800 2,000 7,000 11,000 6,000 2,300 1,670 25,000* 90000 1,923 6,000 7,500 17,000 6,000 22,000 0 i .Q hhF o 7, ! G r CITY OF KENAI ALASKA ORDINANCE NO. 1154-86 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 972-84 TO CHANGE THE REDEMPTION FEATURES ON THE $2,850,000 GENERAL OBLIGATION BONDS OF THE CITY. WHEREAS, Ordinance No. 972-84 (the "Bond Ordinance") passed by the City of Kenai, Alaska (the "City") on October 5, 1984 authorized the issuance of $2,850,000 of general obligation bonds of the City for the purpose of planning, designing, acquiring and constructing improvements to the road, sewer and water system and related capital improvements in the City (the "Municipal Bonds"); WHEREAS, pursuant to Section 18 of the Bond Ordinance the Municipal Bonds were sold to the Alaska Municipal Bond Bank (the "Bank") on the terms and conditions sat forth in the Loan Agreement approved by Resolution No. 84-22 of the City and the Bank financed the purchase of the Municipal Bonds through the issuance of Bank Bonds; WHEREAS, the Bank has informed the City that a refunding of the Bank Bonds will effect a reduction in interest payable thereon; WHEREAS, Section 7 of the Loan Agreement authorized the refunding of the Bank Bonds; L. 1 — CITY OF KENAI, ALASKA PROA 2 Ordinance No. 1154-86 WHEREAS, the savings incurred by refunding the Bank Bonds will accrue to the City; WHEREAS, it is deemed necessary and advisable and in the best interest of the City and its inhabitants that the Bank Bonds be refunded and to assist said refunding that the redemption features of Municipal Bonds be amended by the City Council; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. The definitions in the Bond Ordinance shall have the same meanings set forth therein. Section 2. Section 10, entitled Redemption of Bonds in the Bond Ordinance is amended to read as follows: Section 10. Redemption of Bonds. The Bonds maturing on or after October 1, 1997, shall be subject to redemption by or on behalf of the City prior to maturity and upon notice as hereinafter provided, as a whole or in part in inverse order of maturity on any interest payment data on or after October 1, 1996, at a redemption price equal to the principal amount of each Bond to be redeemed, together with interest accrued thereon to the redemption date. If less than all of the Bonds of like maturity are to be redeemed, the particular Bonds to be redeemed shall be selected in inverse numerical order. Section 3. The Mayor, City Manager or Finance Director or any of them are authorized to do all things and execute all documents necessary to effect the aforesaid amendment including, without limitation, execution of an amendment to the Loan Agreemont entered into connection with the Municipal Bonds and the Bank Bonds providing for reduction in intorost payments due A80331 11 ., J' Y I _ _ l S f4/jl •. 777 'r r CITY of KENAI, ALASKA Page 3 ordinance No. 1154-86 thereunder and an amendment to the Municipal Bonds consistent with the amendment in Section 2 hereof. PASSED by the Council of the City of Kenai, Alaska, this 16 day of JulY , 1986. TOM WAGONER, Mayor A T T E S Tt JANET WHELAN, City Clerk First Readings July 2. 1986 2nd Readingt July 16, 1986 Ef. f . Data: August 16, 1986 . 1 CHAIRMAN: 601 NEST FIFTH AVENUE = WINTHROP T. MOVEV f1UN0 p� A ' SUITE 430 ` ANCHORAGE, ALASKA99MI BOARD MEMBERS: '' ��:�. 1907) 274.7360 _ MARV NOROALE _ EMIL NOTTI .s :t; GLENDA ANODES EXECUTIVE DIRECTOR: = 1; MICHAEL B. BALAZAR PERRV T. DAVIS „ R -- - ALASKA MUNICIPAL BOND BANK AUTHORITY .,1 . .= n June 27, 1986 Mr. Charles A. Brown Finance Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Charles: This letter follows up on your recent conversation with John Moore of Shearson, our financial advisor. In 1984 the City of Kenai issued bonds to the Bond Bank. in order to refund these bonds and pass the debt service savings back to you, we need your official consont to amend the redemption features of the municipal bond you sold to the Bond Bank in 1984. The provision to call bonds in 1994 needs to be changed to permit the call of the bonds in 1996. A draft of the ordinance that has to be passed is attached. We understand the proceedings for the adoption of the ordinance are as follows: July 2, 1986 Introduction of Ordinance No later than July 10 Publication of Notice of and once thereafter Hearing in Newspaper July 16, 1986 Hearing and final adoption of the Ordinance Please be sure and send us a newspaper clipping of the notice and minutes of meetings as croon as they occur. We would appreciate your action on the amondmont ao soon as possible so that the rands can be sold in the currently favorable market. further questions can be answered by John Moore at 206/344.5880 or Lorna Ferguson at 312/917-7936 or myself at 907/274-7366. With thanks for your cooporation. Ni nce Perry Drxvia Executive Director A6043S J 41 ... f o r: ]: 1 -.--- A I �"i 0 6-.6 Suggested by: Public Works Department CITY OF KENAI ORDINANCE NO. 1153-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 19.20.030 ENTITLED "INSURANCE REQUIREMENT. WHEREAS, some insurance companies will no longer approve amendments to certificates of insurance ref acting language in KMC 18.2O.030(a)(2); end, WHEREAS, only a few insurance companies will alter the wording on the certificates of insurance; end, WHEREAS, the cancellation wording has no relation to the types and amounts of coverage afforded under KMC Title IS. NOW ' THE KENAI,HEREFOREt BE ALASKAO thatIKMCRDAINED BY 18.2O.030 isEamendedLasFfollows'Y OF 16.20.030 Insurance Requirements (a) Before the issuance of a yearly licenoot the contractor shall provide to the City certificates of insurance evidencing: (1) Not less than $i5OO900O combined single limit bodily injury and property damage. The applicable certificate of insurance shall clearly indicate that the property damage liability coverage includes hazards from underground work, explosion, collapse and damage to underground wires, conduits, pipes, fittings, mains, sewers and a similar docmeKMCu18r.20.040nhoenity beenrequired incorporateduant intotandhmadeopartons of of the applicable inourence policy. (2) The Certificate of Insurance provided must contain the following clause (or a similar clause ma=ng the same provioions)I "In the event of cancellation of the above contract of inourence, the Company or Underwriters will endeavor to give not lees then thirty (30) days' advanc— a notice '6y mail to the party to whom this certificate is ieaued, at the address hereint which shall be sufficient proof of notice. [THIS PROGRAM SUPERCEDES AND REPLACES THE CANCELLATION CLAUSE PRINTED IN THE FORM, IF ANY.]" if the form of certificate used by the contractor's insurer containdoes not cancellation e compl,ying abovet thenthe aboveclause must obecsubstituted forhthee clause in the form. 1 1 -' (3) Workmen's compensation insurance in accordance with the - t. • i + laws of the State of Alaska. F` PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of +►, 1986. WAGONER,TOM MAYOR " ATTEST: t 0 tJanet Whelan# City Clerk Approved by Public Works: �-- First Reading: July 29 1966 -- Second Readings July 16, 1986 Effective Dates August 16, 1986 6/27/86 i •� rr Zi ` I n fi F il• ... r r - f' . d 18.20.005-18.20s030 I F 18.20.005 Excavations in City Streets by-Contractore or Utility Companiois to) outility company, person, or legal entity conducting any excavating activities shall perform any work in or under public lands or public right-of-ways or in any public utility easement within the City without first having been grenteds (1) a yearly license therefor as set forth in KMC 18.20, and (2) a permit for the individual excavation or street opening contemplated as set forth In KMC 113.25. Said yearly license and street opening permit shall be obtained from the City Public Works Department. "Excavating" means the removal, carrying away, backfillingg tunnelling, bulldozing, digging out# leveling, clearingg or moving of earth or soil by manual or mechanical means. "Contractor" means any individual, utility company, or legal 6ntit conducting any excavating activities, (Ords 1959 479, 8635 113.20.010 Yearl License Requireds Before performing any excavation work as derined above# a contractor so wishing to excavate shall secure from the City Public Works Department a yearly license which shall expire an December 319t In the year in which it is issued. The purpose for requiring this license Is to Insure the public safety by requiring contractors who wish to excavate In public streets or rights -of -way to fulfill the following requirements. (Ord 479) 18.20.020 Bond Requiredt Before the issuance of a yearly license# the contractor shall obtain maintenance and construction bond In the amount of $59000. Said bond shall he conditioned to Indemnify the City for any l000g liabilityg or damage that may result or accrue from or because of the makingg existence, or manner of guarding or construction of any ouch tunnol or ox- covation. Such bond shall have no surety a corporation licensed to do business in the state no surety company. In lieu of a corporate bond, a deposit of $5p000 in a certified check at cashier's check, no security depooitt shall be deposited with the City of Kenai. (Ord 479) 18.20.030 Insurance Resuirementt (a) Before the Issuance a, of a yearly liCOAGO, the contractor shall provide to the City certificates of insurance evidencing: (1) Not less then $500,000 combined single limit bodily Injury and property damage. The applicable certificate of insurance shall clearly indicate that the property damage 18-6 (City of Kenai Supp. 027 - 3/1/84) A 18.20.030-iii.20.060 � liability coverage includes hazards from underground work, l t_Y explosion, collapse and damage to underground wires, conduits, piped, fittings, mains, sewers and a similar document of indemnity required pursuant to the provisions of KMC 18.20.040 hoe been incorporated into and made part of ` the applicable insurance policy. (2) The Certificate of Insurance provided must contain the _ following clause (or a similar clause making'Me Dome p rovisions)s "In the event of cancellation of the above contract of Insurance, the Company or Underwriters will give not lose then thirty (30) days' advance notice by mail to the party to whom this certificate is iosued, at the address herein, which shell be sufficient proof of notice. This program oupercedoo and replaces the cancellation clause printed in the form, if any." If the form of certificate used by the contractor's insuror does not contain a cancellation notice complying with the above, then the above clause must be substituted for the clause in the form. (3) Workmen's compensation insurance in accordance with the • Iowa of the State of Alaska. (Orda 479, 863) —r1 8.20.040 Indemnity Agreement Re uireds Before the issuance of a year y license, the contras or shall execute a document of indemnity eaving the City hermleos against any lose or damages due to the negligence of the contractor or his ogenta and employees while the excavation or pipelaying work to being performed. (Ord 479) 10.20.050 Fee for Yearly Licenoni In order to defray administrative costa in process ng yearly licori000 by the City administration, before the issuance of a yearly license the contractor shell pay a yearly license fee of $25. (Ord 479) 18.20.060 Waiver of Bond and Insurances The Public Works Director may waive the bonding and incurance requirements herein for contractors porforming City projects when equally eufficient bond and insurance protection for the City is provided by the terms of the contract entered into by the City for such project. The bonding, inouranco, and indemnity requirements shall be waived for local utility companies where equivalent bonding and insurance have otherwise been provided covering the City. (Ord 479 ) 18-7 (City of Kenai Supp. 027 - 3/1/84) a I yf^�. a A a 7 I:• n- _,. - o ,s SOUTH CENTRAL INSURANCE INC. V THE INSURANCE CACHE May 15, 1986 �J a DRAWER 660 SOLDOTNA, ALASKA 95669 TELEPHONE:262.4426 i City of Kenai 210 Fidalgo Kenai, Alaska 99611 ATTENTION: Tim Rogers -City Attorney Re: Ross Services Door 11m: We dlsruKaed by phone, today, the problems that have come up regarding the City's rejection of the Certificate of Insurance for this contractor. We are not able to get INA, the insurance carrier, to amend the cancel- lation wording on the certificate. Furthermore, we do not represent any insurance companies that will alter the wording on the certificate. I should point out that the cancellation wording has no relation to the types and amounts of coverage afforded by INA to Ross Services. You further indicated that the City was asking for a "waiver of eubroga- tion". This again is a requirement Lhat is not readily provided by INA or again, any of the companies we represent. Some of the carriers will provide it on a case by case basis after it is reviewed by their legal department. As you can imagine this is a time consuming process. In the case of INA, the "waiver" would have to be sent to their home office in Philadelphia for approval prior to issue. There is no guarantee at this time, that approval would be granted. This is a typical scenario for all insurance carriers in the current market situation. The immediate problem for Ross Services is that they need to secure an excavation permit on 5/16/86, so that they can start work on 5/1.9/86 on the water line for the new Homer Electric-Poninaula Service Center. I ask that the City accept the standard certificate for Ross Services, since he is carrying what would seem to be adequate coverages. I am returning the certificate to you in hopes that it will be acceptable. Please give m., a call if you need additional information. Sincerely, Sill Frazer •��'qA.. BF/cd 0. 1 _._-I.. - �i' Maawr A s `� i CITY OF KENAI ' d Car" 4 oWaew" () 210 RIM140 MAh UMM N011 TRAPMONB 4/ - M5 March 289 1986 South Central Insurance DBA The Insurance Cache 170 Corral Street, Suite 1 Soldotne, AK 99669 SUBJECT: BRYON ROSS, DBA ROSS SERVICES INSURANCE ACORD FORM I have enclosed the Acord Form dated May 6, 1986 which replaced Certificate dated April 229 19869 received from you today. After reviewing the replacement certificate it appears the only difference on it from the one issued in April is a correction in 'the policy number for automobile liability coverage (CAL 4177204 to CAL 417204). However, in the process of correcting the ecord form, the language required by the City was left out. The City of Kenai requires the cancellation clause used on the Acord Form to read so followos Should any of the above described policies be cancelled before the expiration date thereof, the ieeuing company will mail 30 days written notice to the below named certificate holder. Therefore, pl0000 omit "endeavor to" and "but failure to moil ouch notice shall impose no obligation or liability of any kind upon the company." Unfortunately, until the Insurance Acord Form is complete the excavation permit, which woo issued to Rose' Service on April 24, 1986, with the Acord Form dated April 229 1986 will be on hold. Thank you for your help in this matter. Sincerely, Q andra Wrig t, Adm. Aaet. Public Works apartment ow Enclosures Acord Form EG 0 .., � 18OUE OATS LMMIDWY : PRODUCER REPLACES CERTIFICATE DATED 4/ 22 /8( AND CONiEM THM er pleAAN IS MURO AS A o v SOUTH CENTRAL INSURANCE �TIC NIlOIT1110 OIIUALTI[RTHE&0'vE111AT0d ►010[0 SIT POLICIES ELO _ -_ _- DBA THE INSURANCE CACHE _ 170 CORRAL STREET SUITE ONE COMPANIES AFFORDING COVERAGE 4 :. SOLOOTNA, AK 99669 F. , J, TEL:907262.4425 ��RY A INA/CIGNA _• ' COTMTPANY 0 Fireman's Fund Ins. INSURED -- Byron Ross COMPANY C € Ross Services BOX 634 COMPANY 0 LETTER . Soldotna. Alaska 99669 L PER Y B Y NOTVATHeTANOIN0 ANY RQOUIREMHNTNTaRM Op CONDrr10N 0P ANY C1 T ISSUEDORROP N MAY PBRTCIEtIN, THE INSUUNCEI APPOROEID OV TND POLICI Lcol T TYPE OF INSURANCE POLICY NUMBER CBNERAL LIABILITY "; T A COMDREHENSNE FORM D10182761. } * 1PJRNEIMIISpE&OOPERATIONS EIWlE09lON 6DCOLLAPSE HAtARO _..' PRODUCTSICOMPLETEOOPERATIONS CONTRACTUAL JI fZ `�' • !, ... . I INDEDENDENT CONTRACTORS •'�� ; ` ' ' '' �'� BROAD FORM PROPERTY DAMAGE •-''�' : A� X PERSONAL INJURY 4 AUTOMOBILE UAOIUTY ANY AUTO ALL OWNED AUTOS (PAN. PASS 1 > ALL 0010 AUTOS (DRNRPASBN) HIRED AUTOS } NON -OWNED AUTOS • pARAOE LIABILITY MZswc.Wad_Autnn CAL417204 SKCSSS UASIUTY UMBRELLA fORM XB0G07488683 OTHER THAN UMBRELLA FORM 1 B WORKIIIIEI' COMPENVAt1ON r. a AND 85WS391708 SMPLOVERS' LIABILITY - F � OTIIEUI f - = I + DESCRIPTION OF OPBRATIONBALOCATIONSNEHICL.E&SPECIAL ITEMS dIALOMEL —_ City of Kenai • - �� Kenai, Alaska 99611 _ - � 1 f F 1 • l ,. 1. 1Vj VOtICVEilfttlVt CAI[ lNMN01VV1 POU¢YFx AAA OATee IM1k00/YV1 '' 0WI • "^'•�'^ •••••"•••••-- � IWURY I AOOR811ATfl Y� s 10/13/85 10/13/86 CRAMAAD8Y $ spa COMB 0 6 500 s 300 10/13/851 10/19! 7/25/83 1 7/25/86 PORGO14AL INJURY I s 500 ¢ Y s .:' IR oE0.SnA n(N�OtM1 $ !A i AMPAGG $ 111000 I PO OMBINED $ 500 1a Po 1816 s 1000 DTATUTORV } SS I nn TEACH ACCIDENT) SHOULD ANY OF THE ABOVE OBIC111BE0 POLICIES M CANCELLED u►ORS TIN M PIRATION DATE THIRIOP, THE ISSUING COMPANY WILL INOSAVOR TO MAIL-, OAYB WRITTEN NOTICS TO THS CIRTNICATI HOLDER NAMM TO THIS LIPT,E PAILURITOMAILSUCNNOTMINALLIMPOEENOCKMTOMORLIABUTr OP ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, 19 P -7 CITY OF KENAI %od &apdW of 4" a10 PIOAIAO IMNAI, AWM "I" MUIPNONIM-MI MEMORANDUM M Kenai City Council FROM Janet Loper, Planning Specialist SU03ECTt Printing Coate for the Comprehensive Plan DATES July 2, 1986 According to the contract between the Kenai Peninsula Borough and CCC Architects Alaeka, the following is a breakdown of what will be provided under the contract for printing costs for the Comprehensive Plant 100 copies (50 copies go to the Borough) based on 60 - 100 pages completed 1 multi -color map no pull-out nape no cover "frills" such as color or picture Stapled rather then bound Standard copy machine paper CCC Architects Alaska have aeked for $590000 not all of which may be necessary, however, this amount would adequately providet Approximately 350 copies (again 50 copies would go to the Borough) Color paper board or photograph on the cover similar to Seward's and Soldotna'e Choice of binding 1 color map and all indicated map fold -outs I J a COMP PLAN PRINTING COSTS Page 2 It has been pointed out, that it is cheaper to print a number of copies at once rather then print a few and pay an additional set up charge to run more copies at a later date, especially if color is involved. The City Clerk conducted a study of Peninsula Cities obtaining Comp Plan updates this year, plus a research of Borough records. The following is the breakdowns Homer were not asked Seward did own contracting - paid S5,000 Soldotne already appropriated money prig completion of Plan paid $59000 - had already appropi money prior to completion of Pli were not asked - completed within contract datee L N a.Q.rcrrtii' L�--7 x,J y u 0 A 1 .. 4g CITY OF KENAI eap" ej 4"„ a10 FIDAL00 KENAt, ALASKA Mitt TEWHONE M - MB MEMORANDUM TOs Mayor Wagoner & Kenai City Council FROMt Janet Loper, Planning Specialist SUBJECT: Vacation Existing 20' Utility Easement - Lot 2A, FBO S/D - Pitts DATEs June 27, 1986 Action Requeeteds Vacation of 20' utility easement existing along Lot 2A to allow construction on that lot. • Petitioner/Owner: Dr. Dan Pitts - Lessee Soldotna, Alaska Locations Lot 2A10 FBO S/D - South Addition 02 (as defined by preliminary plat) it Current Easement Use: Vacant - no utilitiea ON s Kenai Advisory Planning & Zoning Commission: Recommend approve I of vacation ` Staff Commentes The developer proposes to construct a building on Lot 2Ai. The vacation of the utility easement will allow this construction and "clean" the plat. This lot has come about as a replotting of Lots 1,2, and J, FBO S/D in such a manner as to maximize development. The Planning & Zoning Commission met and discussed this matter on May 28th and recommended approval with the stipulation that no utilities exist in the easement. The City Engineer has recommended the some. Sufficient utility easements have been dedicated to properly serve this area. No surrounding property will be denied utilities. , r 9 ` 4 �. t i•�.__ tip____ �S ;1 •• n BOX 050 • SOLOOTNA ALASKA 09669 PHONE 262.4441 SUN TrOMPSOM June 17, 1986 45 Chi C.,Cq o Fkvi City of Kenai 210 Fidalgo Street Kenai, AK 99611 Re: FBO Subdivision, South Addition Vacation of 20 foot utility easement Section 32, Township S North, Range 11 West City of Kenai Gentlemen: In accordance with AS 29.33.220, no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to you for your consideration and action. The council has 30 days from June 16, 1986 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30 day period, the decision of the Commission will stand. Draft minutes of the Planning Commission and other related information are enclosed. Sincerely Kevin F ner Planni g Director KF/tn cc: Nr. William Brighton, 210 Fidalgo Street, Kenai, AK 99611 101 a r. PBNINSOLA CLARION SEMI PBNINSOLA BOROVOR PLANNING COHNISSION POBLIC BEARING Public notice is hereby given that the following petition has been received to vacate a utility easement. The area under consideration is described as follows: 1. A. To vacate a 20 foot utility easement on Lot 2A FBO Subdivision South Addition, plat 184-218. Subdivision lies west of Willow Street and North of the Kenai Airport, Section 321 TSN, R11W, City of Kenai. B. PYtp09Ds To better utilize Lot 2A for building purposes and to replat the area. C. appilaD tes Dr. Dan Pitts Soidotna, Alaska and City of Kenai Kenai, Alaska Public hearing on this petition will be held by the Kenai Peninsula Borough Planning Commission at the scheduled meeting of June 16, 1966. The meeting, to be held in the Borough Administration Building in Soidotna, Alaska will start at 700 p.m. Anyone wishing to present testimony concerning this petition should do so at this public hearing or submit written statement to the Kenai Peninsula Borough Planning Department, P.O. Box 850, Soidotna, Alaska 99669. For additional information, please contact Jane Gabler, Resource Planning Department, 262-4441, or Zenith 4441. Kevin Fenner Planning Department Publish 2X (June 6 and 13r 1986) L .. 7, F Uhsaring. PFTLTIOH TO VACATE Me ofundablo too to holp defray cooto of advertioing Plat feoo are in addition toacation f000. ay dedicated by ) eh 8ubd. south Addition ame o uu v o on(XI granted by ) 94-21O filed in Kenai at Recording---6 TEr ct (_) Easement for public road or ) as sot out in right-of-way ) seamen recordediri (_I Easement for utilities ) Recording Uatrict In Book Page (_1 section line easement 1_1 9 copies of plat or map showing pro osed vacation. If right-of-way or easement were granted by document. submit copy of document. Has right-of-way been full or partially conotructed? (_1 yes or 1_1 no to utility easement being used by utility company? 1--1 yes or (Z1 no If so. which utility company. Purpose of vacations --I Mine eureeaew__ Petition to be signed by owners ofmajority of the front feet of land fronting part of streets section line eesemento of easement sought to be vacated. Each must include mailing address and legal daecription of his property. Submitted bye Name Dan Mtn throuch McLane and Assoc. Inc. Address P.O. Box 1916 P.O. Box 469 /1 n� Boldolna. AK 99669 8oldoenn, AK 99649 Patitionsis to VVacatione Hems Aen Piece Name Address riox 12l-4 Address Qcldntan, AK 99649 .Ak,-9.. �t it owner of �aanny� U� d Owner of t eecrTEion o proper y t seer pt ono property Name Address Owner of t encr pC ono property !M Name Addreee Owner of l eecc pt ono proper y A TGN TSN i *0601 Rive. \ r VICINITY MAP APPEOXIMATE � ��;' EaseMeaf 1 toil r.. 1 •Aftw r _ OIM 1110 �v l �a ,1 , 40# ~4 •1r a � r � rotto �fl •�t1d � �� v4 M �M4 fir.—_..�----_......-»..--�—•,--.»--,-....:,,.,�_.�=Y--.'-=.' � - ... ��_""„x,._ UTILITY EASEMENT PROPOSED TO BE VACAT ♦ " 6 4a, r 2q�, f� . .., 19 lo 4 At ` PIt PLA .l�lt�lARY FBO SUBDIVISION =;1 SOUTH ADDITION NO.2 - (A Repldl of LOIN 2A• 3A F80 SuDolvsaion Scum Addn I Oon Piny, Owner 4 eor 1916 Soldolno• AK 99669 .y �_. = LOCATION ON 1.467 AC066 M/L SITIIATEO IN TMt NWIN S61/6 �, .:�, -, SECTION SS, TON, plow, S M AK , THIS CITY OR 199NAI ANO TNQ KaNAI PININSULA OONOUON SUrvlydd oY MCLANQ •nd 'AlSSOCIAT69. 9K. solddsnS, JIK U6119 — - n i. I .. r . t. Ar•WO�eMrm•ntorMr.nw ,�� �N amesofChance and CentestsofDIN MIT APPLICATION v } cram MfewNhappiNatlilv11%W- Mkanstpreaede6uswfthAnnualFlnerrameewwnrem, � `':~-_,- � �� \�^� '`K�•::'fib••e�ith•tn•uaatan•af«.osniatalnoM:•gouwtae. � - . 1. NamsofOrganlzatlon 16spa6,.-•• 4A, NEWAPPLIQATION .KAhlb.+ C-k:td Ce..4Prt3ar-, Numbero110zmOrganlallon Mallino Address Has Seen In Existence In Alasks: ,,. 1 M 0 n� A o x 15 a 3 The following must be submitted with this appllosllons §1 City, data itp Cods Current Alaska membership list (must haw at least q q b t 95 member$); - - ° - - — 2. Neof OrpanlzatlOn. (Check the appropriate box. Refet to Ep Certified Ime copy of artlotes of Inoorporatfon ar, N not t .. - Atl OdA0.S10 and 1ti AA0106.Ot0-,100 tardaflnftlone) Incorporated, copy of bylaws and national and state OMAersf - O municipality O op°apartment andcm.�copy ofInecerllfostsoftax exemption issued tonon. O Clvlooreervlce, profll organlsatlons, if applicable, O Religious O OOp Mushan' Assoolatlon Name and Mailing Address of National Organlatlen Of applicable) J r, O Charitable O Political , l O Fraternal O Aswolationede �( Educational O Fishing Derby Association 4 O Vatsrane 40. RENEWAL APPLICATION O Outboard Motor Most Recent Year _ _ a O Labor Association permit Number. leaved 3. Organized as: (Check the approprlsts box.) The followino must be submitted with this application: Corporation O As.+calatlon O Partnership O Current Alaska membership list (must haws) least -- O Finn O Company p0 members); O Copy of amendments to bylaws, it any. - i!r 5. Local Offlcere(must be current, bona fide members In good standing) NAME. TITLE DAYTIME PHONE NUMBER '-: k� IVY G.: a t5 .are3�,1f! e•t�a�t 4 M .,.�Ict A �.Z- �1142 �•�;_'_?',.. 11 �„n�. � t'hstianl ire ram. e•f` n� r' e�e•or•. 1►���be•R �rl(o-S. 1L, �y�J t. •., y e. Types of Games to be Conducted. List types of games by common name If other then those listed. Soo AS 05.15.160, AS 00.15.210; 10 AAC 105.110-.100. O a. Bingo (NOTE: Bingo b. Raffles 8 Lotteries O a Dog Mushers' Contests O h. Rain Claselce gameamuetnotbehold v more than g ocosslons O a Pull -tabs O f. Pleh Derbies O I. Other(Pleae net) $.• _. ., In a calendar month with no more than 34 O d. loe Claselos O p. Contests of Skill games pat session or , (` series of games.) •. ' a. s ri le 3_ THE SPACE BELOW 16 RESERVED POP DEPARTMENT OF REVENUE USE ONLY. Oats of Recelpt Permit Number. Oats of Issue., CFinancial Statement: O Yea O No NOTICE: GAMING ACTIVITIES MAY NOT OB 00NOU0760 UNTIL THE PERMIT 18188UEM t DEDICATION OF NET PROCEEDS The entln proae$da of the games shall bo devoted to and dlabursed in accoldsnce with 16 MO tpt).>:SO Use of Dedicated Net Prccoeda. (a) fie dedtoated net procoods given to A qua1111M orpanlzallon may not be used to pay any Osman for services tendered In tonne - don with the activities from which the funds won derived. Detailed records of all disbursements must be kept for later audit Meow. Thoss must be kept with the other aeeountlnp MOrds fora period of throe wan. (b) Olsbursomento for the promotion of the welfare and welibeIRO of the membarahlp means that a member may ncelye seal Canoe In the form of various charitable donations, which have bem approved organiz: on semi ippoonsorf Include education grantaiiain nD aul$ta es Or job counseling, food baakata, rrrodloat or hsatth4ors assistance. charitable functions and dinnora for the community, Oft The quallllogilons to tacolve the choolable donations must lncludjLjjj a ulram"t that all membsn of theorganlzallon withln the c munity may qualify and noolvs the usl$tanee. Thew paymecne m ' . - • not be devoted to ofilanizational patties. dinners or bsnsflte, P%ftlM or so0lal lunollons limited to member$ and Ihslr Nmlpes, (a) permiltees may not *mot, buy or lease buildings Or land for their organization with the not proceeds union these buildings ate: 11) used exclusively tot educational, atvlo, public, Of nllploW pur- poses (such as hospitals. churches, awhoola, gawramont bulldinge. or community centers); or , (I turned over to an appropriate nonprofit organization which qua lfles as a taxexempt organization under the Internal Revenue ' Code. SeMlon 501(0)(3), or to a local, state or federal goftmmeaL i T. In the apace below, state the specific purposes for whloh the entire net proceeds are to be devoted and In what %rennet: 46 r• eo st s o f Watt- att• ar,ck �ne.�a-e•: a.�.S .t;•o I e n•od�\ *tv• L -te.•4 !-k: s-kbr-: co..\ So c: 9.4�� a`: � %i n iC� nay o r--�,.-� u� S 0. S o` • r; ` s ci•.00 l nor.— Pro .-4 eoC'�••et•�'�• v� 'Co GQ. pee.ce.4q moo; CoOVA S . 3_ O O I -— Person In charge charge of games (Must be a bona fide end active member of permlttes organization) NOTM The member In charge shell be present during the conduct of each of the specified activities stated on the permIL An alternate may be designated to conduct the authorized activities during the absence of the member In chargs. NAME MAILING AGGRESS DAYTIME PHONE NUMBER (Primary) _ . _ 4 A., n n . . I .- - - s ..- r 99 Has either person listed III 9A above ever been cornrcreo or a reiony or oamunno vulaw suv, 90. Will either person listed In CA abaft receive compensation of any kind from the receipts of the gaming activities? _ 0 Yoe V No 0 Yee No O We cerilfy under penally of perjury that to the best of our knowledge and boner an me nrro►manon on rm■ appnoanon, 1"GIVUHIV WRY anNunn". ra rrua. aorraer and $$,$emirs. we understand that any false statement made on this application IS punishable by law. We further cattily MOAT-) have delivered two copies of this application to the noarest city or borough allies lot review. - A. B' NOrIOeo ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. n L .n "I - i `o�rrett�r $ AW urrina �n GREEN8CAPEG 11888 SPUR HWY. KENA AK 99611 (007) 283.4007 INTERIOR PLANTSCAPING • ATRIUM DESIGN • PLANT MAINTENANCE • LIGHTING CONSULTANTS • LANDSCAPING DESIGN F PROPOSAL FORt CITY OF KENAI 219 FIDALGO KENAI, ALASKA 99611 A'1TNI RANDY ERNST TO PROVIDE ONE FREE STANDING, GLASS FRONT BULLETIN AND NOTICE BOARD, AND PROVIDE FOR INSTALLATION IN THE KENAI CITY AIRPORT. DIMENSIONS TOBE AS SHOWN ON ATTACHED SHEETS. SPECIFICATIONS: Q (A) Vertical and crossbar support members shell be of 4X4 and 2X2 square tubing, respectively. Finished with primer and flat black paint. v (B) All finish wood materials to be oak, and finished to match existing ; display unite currently in the Airport lobby. (C) Glass shall be }" safety glass. - (D) Doors to be providad with individual keyed locks. (E) Display case backing tobe }" cork attached to solid backing material. (F) Base to be drilled and cement anchored into existing slab floor. TOTAL PRICE AS SPECIFIED ABOVE $3,250.00 101 r 1 dW Ilk a P Q (1 ,. r........, .... ... ,, �.......... ,. �_ 1 ,. _ .. f� , -- { ii 1, .: `' r � c A� r ,� '' �____.J._.__ �-- ..�- -�. __. ...�L._.---" ANGHQ-::SpliGB .•.- Article 7.5 Force Account Bills 8lilo.forforceaccount work mustshoW.Ihpi yrolf ,�pr+� l ecl to"�` J _r orkeddact�' II))Agy,r-ate8;pf.tiay,.andamoU6WPaid io.+e�icN in detaji'.Ihe inaturo of tiio Work dgnb.6 nd G y - '- Y.-egr�t�i��ratearnust slap heshcwn.$iI1s:I,or. ' "b ab'o��xti•--.•',�' , I' dolivbry, tjphtititis.'.unit pricoa;:'.4mgmi I ryat� elp ite�9s"�aoverAnv +teNtid�rivo :-P, ymt numb�rdith@contraoturfderWhidhthei o k:., spertbihie ttxAvab t ,�, : Erigjnoer:ialluri�toprespAt'�inestImdt�wlith1ri,#�irtY�(�A�,day���ftpr % ;@df��eir�i�n-3hih,� -•, ,:-;'a.;, 4 which thew' covered covered wat;.pJ. el of'his rightlit tsi present s�oti bill,th@reatter qr tb rrrpeiw�payrrir�dt�iheFf�prs. 5: r • n a ., Articlo 1.6 Progress Payments; r .� - ,i .,.YY,.. \,^t,•w.'..;, `�� g! ,w"v,(}/} Na-erg).' .,f,<' .1 F'^ . •.. :^r}?. •,: ". tl• ..' �,�,"? 'rAi.." _Li;�r.�: r•-�'P�L'!�jM1l.• �'3', �. •�1n'�1 '� tY. '�: �'i! Du�`ing the prograss�o_thewo.tjterk�A.rrtrtgmayrj�ques,�arei�.►,a�ants`td' onl>>•; •';'� o durin the rdcedin 'caio iliit; mant �: �Ncit �tequ�Asi,muaf, g- gbatpl�►��ed 4d `� ` r : uppdated•progress schedule. Progres$ aynlont$ +ti y;J6'djd0V'�' )m me►e�i toted @t *n approyad sjfs�provitfed .�Aoltia pgf��Qgt'Yeth� Ct�,�`t'r�J '; •'►' ,u'+; i ! ':At, teular.,ppribd;�aactti .fignth`! Q trn1'Rtilr;ahtatl iu�'�rishtsaiitf , a ri�ss ko Sn ostIMA1e 401;rl ; itlIL l` ;: . q :.� :,,. t; crq�pi�toa�►orkrj�cil�alaq=rid a8t��+,�'t@�Q!'?ii .��i 'r�{ :irtcbi or,� q�t z�►`�`�b, ,"p��t@�.wat�i�,. ����� S r tr' ,, . �, :::,::,tt��r��q�r�t,��i..a �i`i�hti tr��`•"� �� •�� '* :, :v I a r4 Jute ' �.. , `iS 1•y: `I.�f'i �' 1' r_+ir iy�'4�r�`SJ��t s ,�� ,rnijltid �r!'aspbd d n 1'. g do `- fe aliie i1� �t+�teotlgn,to@r_'o thitbrdst :.T#le xitr� or j���11t r 5M p efti ate ,l "idi 1B tt , wit: 09. sutiYn�st3t:At1s ltnet,�rograsl�;p ym@rt' +.. �! !, Y i�eir�n rk ph'willbe ieViQiNc�d't�ythe Sonfr� ting�Hia r�iO�is:PW i* >< .��9 �6n"o R � �- �` rft�tal+cost to fie various acdountt �"� Atty-ynh la cc� 'itiat�sa 'bDtMleeiM fat ?+ . I! itumr3 at''other .disgre'panoios �n+fii' liprg"v�tied' #�y �odr. ee,w+ir: rQa jpna ie.ogst of th6. work1ngiipdrid an . tiairloYiti itemir. YhIs ao�lfrao!'ii ea !Nh ►►� r :; Men be'utl ked ae the`i asiti'for!jtcoDr is$, Aijnti�a e, o�Ytw t"ra to wnerwlltprocesepa)glalpeyriitarSt'regU Clow ii � ir,�erlttic►� :,.:r Z., 1 wtyb deys.ef �receiA=p;ito aRPl�aatigi�OrPr,�i�l�ayrno.`i�titu :��t�epted�b�rtna;�vn�P�#h�,�t�tttia�f;�a�ceY�i�ge,�>��11�.� � t ,� i ft 13;t epq ru A' ti'' 46 4 i ' {ca`tri)atioq:tif �5 ' of tiio��l►ccirk`,,e;Erfgirtiba_-ma PprnYh�+i`�gre��9lte ;P �,,#hti fttoi�nt �dJe'tite:i�p�itTactok p�ay.��dig �e�einoDf�� tifnefed1�e�t�f�` ld'rer�ietintiilg�lorfisa]�'�iiy_;#1�i1 _s � �.... 1 �.,. •: ��, ;� . "•db ; ,.* f 4 c.. "+- •n-��, t _M '!w! f._�.Y� _7•:• �' f'C� `3.. �-:• C. •r]. : �; 1�7 a apiiilic 61a;• ;State,) +Ne.drE�in. 0000n o ¢ bvid 'fbr.'a, r cog ski ntllcrata�cf.+�iboveR'the:amoUn togtAked bs Auan �a @ �Ji11 b+s �ii�;fn�ineemay- rithiioitipr.�ititcaunt of subs©quer+tlY�d�e�overadbi�o: n411if►,tN " a ri n a morit @ if sate, guct exte t m9'. .;rpfet�r'!�Al�p �._�! Y,P Y hu !„ tQ. ,.. ,. �.:.ar•.R.•., . L" .�,..:��.ateii�'f�1�tOwi�df�rdthlo�a'ah'�ccbu �::�. t;,• '. ,.; � ;� t i•Z-.,i j. 3.3_ <, e.. ; . , kith;:, .',:.. ��*,• , ,, ,. :c.,r ,,,'1'q ; '. sr.�.:- k t °i.,r .._.� .p .k, .. �■'.. , ,y ,. k i Hrt. f F°c � ��p•� i , e� i . _ �'r • : ,ask r t?,.i tr _. 1'r; {t-•� d• 4, t�`} _ . 'r�`-�. .' • F• .ti '/e �T �1�� I Y� F-'? t r 1�. ! ` ' APe-- �--.r�, R &{ r iv^�i. tl.; 1ii+IS, �, � •1'.�9 .,''4. :�:ti. �,. i, 1i 4 :r-1< <�, .���t ` f ? r S i ?• J ii '-'' L ' '•�� r _ r�,,* ,_il la::, : Yf •1 .�•r , f �, f r j. `�), L � �?,_. r�".' 4r V'� �./ 1�. , .. _, .t .. f,. a .. t'. � a,i '. r. .+�+_r :'i.'� .�Y,•.. �. .... -..l«: f,, rr Y.�r...,.. .�'_.:�.yi�l.L. .. MI . OR il ob (':e•t$,.+;,^1'..J.�.'^�f`it...cPt �•;C'/�j'�•�i•.- f,t.i;1•`. .� ti ' t 4:F;t .lt' r.:` tom' '�� �'���+fat• �,( t0 mation or home Cragsreferences, power eregarding i mitunicipal exemption on contractor bond require• meats, we AS 29.13.100081. An to require• ment that a municipality use ordinances to exempt contractors from compliance with general toquirementa relating to cer• tain bonds, see AS 29.48-1301sH 12). Editor's notes. — This section was redrafted by the revisor of statutes to remove personal Pronouns to conformity with AS 01.06.031(c) and 4 4. Chapter 68, SLA 1982.. 1 �. ..a.. ILI a 36.90.001 Collateral references. Right of municipal curpursttun to recover back from contractor payments made under contract violating compet►tive bidding statute. 33 ALMd 397. Liability of municipality on quasi contract for value of property or work furnished without compliance with bidding requirements 33 ALR3d 1164 Municipal property an subject to mechanic'a lien. 61 ALM 657 Chapter 90. Miscellnneous Provisions. section 01. public construction contrnct payments tel: �.I!�,(kt��':f`1_It'.�r1• YrrrGt'i G-(;k Sec. 36.90.001. Public construction contract payments. (a) The state shall initiate procedures to pay the contractor under a public construction or public work contract within 16 days after the contractor attbmits to the state a bill for materials provided or services performed and a sworn statement that all employees employed on the project by the contractor and all subcontractors have been paid not less than the established prevailing rate of pay as determined and published by the Departnient of Labor. (b) If the state fails to make a pnylnent due the contractor under this section within 30 days after receiving a contractor's billing, the state shall pay interest to the contractor under AS 45.46.0101a1 on the amount due. -1c) The state or a political subdivision of the state is liable to a contractor registered under AS 08.18 for interest at the rate provided in AS 45.45.010(a) on retainago on a contract for public works or public construction. Interest on retainage accrues front the date of approval of a pay estimate until the date of payment to the contractor. A contract provision purporting to waive the interest provisions of this subsection is void as contrary to public policy. (d) A political subdivision that has a population of 600 or less is exempt from the payment of interest provided in (c) of this section. (o) A political subdivision that receives a sttite grant for a public construction or public works project may aye money from the state grant to pay the interest on retainage under contracts for the project as required by (c) of this nectit.n. (;. 1 ch M SLA 19871 Editor's notes. — Section 3, eh. 66. SLA apply to cnntructs entered into rifler the 1982. provides, "The provisiond of thin Act elietttve Butt• of tht„ Act (July 1, 19821 " L 19 ,.44�t (i .J .4G.010 ALAHKA STATUTENJ 145-45.010 See. 45.45.010. Legal rate of Interest. (a) The rate of Interest in the state is 10.6 percent a year end no more OR money after it is due except as provided in (b) of this section. t (b) No intetnat may be charged by express agreement of the parties i in a contract or loan commitment dated after June 4, 1976 which is more than five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District that prevailed on the 26th day of the month preceding the commencement of the calendar quarter during which the contract or loan commitment Is made. A contract or loan commitment in which the principal amount exceeds $100,000 is exempt from the limitation of this subsection. (a) Repealed by § 8 ch 84 SLA 1978. (d) Notice of the annual rate charged member banks for advances by the 120• Federal Reserve District prevailing on the 28th day of the month preceding the commencement of each calendar quarter required for the maximum interest rate computation under (b) of this section shall be provided by the Department of Commerce and Economic Development. (o) Repealed by 0 4 ch 146 SLA 1974. (D No bank, savings and loan institution, pension fund, insurance company or mortgage company may require or accept any per cent of ownership or profits above its interest rate, (g) Loan contracts and commitments covering one- to four -family dwellings may be prepaid without penalty, except federally insured loans that require a prepayment penalty. (h) If the limitations on interest rates provided for in this section are inconsistent with the provisions of any other statute covering maximum interest, service charges or discount rates then the • provisions of the other statute prevail. ($ 25.1.1 ACLA 1949; am 120 ch 148 SLA 1966; am 0 2 ch 69 SLA 1969; am 4f 1, 2 ch 94 SLA 1969; am ff 1, 2 ch 239 SLA 1970; am 40 1 -- 8 ch 64 SLA 1978; am 44 1 -- 4 ch,146 SLA 1974; am § 1 ch 110 SLA 1976; am 4 1 ch 159 SLA 1976; am 12 ch 107 SLA 1980) Cross references. — As to rate of and Power Resource loans, we AS Interest under Alaska Small Loans Act, 88.030(e). As to tourism loans, sse AS see AS 00.20. As to premium finance act, 46.90.030(c). As to small business loans, we AS 06.40.120. As to credit union loans, see AS 46.95.020. As to historic district am AS 06.45.060. As to judgments, see A8 loans, see AS 45.98,04014). 09.30.070. As to commercial fishing loans, Effect of amendments, — The first we AS 16,10.320(a). As to housing • 1976 amendment substituted "Ave development revolving loon fund, we AS percentage points" for 'Your percentage 18-64.000. As to Alaska housing finance, points" In the first sentence of subsection we AS 18.50.098. As to insurance policy M. loans. see AS 21.48.080. An to veterans' The second 1976 amendment rewrote loans. see AS 26.15.040. As to residential subsection (a). are facility loans, see A8 44.33.300(b), ks The 1980 omendment substituted "10.6" to temperate social activities facilities for "sight" near the beginning of loans. sae AS 44.47.340fol. As to retail subsection Is). and deleted the former Installment sales, see AS 45.10.120. As to second sentence of subsection (a). which collection of advance Interest, see AS read-, "Us rate of interest in the state Is 46.46.080. As to Alternative Technology six per cent a year and no more on (11 220 I 0 UNAI.A$KA PROJECT (l - I -A, The Engineer will, within 7 daps alter receipt of each payment request, either indicate in writing a cocoamendatles !or payment and present the payment request to the owner, or rotors the payment request to the Contractor indicating in writing sagineer•s reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and cosubait the payment request. G. DEDUCTION IRON ESTINATE Deductions from the estimate fill be as described below. The Ovuec shall totals 10 (too) percent of the amount or each payment until final completion and acceptance of all work covered by the Contract Documentse The Owner at any time, bovetece attar 50 (fifty) percent at the vock has been completed, if be finds that satisfactory progress is being made, may roduce•cotainage to S (rive) peccsnt on the current and remaining estimates, MOD the vock Is substantially complete, the retained amount may be furtbec reduced. A deduction and cotaisage of 10 percent will be aade on the estimated amount earned for approved items or material delivered to the jobsite but not incorporated into the work. After construction is 50 pecceat coapiets, the La,c wner will reduce the cotainege to S percent, provided the ontractor is making satisfactory progress and there is mo p*cl�fic•cauee for greater withholdings s f .-The Costcactoc will be paid interest on rotainage in accordance with the applicable State statutes and rates in effect dosing the Contract. De IAfC AiIf31 70 B1Z 6E IALs D LI•Ef360 Qualification for partial payment foc materials delivered but not lot incorporated into the vock shall be as described belove daterlaia, as used heroin, shall be considered to be tboae Items which ace fabricated and sanu•factorod material and equipments Only those materials for which the Contractor can transfer clear title to the Owner vial be qualified .. .. , ,�•�.�,��,t To receive partial payment for materials delivered to the,:':; site, -but not'incorporated in the work, it shall be necessary loft the Coatractor-to submit to the Engineer„ aryt' least 7 days prior to the end of said month, a list o! I such matesialse At big sole diaccotioa, the Engineer will'' approve items fax vbich partial payment is to be made. 4;1. Th ?`.:. e Contractor$* actual not cost for the materials suet b6 r" supported by 12TOLcos of Onppliecse ptopec storage and .a protection shall be provided by the Contractorr# and as approved by the 1291neere final payment shall be made 9153300ze AR General Conditions MA / 't~AP-PROJECT "( ~ ~iquidated Damages, CITY and CONTRACTOR reaogni~e that time i8 0'~ ~e esoenae o~ the CONTRACT end that CITY will 8u~er- fLnanoLal ~o88 ~ ~he Work is not substantially oomple~e vt~h~n the ~im speoi~ied above, plus any extensions ~he~eo~ alloyed in . aooocdanoe with Con~raQ~ Doo~en~8. ~hey aloes ~e~ognize the delays, expense and difficulties ~nvoXved in proving in a le~al pro~eeding ~he a~al loss .~uf~e~ed by.~l~ ~.~h~ W~ck.~a no~ substantially oompXe~e on ~xme, AoooraxngAy~ xnsceao OE requiring any mush pr~t~ CX~ and CONT~C~OR agree ~ha~ an liquida~ed damage8 tar de,ay (bu~ no~ an a penaX~y) CON~C~OR expire8 at~e~ un~iX ~he Week lo 8uUe~an~iaXlY complete, d. CONTRACT PRICB. CXTY shall pay CONTRACTOR for pe~formanoe o~ the work In a~ooFdanoe with the Contrast Dooument8 in ourrent funds as ~oX1ovst e. PAYMBNT PROCBDURB8. CONTRACTOR shall submit Applioationo ~or periodio partial paymen~ In aoaordanoe with the Contrao~ Dooumente, Applloatlon8 for payment will be prooessed by ENGINEER a8 provided in the Contrast CITY aha11 meke'periodlo partial payments on ao~ount of the Contraot .Prloe on the baol$ 0£ CONTRACTORoff Appl~oatlon8 for partial payment as reoommended by ENGINEER and in aooordanoe to the Contraot Dooumento, All pe~iodl~ partial payments will be on the basLo o~ the progre8o of ~he ~o~k oompleted, prior to Substantial Completion periodic partial payments ~tll be in an amount equal tot 0ox st the Work oompleted, and ~ozaf materials and equipment not incorporated l.n the Work but de-~ivered and suitably stored, leos in eaoh ease aggregate of pa~enCs previoualy made. Upon Substantial Comple~ion, Cl~ shall pay an amoun~ ~o lno~eaoe ~o~aX payments ~o CON~CTOR to ~ sE ~he Con,rest pr~e~ 1eeo 8uah amounts ao ENGINEER shall d~rmine ao~ordanae w, th the Con,cast Doouments. 0-2 I_ All bLlls rot payment, on rorqe aaaount uork must, be submitted In ~Ptp~loa~e, mu~ ~a~e ~he number of ~he qon~ree~ under vhtoh ~he vork uae performed~ and mus~ be  I approved by ~he enstneer, ra~lure ~o present an vt~hLn ~hLr~y (30) days it~er ~he o~ose of ~he month vhtQh ~he vork Qovered ~e8 performed aheZZ aona~L~u~e a velvet on ~he per~ of ~he Qon~reo~or of his rtsh~ ~o preaen~ 8uqh btZ~ ~hereaf~er or ~o reaetve peymen~ ~herefore. ~.. ., Per~e~ peymen~ ~ be made onoe eaoh month es the york progresses. Said payment vL~ be based upon prepared by ~he enstneer of ~he ~ork per~ormed and ma~erteZ8 Qomp~e~e tn pZeee tn aoeordanoe v~h ~he oon~roo~ and for ml~erta~9 delivered tn aaoordenQe Nt~h the ~a,~ paragraph I auah da~a neaessary ~or ~he engineer ~o make an es~Lma~e o~ ~he amoun~ of vork oompZe~ed and o~ the vaZue o~ auah QompZe~ed york Lna~ud~n8 an estimate o~ ~he emoun~ and vlZue ~he aL~e or a~ Iff aoaepCabZe ~ooeCton ~o ~he enstneer. · or ocher dtaarepmnates w~ be revt,ed by ~he aon~rme~in8 Ln ~he various L~ema. ~ta oonCrea~ bid breekdovn will ~hen be u~tZtzed as ~he baste rot progress payments ~o ~he ~1 aon,r~ator. . ~./'~ The o~ner uL~ proaes~ par~La~ paymen~ requests of ~he appl~aa~ton for para,al payment. : ),~ .moun~ equ~valen~ ~o 10~ of ~he whole will be deduQ~ed {nd ~ :~ .... "'' ~ ~= reda{ned by ~he CL~y un%t1 after oompleCton of ~he en~Lre ....... ~ ........ oofl~raQ~ tn an aooep~able manner. ~e balanae~ or an amoun~ "' ' '"" " 'equivalent co 90~ o~ ~he vhole less 011 prevLous paymenCa~ ~.~;~' :~ .... ~ahall be oerCt~Led ~or payment. TC ta provided, ho.ever~ ', ~'., ' ~ ,,- ..tha~ after SOS of ~he york has been oompleCed~ , ~:,.-... -~ ~aontraaCtn6 orrtaer, 'ir he rinds that seCtsfaatory prosress'~ ~ :~.~'..': '~-'; "Lis beLn6 made, may ~tmtt the retainaGe vtthhe~d to an amoun~'~%, ~. ...... . ' ~equtvaXen~ Co 5S or ~he bid amount so Xon6 aa proGres~ and ~ ' time fo~owtn6 suoh reduoCton tn ~re~aLneGe the aonCreettn8 '~ ~ ..~ ,.,..... "OffLaer ftnd, ~ha~ the race o~ pro6resa or ~he qua~t~y of , o d or bof, h, has beoome un~ar, Lsfao~,ory an amount, ~forK. pr. aclu · ~ .... ~ --~ -~ Sn o~aae ~ha~ ~e de~u~ed equ~vizen~ ~o_~ui u~ ~ ~Z~'.~ ind ~rom iZZ future from ~he n~__.~_ ~.,,, khe defto~enotes tn prosren5, or vQrk or bo~,~ h~ve been Sl~L~eo~Ort~Y oorreo~ed. ear B~ vt~hhoZd or, on IQQOUn~ Of ~ub~equen~ZY The enStn Y · or any par~ of any dtsaov~red e~o~, n~Zt~_~h~,~ as may be deemed men~ oer~Lrzol~e ~o ou~u ply s on aaaoun~ o~: a. l)efeo~tve work no~, reuedLed. b. C:LaLBs as provtded herein. a. FatZure'of She aon~rao~or ko Bake peyuen~a proper~y ~o suboon~reo~Oro or For na~ert.~ or ~abor. d. A reasonable doub~ Ln ~he optnton of ~he ens~neer ~ha~ ~he oon~raob aah be oompXeCed fop the baXonoe~hen unpatd. e. Oamase to another oon~ra~or. f, UnsattoreQtory proseou~ton of ~he 8. ~roro tn pa~taX paymen~ requestS. No par~taZ peymen~ wt~ be made when .~he ~o~a~ vaZue vor~ done 8tnQe ~he ~ao~ esttmate amounts ~o 2eos then 8500.00. men~o sha~ no~ be sons,rued as an aooep~anae or PtrttaX pay hereb and ~hey a rova~ of any par~ of ~he vor~ ~over~d s~XZ tn no manner reXtove ~he .oon~?acor for defeo~tve vorKmanshXP or ma~erLax. · The estimates upon vhtoh par~a~ payments ere based are no~ . ed ~o be aooura~e eo~Lmabes, and a~ quantt~tes represen~ . ~ .... ~. .~.~..tton tn ~he ftnaZ eo~na~e. ......... ------rs- he does so a~ hfs own for maKtn8 paymen~ ~o nuuguuv,----- , ~LSK, end ~e sM~X ~ee~ n~Z ~oss ~8~ may resuX~. The mnKLns of per~t8~ paymenbs under ~efo~e or af~er ~e da~e se~ for aomp~e~ton of oNe~X no~ ope~abe ~o tnvoZtda~e any of ~he provisions of ~he OOfl~PeO~ O~ ~0 ~eXense ~he ou~e~y. 2/86 work by ~,he W-64 4 / · ~_, ......... ~.,. ' ?-.g:;:'"--'". ',. .. . ~:,. ?~..;.-- -{: '~..' :'--.ii .... :-': ..... ' ' ~'~";'""![' ':'; ' z- '::::" ,.~ · . ,., ... 't~,'".'~--..,- .... :. ',~ ' · r'.-'. ! --'~ '.'" ' [.- CITY OF KENAI TO; FROM; DATEt SUB3ECT! FORa IIOIqDAMIO I(~IAI, ALMKA INII MEMORANDUM ~m. 3. Brighton~ City Manager Keith Kornelia, Public Worka D~reotor 3une 27, 1986 RETAZNAG£ ON CONSTRUCTION PRO~£CTS CITY COUNCIL M£ETZNG OF 3ULY 2, 1986 ! have ottaohed the tallowing ooncetntng A. AZRPORT WAY Thio lea oopy of the 6ppl~oable pe~t or the SUpplementary Cond~tiona and the Standard Speo~rioationa (Anohorage 1900) on the Alepott Way Peo~eot~ whioh will be bid auly 1~, 1986. lh~a ia out otandatd polioy rog toad oonattuet~on ptojeeta. We retain 10~ unt~l the work aubatant~ally eomplete~ then reduce the terminate to B. FLIGHT SERVICE STATION (h~ ~e how 'we handle ~he terminate rot oanattuotlng a large building. The Flight Service Station ia going to be bid on 3uly.lO~ 198&! end the eatimated ooat ia $1o5 mlll~on. Under thio oonttaot we retain 10~ until the ptoJeet la aubatant~ally eomplete et whloh t~ee we teduo~ng the terminate to C. STANDARO GENERAL CONOITIONS P~epai&d'ay the End'heart' Joint Contraet Ooouaenta Committee and endoeeed by many large engineering end oonteae~ora aoeooAat~ona. ThAo ohowe that terminate ~n the ~nduetty. O. ANCHORAGE STANOARO SPECIFICATIONS - 1984 Yhe C'~y of ane~rage'ha~' Juot teoontlY'-ewltohod ovee to uoLng the Stendaed Speo~r~oetiona 1994. The City or Kena~ hoe not modified theme epeoir~oatlona aa yet end theeeroee we ate not ue~ng them. Thio ohowo how the Ctty or Anohorage eetelnago on rheim ptoJeoto. I L r- G-1 KENA! PENINSULA BOROUGH - KENAI ELEHENTARY SCHOOL yh~ ehowo that the Kraal Pefilnsu18'Borou~h ea~'wlthhold 10~ rata/floOr until the proJaot lo complete ([-2), This also shows that the Kensi Peninsula Borough requires e project close-out bid item or aehedule or value (E-a). It appears that thio amount Is not paid until the project ia 100~ oomplete. Since it le not oalled project sloee-out ltem~ I doubt very mush that the Kensi Penineule Borough pays Lntereet for thio item. Zt te merely runde that Bee withheld until the proJeot LB 100~ complete. sloe notiee that the Kraal Peninsula Borough kaepa e sum of money for one year after the proJest la 100~ oomplete to mover warranty items. Summarizes The Kraal Peninsula Borough oas keep retainege or up to 10~ until the project ie eompletel plus they keep the funde called ProJect Close-Out until the project Is oompletel plus they keep funds until one year after the proJeot La somplete. FEDERal _PUBL~CATIONS,.INC. COURSE MANUAL Thio ia teem a nation-wise conference that shows that e owner retainage~ such aa 10~, 18 normal Ln the conetructXon ~nduet~y. RETAINAGE FOR THE STATE OF LOUISIANA Thio xe from s different dbnrerehce that ehowe that tetaLflage Ln Louloiano amounts to 10~ or the contract end w/11 not be due until ]0 days after the expiration or the ooflteact. At thio partiouler eonferenee, everyone wee chocked and oouXd not believe that in Alaska the Municipalities had to pay interest on thie retainage. have engineering text books from my civil engineering eouroee and oonstruotLon management ooueseo that show keeping a retaLnage La normal for the eonetruction Lnduetry. The retoLnoge on construction projects lo essential end Ls used by the City or Kefloi for the following reasons! #The eetaLnage ia used as an incentive to urge the oonatruction eontractor to oompXete the proJeot aa Boon.ap possible. If a oontroctor oompXetOd most or ~ne ma3or ~°~k On e pro3sot and the owner mede 100~ psyment for sXmoet s11 or, the workp there would be no real Incentive roe the oontractor to some bask and do the minor punch lLot Items mince he would already have all or almost 811 of hie money. eThe retaLnage can be used ae leverage to get the eontraotor to make the minet adjustments an~ eoereotiOne that are neoeeoary to meet the construotXon plane and speoXrzoatXone which may not have been notioed until after the proJeot wee oompleted. These would be lteme thee a oontroctor might Juet drop and not do if the City did not have reteinege. C *The retainage may be ueed to settle oleLma and 1Lena of r~n~l~d untlJ oontreotore end eubeontraeto~a"t~t may not e& 0 the proJeot Labomplete. L_ '3 [-- *The retainege may aloo bo ueod to make corrections diaeovorad by State or federal agencies (lab~ 9rent agency conditions, permit vlolationap 8nd eke.) elf there lo no reteinage on o proJeot thoro would be no inoentlve for the contractor to ;~bm!t hl.e..~rrtdevi, ta of paymonto of debts end elaimap hi8 affidavit of feloeoo of lieflep and hie consent of Surety Company to Final payment. When the project le oompleted we ask For these effidavito before we make Finn! payment end release the retainage. A lot of timeB this la when we Find tho general eontroetora have not paid their subcontractors. *Liquidated damages which ere assessed against the contractor ~f' he does not complete the project on time ore t~ken., out of the t~.taineq~ et the end of the project. (On the PalLas Station Addi[lon the liquidated damages amounted to IF we paid 100~ wa would hove 8 hard time getting tho contractor to pay u8 beak Funds For ~iquidnted damages. *Retainnge in alas used for payment to the contractor For items that ate not listed on the bid sheet st the project eohedule of values ouch ee fine! clean-upi demobllizetiont indirect, osakat submittal or rise1 ne-built d~winga~ and ete~, Specific problems where retainage hen helped the City of Kennip include the following~ Kenai Po!ie~ StetSon Addition - The general contractor on thee project went bankrupt end the City ended up with en exorbitant amount of elaima and liens on the project, After mush effort and cooperation between the City, tho architect, bonding eompnny, end tho conttaotor, thio pro Jeer was Finalized· One of the major faetote that ~;--.:'~: ..... -,-., helped in getting tho problem8 resolved and completed 8o ~:':.::::':~:'. rest as it did woe the ~eet that the City withhold e :!;':' : -' reteinnge. .:-.-'"" -~' -:. 2, Hain St~.,e, et Loop, knke~ Harine~ Granite Pointj nnd re0 .~1~:?' ~...~~ ProJect - l't woe die'dovered'nPter th*e proJeCt w~'~ ..... :'"'"~~':" ..... ; ....: - .... ' non-eomplLofleo Ln opee~rLeat~oflo. The City ~ooeLved a ~...:. ~ )~ completed that the asphalt paving toots showed wao t8ken out or the ~etalf189o th8k wo hod k~p~ afl tho have been able to deduct $4,000 From the project and It p ~ ~.~::..,... :~..;. would hove been hntd to get them to send un ~ oheok, . ?" ~. :'~:~ end sewer, end ~ot bu~Xd~ngo. ~ try to keep the conditions end the ........ ' contract doeumonto tho como For nil ou~ proJeeto, To oomoone who 18 ::; 0 very oomplieoted, One o~ the motn thiflgo I t~y to do As keep the ' " ' . -'.7 ways to improve ou~ documents, but ones a eont~oot Lo signed, At Ae ""'.,~ ~ F' up to tho City end tho contractor to adhere to the agreements In the contrast at the time It was signed, Changes tn the contrast ara certainly pass,bio (exemple~ Change Orders) Ir both part,es are In egreomento Rete~noge ~e oomethtng that la one olded and In favor or tho owner. Zt proteeta the owner 8nd does nothing rot the contractor, ([t may help a aubcontreetor.) The omount or tetelnsgo ~8 very eleorly orated In the contract doeumento and eeeh bidder Ia aware or our rotaLnage policy prior to bidd&ng on eeeh project. The contractor agree8 to handle retatnage e8 per th~ contract document when he elgfla the contract, I reel that the way that the City of kenal la presently handling retslnsge Lo the beet method rot the City of Kenal. lhla method shown on attachment A-2 and la the one that le belng used on the A&rport Nay bld. Zr you or the City Council wish to change thio pollcyp ! can very easily do that on future proJectao Unless ! hear otherwise I will continue ee I have In the pest. KK/ow Attschmenta L_ L_ F- L_ F ~" DEL£TE8 Paragrapha three, four and five. = *" AOD8 * "The Owner will proeeaa partial payment requeata · and make payment to the Contraotor within twenty · (20) days a~e~ bhe Kenai Cl~y Counoil baa approved ~he pay ~equeak. A =opy o~ ~he Cl~y oF Kenal~ Alaaka. 19a~ Deadline Calendar la ln,luded In ~he _Cont~aeb Dooumen~e ~hl~h shows when Coun~l ~mee~a. Until au~h t/~a ~he wo~e a~oept~d by ~ the Owns, · ,. a ne e,.en a .'. a · .n ' ~~ ' ~ U °~°m let~F the w0~k ~he 7. Att~ale 7.7~ End of Seoond Paragraph 'No e11owenee ~h~11 be mede ~ot asphalt, oil~ o~ pit ~un or pit processed 8. A~tiole 7,7, Third pa~ag~sph~ last eentenoe ADD~ 'Cont~aator hoe not pnid' ~ . '." ' ,:.: ; AOOi "In order to be paid on materials the following eondit~ons have to be met; ;:._::... o. The mate,ial hoe been e,o,ed or eto. kpiled in ,,. *:.,.: ~ a manner aooeptablo to the Eng~neee a~ o~ on an ~:: ~'~-:"~ approved e,~e. eoeoptablo evidence of tho quentlEy ou~,, o~o~od o~ oto~kpiled matarialo. . : ~, ., ~ ! ':'-' X-9 Munldpallty Of Anchorase .,,.,..~. ,,, .~ .,.;;. ..'.' ~.* '.?....~;'~ "lUNE 1980 L_ L. L_ [- A~tlcle 7.5 Force Account Bills Bills for force account work must show in payroll from the dates, names, hours worked each day, rates of pay, and amounts paid to each individual employed on such work, and must give in detail the nature of the work done by each. The equipment used, hours of operation and agreed rates must also be shown. Bills for materials must be fully itomized, showing dates of delivery, quantities, unit prices, amounts, and dlscour~ts, and must be accompanied by receipted Invoice8 covering every item. All bills for payment on force account work must be submitted in triplicate, must state the number of the contract under which the work was performed, and must be approved by the Engineer. Failure to present an estimate within thirty (30) days after the close of the month in whloh the work covered was performed shall constitute a waiver on the part of the Contractor of his right to present such bill thereafter or to receive payment therefore. '. Article ?.S Progress Payments , ~i~~' " " During the progress of the work the Contractor may request progress payments for work , Bt' .. · done during the preceding calendar month, Such request must be accompanied by an ',i.,.,.~-~: ,,, updated progress schedule. Progress payments may include reimbursement for materials [~ ':5/ " stored at an approved site provided proof of payment by the Contractor Is given. :,~t At a regular period each month the Contractor shall furnish such data necessary for the it' Engineer to make an estimate of the amount of work completed and of the value of such · ~.[,' -~ completed work including an estimate of the amount and value of acceptable material to be ,'"~' ~'~.' ~? ' incorporated in the completed work whlch has been delivered and properly stored at or near ~.~ ' ' the site or at an a~ceptable location to the Engineer. With these estimates as a base, a partial · '~ .. payment shall be made to the Contractor, which partial payment shall be equal to the value of ~ · i ~ oompleted work as computed from the Engineer's estimate, plus the value of acoepted ~ . ' ~ materials which are In a condition or state of fabrication ready to be Incorporated In the · l · completed structure and which are held in storage on or near the work, the value of each ~i" ~ materials computed In accordance with these specifications, less such amounts a8 may be i~ ,; deduotible or as may be owing and due to the Owner for any cause, and less an amount to be .:~;.~...~....,: .~.. ~, retdned In protection of the Owner's interests. The Contractor shall furnish prior to the '! '.!.~ ...... ' : submission of his first progress payment estimate, a breakdown of hie lump sum bid item or "· ' " ~ Items which will be reviewed by tho Contracting Officer as to propriety of distribution of the -, 't.. . . ! ~, total cost to the various accounts. Any unbalanced Items as between early and late payment i, '" ' ~t items or other discrepancies will be revised by the Contracting Officer to agree with a 'I ~ reasonable cost of the work Included In the various Items. This contract bid breakdown will . ~ ~' ~he baa,~ for rogreas pa_yments to the Contractor. "-i~.~ .............. ~-- Il} / The Ow nar wtll-'~Fo c~s s ~ a r~i-al ~aY~ ~'~'q ~s~-d-~-k-e P aY m ~-n~ t Et ~o~.~;'a~t o r within · ;' .. . ~ ~ twenty (20) days of receipt of tho application for partial payment. Until such time as the work · .",] ....... .- ' - 7. .... ~ ~1 ! is accepted by the Owner, the retained percentage shall be ten percent (10%) of the value of, · ...1'. ", ~ ~ t the completed work, ' · .;. ... ~; ~ ,, ~ Whenthedoflarvalueofthecompletodworkhasreachedseventyfivepercont(TB%)ormoro, . .i · .' ;', ~ ~ .J the Contractor may request that the retainage be reduced to five percent (6%) or twice the '}' o . ., -' ~i _ _~ '~ valueof the remalnlng work, The Owner may reduce the retalnago based on Contractor'8 '.J.' '" J! .~ ~ I progress schedule, cl~an-up, contract completion cOSt and other factors, "i' . ' !!' _ ~q ~ I b~l ion of 95% oi ihs work, the ~nglneer may approve progress payments up to I ~ ~' ' '':" ~' ~i ~ { 98o~ du~the Contractor providing therei8 sufficient retalnageto cover the '.i -~ . · tl ~ ~estimated oc st of the remalnlng work or any claims. _ ' ~" ' I '" ;~'i ~'~ Wl~en a~pllCable, -if Si-at6 lAws-or m~nFciP~l 6rdlnance provide for a greater sum than ' ii G~ Indicated al:}ove, the amount required by such laws will be retained, : i: ,' ., ' ]~ ~ The Engineer may withhold or, on account of subsequently discovered evidence, nullify the ,~- :,~' ' ' ~,! whole or any part of any payment certificate to such extent as may be deemed necessary to r- Perlormanoe and Payment Bond -- The form of security approved by the Owner, furnished by the Contractor and hie surety guaranteeing tho complete and faithful performance of all the oblioatlonb and conditions placed upon the Contractors by the contract. Plane -- The mapo, plans and drawings ae listed end referred to in tho"Contract Oocumente" together with any additional maps, plans, or drawings also any supplemental drawings furnished by the Engineer to the Contractor and alee all approved shop drawings submitted by the Contractor and approved by the Engineer, all as provided elsewhere In these specifi- cations or other contract doeuments. Proposal -- Tho written proposal of the bidder on tho form furnished for tho work oontem- plated and which ia required to be signed by the Bidder. Proposal Guaranty -- Proposal Bond -- Bid Seeurlfy -- Bid Bond -- Tho security to bo furnished by the bidder as e guaranty of good faith to enter into a contract for the work contemplated If it be awarded to him. (~-"~-D~eD~e o~ `~ub.~ ~orn~e~o~ - F~r a~ :;nstruct~n c~ntra~t~ the term "dat~ ~ ~. ub~tan~ ~ ~ riel completion of wo~k" shall mean that ~ate upon which the Improvements ~i~n are t~ I' aubleat matter of the contrast ara essentially ~omplete~ and available for owner a I uae for t~e purpoeee and In a manner Intended by the owner. Entered on Final Payment 8hop Drawlng~ -- All drawings, diagrams, IllUetlratlons, brochures, aahe~ules and other which am prepared by the Contractor, a subcontractor, manufacturer, supplier or ~lstributor and whi;h illustrate the equipment materi,l or ;oma portion of tho work. Bpeelal Provisions -- Tho Special Provisions ara specific clauses setting forth conditions or requirements poeullar to the work and supplementary to these Specifleationa, Speollleatlon, -- Tho directions,, requirements, explanations, terms and provisions pertain- ing to tho variouc features of tho work to be dona, manner and method of performance, and ~.=.:':':.~..::.."~l~] tho manner and method of measurement and payment. Tho specifications Include such ..... ~ ~ub~..lra~lo~-- Any Individual, firm or corporation acting for or in bohall ol tho ~~~::'~i~ suppliers of material or equipment oxaopt that production of materials or supplies at tho ~?/~:"'?'""~ project site 8h~ll bo deemed es being produoed by ~ suboontraGtor where suGh i8 not ~ ~?.,.~... produced by the Contractor's own forges ~nd equipment. ~)."~- .... ~::~. Is Ihs SIan~ar~ ~peatfleaIion~ ~n~ generally Involve ~lleraIions ~nd a new ~~l llem~ or ~ublle~ll~l changes In I~O ~landar~ ~peetlicationl. ~upplemenlal ~peeitleallonl ;an alas be Iho~e epeoltleaIIon; I~al pertain only Is a parlleular lype el ;onelruallon, 3 ..-- ........................................ IIII II _ il ill.. ill! ,ill ..... I .... lit _ F' materials are not practicably returnable for credit, be purchased from the Contractor by tho Owner et an actual cost (without percentage allowance or profit), and shall thereupon become the property of the Owner. Article 7.0 Final Esllmale and Payment When the final inspection has passed, the Engineer will accept a request for the Final Payment. There shall be withheld from the final payment any sums retained pursuant to Articles 6,16, 6.17, 6.20, 6.23, 6.26, or 7.6 or any other provision of this contract. The retalnage shall be held by the owner for a period of not less than g0 days following the final acceptance of the completed project. Following the said 90 day period, that retainage which la not attributable to a specific claim may be paid to the contractor provided that the contractor has fully complied with Section 10.08. If any additional sums are thereafter retained pursuant to specific claim, the engineer shall notify the contractor of the amount to be retained and other details of the claims pursuant to which the retainage will be held. -"Neither the final payment nor any part of the~reta[r~e_d ~ercenta_~e shall become due until the~'"~ engineer has obtained a specific release as to--the satla~act0ry condition of the public places affected by the project. The release shall be signed by the Director of Pu bile Works, and shall be applicable to conformance to location, bac,k, fill, compaction, general condition of the ~public place, and repla'cement of,,,Improvements. Article 7.10 .8u.._epenalon of Payments No partial or final payment shall be made aa long as any order made by the Engineer to the Contractor In accoroance with the specifications remains uncompllad with. Article 7.11 Correction of Work after Final Payment Neither the final certificate nor payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting thorofrom, which appear within a period of one year from the dato of final acceptance. Tho Owner shall give notice of observed defects with reasonable prompt° ness. The Contractor shall initiate corrective action within five (5) day8 after written notifica- tion from the Owner. The Contractor's bonding company will be notified of any existing defect; not corrected within the above specified time. Article 7.12 Payments Payments under the contract shall be paid in cash by tho Owner unless otherwise provided by the Special Provisions of these specifications, Arllele 7.13 Assignments The Contractor shell not assign the whole or any part of this contrast or any moflios due or to become due hereunder without written co;leant of the Owner, In cas. the Contractor assigns , all or any part of any monies due or to become due under this contract, the instrument of 0 '~,, assignment shall contain a clause 0ubstantlally to tho effect that it Is agreed that the ri hi of ,,....-~.~.~ '~, ~.' .... Ii the asslgnee tn and t° any m°nles du. e °r t° bec°me due to the Contractor ahall be subgtt ~ ~ leo o "~ ~ ~*.;;.' J~ prior claims of all persons, firms cna corporations o1 service rendered or materlalo au lied ~ )' '~: .... ~ ~'X~-: *" ~ for the performance of the work called for in this contract. PP L. I- THE AMERICAN INSTITUTE OF AR ITECTS Document General ConditiOns of .the Contract for Constructmn "  PROPER~ 4. CONTRA~OR 11. INSURANCE '  S. SUBCOHTRA~ORS 12. CHANGES IN THE WORK &. WORK BY OWNER OR 8Y 13. UNCOVERING AND CORRE~ION ~ SEPA~TE CONTRA~ORS OF WORK  7. MISCEL~NEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT '~" ~' Thit docum~l hal b~ ag;roved and endoned by ~e A~qnctaled General COfllIICIOIJ Of L F- 7,7.1 Il Iht ConlraCl Oocumanu, laM, ordinances, rqulaliQns or QrdOrl Of any public aulhonty hiving iUdl- diction ~(lutre any PQfflQn 0! Ihs Work IQ be impacted. toiled or uppraWKI, the Contractor shall give the An:hltec~ timely notice et its readiness so tho Architect rely obseffe lUch inlplCliQn, testing or approval. The Contractor Ihall bear all costs Qf such mtpectrem, tests or upprQvalt con- dulled by public authontles. Unless othenvise prevtded, the Owner dull bear all costs of other implCtlOnl, testl of appfovall. 7.7.,1 Il the ArchiIICI detenninls that any Work mclulml ipeaal inspection, lestlnL or approval which Subparl. Inph )'.?.1 does not ,tdudl, he will, upon written )Jtorlaalion ~om the Owner, imtruct the Contractor to order such tpeall inspection, resting or approval, and the _Co_mractor ?hall 81ye notlr4 al provided in Subparagraph 3'.7.1. Ii such splclal impecaon or testing wile a failure 'of tho Work to comply wllh the sedUiremenls of tho (:on. Uact Oocumants. the ¢onlractor shall bear ail costl there. of, including compilation for the ,&.rchlrect's additional Nrvlces midi nKesl4ff by luch fadure: olhorwise thl Owner shill bear such costl, md an uppmpnate Change Order shall be iuued. 7.7.3 Itequlred clfllflcates of Impaction, t~tidg or ap- preval shall be secured by the Con.actor and prempdy dlliverad by him to the Archilecr. 7.7°4 I! the A~chlflct il to observe Ihs Inlplctlons, or approvals required by the Conlnct OocumantL he w,II do to promplly and. where practicable, al Ihs source Supply, . 7.8 INTIRIST '' t,' .... 7.1.1 Pavmenu due and unpa,d under'Ihs ContrKl C)ocumenlS shall bear ifltlresl from the dale payment due at )uch rate ii lei piffles may agree upon in writing ur. ,n the absence thereof, al the legal rise prevailing al the place ot the Prolecl. 7.1 AIIITRAIION 7.t.I ,411 claims, disputes and other matter1 in qumtlon belween the Contractor and the Owner arising out of. ftlalm! to. the Contract C)ocamenls or the breach there. Of, l~caOI aS pIEVKled in SubOafalBrloh L2.11 with re. specs lo theoArcni(ect s dm:sirens on matterl relating lo 4fllstlc aff~'f..and exce0t tar claims which have been wa,vid I)v Ihe maklml or acclosence et final Payment 48 prevlded by Suboaratafl0hl 9 9,4 and 9.9.S. 1hill bi tided bv 4fhllrahOn m accordance w,h the Conwuctlofl Ifldusln ~lbllrallOfl I~Ules Of Ihs American ~flralren allrH ~)lhlfw~slo No afhllrallOn aflMng ouI of or relallfllj lO In't (Onlflct Oocumlnll ihlll mclbdl, by ¢onsellCll- lion ~omder of ~n Shy rJIIter mlnlllr Ihl ArCtIiIKf, his entotovm er consUillnll iKII)I I)v Wfllren (onsenl (:On, Iai#ifil a tplCtliC 'ett~enCl lo the AIIreemefll and sltlflea bv mo 4rcnlrect. IhS Owner the ¢omractor and any emir pefsen muqlql to bt ~olned. No al~lll~llOn lfllll ,flciuae by C0ntolldal,on. ~mncler or ,n any ,Jlher mlnnl~ Oafllltl ,)met than 'ne Owfler the CUfllragfOr aria ,3nv Oilier oefgofls ,~uOslanflellv ,eVOlved Jn a cOmMon OUalllOfl ,Jr laCS 4)r law ,vho~)e prmence required if complete relle~ is to be accorded in tho arbt- tratton. No preen othir than the Owner or Contractor shill bi included al an original third piny or additional Ihlrd party to an afbitreliOn whose Interns or responsl. bailey la Imubmntlal. Any consent to aeOllration Involvtl,6 an additional pellon or parlQnl Ihall not COnStilule con- sent to a~bltratlon of any dlspufe not descrtb,,'l therein or with my pe~lOn not named or dmc,bed therein. The ' ~oNIom! agrNmenl to ll}tlrase led any other agreement to a~llrate wtlh an addilmnal potion or plrlonl duly conNnted to by thl pifllel to the Owner. Contractor Agreement shall be splcJflcally enMrceablo under the prevailing arbitration law. 1111 iwlrd rendered by the arbilrdtorl Ihall bi Final, and' ludgmens may be entered upon Il tn accordance with apl)lluble law in any cou~t hiving juflKlictl0n lhereof. 7.~.3 NOliCe of tho demand for esbllrllion shall bo filed in w~Itln6 with the other paffy to Ihl Owner. Con~ctor Agreement and with the American AlbilrellOn AiiOCll- lion. md & copy shall be filed with the Architect. The demand for dfbllrellOn shall be made within the time limits specified ,n Suhplragrll)h 2M?,.1~ where applicable, md m all other cases within a reasonable time aher the dill, dilpule or Qlher mailer m qUesliOfl his arisen, and in no event shaft it be made after the dale when Inltitu. lion of legal or equitable pmceadingl baled on' such claim, dispute or other barred by the applicable IlalUll Of Ilmilalionl. 7.~.3 Unless otherwise agreed ,n wnung, the Contractor Ihall Cam; on Ih0 Work and maintain ,ts Pro6ress dunng any arb.ration proceedingl, 4nd the Owner shaft cdn- flnue to make paymentl lo the Contractor in accordance with the Con.act Oocuments. ARTICLE 8 TIME 8.1.1 Ufllesl othe~v~se pmvicled, the Col,tact Time ~s the peflod oF lime allotleq ,n the Contract OocumlnlS For Subllanl~al Completion oF the WOrk 41 defined m Sub- paraqMph 6.1.3. including aulhoncesl adlustmentl Ihlreto. L1.3 The dale of commeflcemenl of the Work i1 ~e dise eltabllsh~d m a notice lo i0rQceed, il there is nO nOtiCe to proceed. ~l shill be the dali or tho Owner. C0nlrlctOr Aereeffleflf Or such other dale al may be eslablilhecI Iherem. 6.1.3 The 0ale of Subslantial ComoletiQn o~ tl~e Work or designated oofflOfl Ihll~er i1 Ifil Oase Clfllfl(Kt I)v the ~rChltlC! Whiff construction accordance with i~e ~OnlraCt 0oCUmlfl(i. Io tflt_C3wnq{, the Work Or OOfllOn 6.1.4 as ~nall mean i:alaflOar gay Ufllell eiffel%vile IPlCIflcaliv 8,3 PNOGIlSI ANO CQMI)tlTION 0.2,1 &Il ltme hmifl ~lalea .n ,'qe Cofltf3ct OOCUmefll! are 4101-1976 L, L_ ..... -Itl~' .... / ..... Ifil '- J-'llm,d L. Il 1.23 The Contrlctor shill b~m the Work on the dill of minmencament ia dMined in Subparagraph 0.1.~. shall ~ the Work M~ld uP~itlomly with ~oKfl and Ihlll Ich,~e Submnual Complmmfl ~thm the Contact Time. ~.1 Il the Contempt ,t delav~ at any llina m the ~l o~ the Wofk by any Kt of ~l~t of the O~er of · e A~,Kt. Of by any ~glo~ of etth~, of ~ ~lfate ~ntm~or ,mglo~ ~ ~e Owner. or ~g~ o~e~ m the Work. of ~ labor dit~ut~. U~UI~I dtl~y Iff .idlpOftallQfl, livens weather tendS. or ~ ~m~ ~ond ~e bnlm~o~s control, or ~ d~ IIy 4uthoni~ by ~e Ownff p~din8 4~ltrilinn, Qr ~ Other UUII which the Ar~lt~ detl~n~ j~h~ chi delay, ~en the Conlrlct ~me shill be tlnd~ by ~nse Order for such m~bie .me as the Afchlt~t rely dltefmm& ,. ~ My clasm for utah.on of hms ~lll be made wmm6 to the AKhlIKt not mom t~n ~W dl~ lit~ the commencement of Ihl dilly; othello ~t shill wl~. In the ~ ol & ~ntinulng delay only one claim is flac~. ~t Contriver shall prOwdl afl ~timlte the probable eK~ pi such dilly on' ~l pmgr~l of the Wo~ ~3 ff fie ag~m~t il made stating the dat~ upon . wht~ nit.relations al provid~ iff Subparogrlph ~6 ". shall ~ bm,sh~, th~ fie claim for d~iy shaft ~ al- ~ ~ account of failure to f~h ~h Inte~mtl. lions until flft~ da~ after wntfen ~f is made for · m. and not th~ unlell such claim ii m~nible. ~4 ~,e Pa~gqph 6.3 dom not ~cfude Ihs of ~ml6~ lot d~ay ~ diner pl~ under other pmvi. SlOg iii the Contract Oo~mlntl. A~ 9 (' PAYMENTS ANO COMPLKON t. ld ~e CofllfdCl Sum il fl4lH m thl Owfler~ofll~ctor Agfflmlflt and, mcludiflg dulhonz~ adiustmentl thlMto, ~s the total amount ~vable ~ the Owner to the Contrac. t~ ~ I~ ~d~mancl of the Work under the Contm~ by such dill subsllnttating the ¢OmrlCtOr'l right to Oiv- ~ In.hi as Ih. Owner or th. Afch,t.t may r.qu,re. Ina ri- ~ ( ~lecl,nO ~otainiSer if In},, as 10~ov,~llcl elsewhere ~n-h--Li~ · Initial, pIyinlnll will be midi on account of Inatenila or eau,omens not incomomnd ,n the WOrK but os.retell and suitably stored at tho site and, if IpprovlcI ,n ad- vance by the Owner, pl¥inantl Inly slinileriv be made for matanals or ~utoineflt tmtably sto~ed it lime emir location lensed upon iff wntmlll,. Paymantl for materials or equipment stored on or off the elto shill be con- dltlonad upon subiniSllOfl by the Contractor of bills gala or such other proc~ume sal~sfact0~ tO tho Owner to establlah the Ownn(s t,tle to Iuch mlteflals or Inlnt Or otherwile protect the Owner's interns, including applicable insurance and t~lnsporlltton to tho site for thow matorilla end equipment stored o# the site. 9.33 The ~ontractor warriors that title to iii Wo~k. materials and ,eclulpmem covered by In Applicauon. for Payment will piss ii tho Owner other by mco~porluon in the comtructlon or upon the receipt of payment i)v the Contractor, whichever oc'~Jn fins, frle and Cllar of III liens, claims, iIcurlly lfltermta or eflcuinDrancea, herein- after referred to in this A.icle 9 ~ "liens"; and that no Work, mltenala or eclulpment corelli by In AI0pitCItl0n for Payment will hive 10e~n aCClUlred by the Contrlctor, or by an~ olher person porlo~mln6 Wo~k it the lite or lumlshmg Inateriais and eauipment for the Prelect, sub- iIct lO In allreemem under which an ,nlerml tnemm or an ancuinbrance thefllon la ralalned by Ihs seller or olhlr- win iinposed by the Contractor or such other pi.on. 9°4' CLqllflCATES FOR PAYMENT ":" ' "~ ~' 9.4.1 The A~ch.~ct will, within seven davl after tho clips of the Contractor's AI)phc~tlon for Pivment, llthlr i~sul a Cellthcatc for Payment I0 the Owner, qwth copy to Ihs Contractor, for such ainount al the .AfchltlCt delewntnes is prnperlv due, or notify the Contractor in willing hie reaSOnl for wlthholdm6 a CefllfIc,lte as pro- "9.4.3 The il'SUInCI Of a Corllficlte for Payment will c011. st.ute d tm)rmentatlon by thl Architect tO the Owner. ' .... hied On hit Obflfvallofll al the.site as provided fn Su0- pafallraph 2,~.3 and the dita cementing the ApplicItlon ~ Il . ............ J Dncumeins. 9,3 gCIalDUIJ OP . IraCtOr ~hall lubin, lo the ArChiIict a schedule of valul~ i. ' ~': allncalld lo the vdflnU~ pOrlllim (, the Work. prepared on '. dl ~uch to/in and ~upported by ~uch ddta lO subllantlale ils ,. .... aCCUMCY ~s the Architect may flqmre. This bChedule, un. le~s'ObleCled to hv lite Afchitlct. ,hdli he uHld onlv aa ,1 : ' ~: ' ' :' ba~i% fnr tho Cimlraclllr'~ Apphcaiinn~ for Pavmem. I ~m(tm ~14Olltn~o ;fl lng ~wner. Cufllrdclof ~llle CUfllfaClOf ~h411 subm, I. the AfChffeCl ,lo .- J,%pphcal.m ifil Pavmenl. flfllOfl~Ud ii fuquif~. for Paynim, thai the Work has progmsed lo the POint indicated: thai. to the basf of his knowledge, mfofinitlon and hehlf, the cIuahlv of the Wo~k I1 in accoKilncI with the C:nnlraCt Oocuinents Ilubllct to an evalual;on Qf Work for comolmance with tnt Contract C)ocumenll upon Substanllal Completion to the resultl Of any lubll- .QUanl lefts fi(lO.ed hv or ps,refined under Ihs Contract Oncument~, fo minor derlatlonl from the Contract Oocu- manlt~ correctable prior to coinolellon, and lO any (luMmcallfln~ Ilalld in his Certmcafe,. and that tnt COn. fi'actor ~ enlllled lO payment m the amount cloned. I'hlwevaf, hv i~ulflll .~ Cerll,cale for Pa~-mem, the ArChi- llqCf ~h,lll flUl IherenY he netined to feprelent tirol fie iiSI ffld(ll~ *qhlUSll~e ,if Continuous ilo.iisi ,flsoeCtl0nl '~O (hiCk the fluahl~ iJr tlUdfltll% att !"lO ~0rk ~Jf trial he hal al01.197& L "' F BI/) & CO~eRACT 8EC~IOII 008~0 ~(REFERENIIE MI-~CEL~AIIEO..US PROVISION8 - IIIlBr~_wa?. A. Add a new Para6raph 7.1.2 to read a~ followsl "The General Contractor and ALL Subcontractors must file each week a schedule of employees, wases pal4, and other information required b~, Alaska Statute AS ~6.05.040." the next to the last line to '*Contractor.' C. Delete Paragraphs 7.9; 7.9.11 ?.9.21 sad ?.9.~. ~X~ (~"FJm~..OE (;]~___t COS])Z~XO~Sr Aa~!O~ 8) Amend Parasraph 7.7.1 by ohansin& the word oOwner,, in Add a new Parasraph 8.2.~ to read as follower "Date for Substantial Completion shall be as defined in Parasraph 8.1.~ shall be a9 stated in Section 01701, Division ~, General Requirements, as modified by applicable Chanse Orders. Owner reserves the right to use or occupy the buildin8 or ~ portion thereof e~ter receipt of a certificate of substantial completion thereof. Delete the words "pendin8 arbitration" from the 9th 3.Ins of Parasraph 8GO 9 ,P. AYllEIIT8 AND OOllPI~STIOII (R_V._laEpl~ICE GE~IR_R___at CO}IDXTXON[i ARTXI~T.E .... - .... ~ Add a new Parasraph 9.2.2~ "Schedule of Values must be submitted aa soon as practical after the award of the Contract. In all oases Schedule of Values must be submitted at least 15 days prior to the first Application for P~ment. Sohed~e of V~ue9 a complete bre~do~n of all phase of the ~ork required by. the Contrao~ Documents. Xn preparin8 Schedule Values, Contractor 9hall follo~ the SPecification Index, Section by Section, eetablishin~ a value for each 9eot~on of ~ork, inoludin8 all applicable ~d overhead.*' .., ,' ".'_-. B. .A.mend. Para&raph 9.~.1 to read as follower "On or abotit -! ....... '. ~ne first de~ of each month the Contractor shall 9ubmtt :' '" ?" ~ . to ~he Architect an t~emized Application for Payment '~*":'- "~'" I~ based on Schedule of Values, ~or a stied from t ~.. .... P :,i~. ~' [~ first ~ay of ~he month th~oush the las~ da of the ~'. ~ .... J~ month. Application ~or P~ment 9h~ll be exe~ted ~d ',;' .' . " [~ submitted tn five (~) oopie9 on form9 ~rntshed b the o,?. AppLLo~tLon ah~LL be euppoe~od b~ auoh~a '~':','~:~, ~:, ~" · I~ auoe~anti~ttns ~he Contraotor'o rtSht to payment, aa ., ·. ... F- Il ii il I I II I© DIVISION 0 ~ (~ BIO & CONTRACT ., S£CIION 008)0 PAGE 7 or 11 the Owner and Aruhiteet may require, including lien releases From ali subcontractors and suppliers ind~eotiona that the previous months payment hoe been used to satisfy a~ obZlgat~one ~ot wh~oh ~t wee eubm~ed. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~, an ~tem~zed ~Let~n9 or rush mete~aJ~ substantiated by ~nvo~oee ~or ~he mate~a~ eha~ be at~a=hed to the Appel=at,on ~or Payment and the total listed on the App~loat~on ~ot Payment under the ~no provided Fo~ "Sto~ed ) Hotet~e~8", Sto~ed meter~e~8 must bo on e~te. AFter =ett~r%~d e ~oveo e mono w~ se made ~wo~k ~ cna uwner sons,aero cnn emoun~ re~6~ned ~b' ~e" n exoee8 o~ cna amount -: e · e~ a ..to aeeur~, eat~ereo~o~ oomp~ .on or a . Ob~qat~one and. w~ not .be.pa~d until aL~ ?ork has. : been =omP'~e~.ed bnd ee-bU~.~ d~q~ngo ~ave been - eubm~tted~ p~ope~Ly =e~tTr~ed~ and epp~.oved~ as ~ .. ae other prg~e="~ ~oeeou(~i~u~re~knc'e; ...... c. Amend Perograph 9.5.1 by deleting a]~ of the oenten=e after the words "auks poymen~" and substituting therefore "w~h~n ~0 days". Delete from Porngraph 9.7.1 the wording "or awarded by arbitrat~on". Amend the next to last sentence of Paragraph 9.0.1 to substitute the word "fi~nal" For the word "$ubetant~et" in both places of eppearanoe. Fie Add to Paragraph 9.9.2t "Contra;tor shall submit in dupil=ate 'Contraotor~e Al'fidavif. of' Payme,L of Debts end C~a~mo~~ AZA Oooument GTOat ~Contraetor~o Affidavit or Releooe or L~ene,~ AAA Dooument GTOaA~ end ~Coneent o~ Surety Compony to Document G707 (Dooumento moy be ob~o~nod From A~ehj~eet)." Add a new Section 9.10t "Inspection For Substantial Completion end Inspection for Fi~nol Completion." 9B-7 J~ L_ L_ F- [ ' ~'his document has important legal consequerces: consultation with tin attorney is encouraged with respect to its completior, ur modification. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division oj'the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE _ This document has been approved and endorsed by ... The Associated General/~u~ Contractors of Ame~ca - 'These O0nera~ ~onditions have been prepared for use with the Owner. Contractor Ag~ment~ (No. ":~ 1910.8.A.I or 1910.8-A.2, 198] editions), Their provisions are interrelated and a change in on0 may necessltnte n change in tho others. Comments concernln8 their usage are contained in the Commentary ' on AKreemenl9 for Engineering Services and Contract Documents. No. 191~9, 1981 edition, For ~ ~ .... "~ 8uidnnee ~n th~ ~reparation of Supplementary Conditions, see Guide to the Preparation of Supple- . ' ' mentary ~onditlons (No. 1910-17, 1983 edition), When blddtn6 is involved, the Staflda~ Fo~ of ~'~'~ Inslructione to Bldder~ (No, 191~12, 1983 edition) may be u~d, -~.~ :~. No. IVI&8 t Igg) ;dlll~) ;.~ ~. , . ,, *' .. o.,-- -'~'.,~'~::~.. ,. . '"- "; ' -!i.~..,al PA TO CONTRAC'fOR AND $ch~dnle qf Yahm: 14,1, The ~chedule of values established ne provided in Chnn~OM~rwill be isnu~inc~omtlnG tho neco~,n~ mvi. paro~rnph 2.9 will ~e.e n~ Ihs bnd~ for progress pnymom~ sloss in tho Contract Documents with respect to tho Work: nad OWNER shall be entitled to nn appropriate decrease in the Comroct Price. and, if the pertte~ ore unnble to agree ns to t~he amount thnreof, OWNER may make n claim therefor as provided in Article I I. If the ncceptnnce occurs after such recommendation, an appropriate amount will bo paid by CONTRACTOR to OWNER. OWNER Moy Com~ D~iellve Work: 13.14, if CONTRACTOR falls within a reasonable time' after wdtten notice of ENGINEER lo proceed to co~ect and to co.ecl de~eclive Work or to ~movo and repine rejected Work as required by BNOINEER in acco~nnco with graph 13. I I. or if CONTRA~OR fails to pe~orm the Work In accoMnnco whh tho Contract Documents. or if CON. TRACTOR bile to comply with any other provieiou of tho Contact Documents, OWNER may. aRer seven days' writ- end will bo Incorporated into a form of Application for Pay- ment acceptable to ENGINEER, Progress paym0nts on ~ccoum of Unit Price Work will be based on the number of units completed. Appll~rlon /or Prosresl Payment: 14.2. At least twenty days before each progress payment is scheduled (hut not more often than once u month), CON- TRACTOR shall submit to ENGINEER for review nn Appli. cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as ts required by tho Contract Documents. If payment Is requested on the basis of materials and equipment not incorporated in tho Work but delivered and suitably stored at the elto et at another location agreed to in writing, the Appllc0tlon for Payment shall also be accompanied by a bill of enlo. invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of MI liens, charges, ten notice to CONTRACTOR, correct find remedy any such security interests and encumbrances (which are heretnal~r deficiency. In exercising tho right~ and remedies under this in these General Conditions referred to ns "Liens'*) nod O paragraph OWNER shall proceed expeditiously. To the extent evidence that the materials and equipment ore covered by necessarytoecmpletcconectivenndremedlalacdon. OWNER appropriate property insurance and other arrangements to mayexcludo CONTRACTOR from oiler part ofthe site. take protect OWNER's interest therein, all of which will be ant- possession of all or part of tho Work, and suspend CON- isfactory to OWNER, Thc amount of ~niuneo with respect (t'_ TRACTOR's services related thereto, take possession of to progress payments will be ns stlpulntT'd'lfl'll~ ASreement,~ CONTRACTOR's tome° appliances, conetroction equipment and machinery ut the site and incorporate in the Work all nmtedals and equipment stored at the ortner forwhlch OWNER CONTIbtCTOR's Werrenty n[Tide: has paid CONTRACTOR but which ore stored elsewhere. 14J. CONTRACTOR warrants and 6unranteee that title CONTRACTOR shall allow OWNER, OWNER's represen, to nil Work, materials and equipment covered by any Appli. tatlves, o~ents and employees euch access to the site aa may cation for Payment. whether incorporated in the Project or be accessory to enable OWNER to exercise the rtghte and not, will pass to OWNER no later thnn the time of payment remedies under thi! paragraph. All direct, Indirect and eon- ,. sequential costs of OWNER in exercising such rights nnd remedleswili be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change OMar will be issued incorporating the fleecsenry revisions in the Contract Documents with respect to tho Work; and OWNER shall be entitled to on appropriate decrease in the Contract Price. nad. if tho parties nfo unable to narco us to the amount thereof, OWNER may make n claim therefor ne provided in Article I I. Such direct, indirect and consequen- del crotn will Include but not be limited to fens and charges of engineers, architects, attorneys nad other professionals. ell court nnd arbitration costa and all costs of repair and replacement of work of other~ destroyed or damaged by correction, removal or replacement of CONTRACTOR'~ de£ecdve Work. CONTRACTOR shall not he allowed an extemlon of the Contract Time bagasse of any delay in par- formnnce of the Work attributable to the exercise by OWNER ofOWNEWs rigMa end remedies hereunder. free and clear of all Liens. Review e~ Applleedom [or Pro, real Payment: 14.4. BNGINEER will. within ten days after receipt of each Appllcmlon for Payment, either indicate in wridn8 n recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indl. eating in writing ENGINEER's r~asone for refusing to rec. ommend payment, In the latter ease. CONTRACTOR may make tho necasgnry corrections and m~nbmtt the Applies. lion, Ten days after presentation of the Application for Pay. moat with ENGINEER's recommendation, tho amount rec. ommended will (subject to the provistene of the last sentence of paragraph 14.?) become dan and when duc will ho paid by OWNER to CONTRACTOR, 14,$. ENGINEER's recommendation of any payment requested itt an Application for Payment will constitute a II L_ 26 L. L I-' L_ I-- L_ t... F' [ I[~, [ [ I [ [[ [n,n [Il I ~e ~n~c~ctor 'aha~l subm~ ~o the Bn~lneor an Application ~o Pa~ent, on the forms ~urnLo~ed, supported by ouch data an the Engineer may require substantiating the Contraetor*8 righ~ to pa~ent ~or Work done during ~he preceding calendar month. Engineer will, vithLn seven (7) days n~ter receipt o~ the Appli- cation ~or ea~en~, e~hor approve e PnF~a~ pa~en~ gntime~e and preoon~ Lt to the Con~rno~or for signature or noilly the Contrao- tot ~n writing hX8 reason0 for wX~hholdXn9 epprove~. Approvod Par~ial Pa~ent go~ma~eo shall be received bY the ~ner two .(2) days a~ter execution b~ the Contractor. ~ ~ner viii ~ra~or v[th[n ~l~teen (15) days o~ receipt o~ the Partial Pay- men~ Estimate. If the ~ner fa~18 to make pa~ent to the ContraotOrpa~ent ~thtn ~orty-~ve (45)ma~,days o~ receipt o~ the Partial Eotima,e, the ~n, rac,or upon seven (7)days notice ~o the ~ner and EngLnoor, suspend ~ho Work. ~o ~ ~,e~alaaqes ~e ~a~ will re~a~n ~en ~o~oen~ (~0~) of ~he. I' ea'rnin~8 ~o-~ate U~L~'o 'Work ~o co~p~et~ a~d ~eDted.~' H~- ~ver, ~f 2he ~ner at an~ time a~ter ~L~ty percent (SOt) o~ the and authorize pro~reos ~a~ents to the ~nt~actor "la .~ull ~o[ tion. Alter ninety*live percent 195~1 st ~he Work has been satisfactorily completed, the ~nor ~reduce the retention two percent (2~) st the earnings to d~e..ln~ereot .on reta~ne?e Ln~oe~, ~o in~e~ee~ ~hall ao~rue an~ no ln~e~es~ shall be ~n sums ~hiah are withhold an provided ~or hereinafter. " W~thhold~ng. In add~,~on ,o re,a~na9e, the En~neer max from a progress pa~ont ~oF any of the ~ol~n~ rea,snot C~aLM by Subcontractors, auppl~er8, ~aborer8, or .~he A~aoka Department o~ Laborr .. · ,. ,. c..~c_..._- ,..: ., - - :_ Claims made d~reotl~ aga~ne~ ~ho ~unic~pality allog~ng ~Jg~.-.:------~' .... :'" :"'M an act or om~aolon on ~ho part o~ the ~ ~" '"?'" j~ 0 Damage to tho Mun~cipality~ a ~~ ~aLlure to carry out the Work In accordance vlth the ' :. · II I I'll ~lquidated damages, Progress payments shall not be construed as an acceptance or approval of any part of the Work covered thereby and they shall in no manner relieve the Contractor of responoibilit¥ for de£0c- rive workmanship or material, The eotimate8 upon which progreso payment8 are baoed are not represented to bo accurate estimates, and all quantitieo ohown therein are sub,eot to correction in the tinal eotimate, If the Contractor uoe8 ouch eatimate8 as a baei8 for making payment to Subcontractor8~ he does so at bio own risk and he shall bear all 1088 that may result, ?he making of progress payment under the Contract, e/thor before or after the date act for completion of the Work, shall not operate to invalidate any of the provisions of the Contract or to release the Surety, Article 7,6 Payment of Claimants Any claim received by the Engineer a~ainot the Contracto~ or 8ubcontraotor8 from any materialman, labo~or, 8upplier~ 8ubcon- 'tractor, or the Alaaka Department o! Labor will be forwarded to the Contractor by certified mail a8 aeon ao practical £ollo~lng receipt by the Engineer. Thirty days after tho Contraotor*o receipt of the said notice, the O~ner shall be authorized by the Contractor to pay the claim from the earninga of the Contractor unleoo the Contractor had notified the Engineer in writing by 'certified mail that the said claim is contooted or proof that it has boon paid. Only upon receipt o£ ouch notice is tho Owneree authority to pay the claim revoked. Revocation of authority to pay a claim cheil not prohibit the Owner from paying any claim, levy or attachment under compulsion of law. Sums withheld pursuant to disputed claims will not be paid to tho claimant except where compelled by legal authority. Such sums may be paid to the Contractor upon tbs filing of a statement by the Contractor and hid Surety on the form £urnished by tho Engineer 8taring thais (1) tho Contractor contests tho validity of the claim! (2) that the Surety acknowledges reoponoibility for the payment of the claim in the event it is valid and! (3) that the Contractor and the Surety specifically agree to hold the Municipality harmless for making payment to the Contractor of the oma withhold, In tho event that the Contractor revokes authority to pay a claimant a0 provided herein and refuses to execute tho said statement referenced above, tho Municipality may institute an ~n- terploador action in Superior Court, Third Judicial District, and all Court coots and attorney*s fees incurred by the Municipality shall be paid by the Contractor or the Surety, ClaiMants are not 848 41 L F' intended beneficiariee o£ this Article and shall have no recourse against the HunieLpality for e~y failure to pay claims from sums withheld from the Contractor, Upon acceptance of the Work, the gngineor will accept a request~ for the Final Payment, ~~ll be held bthe O~nor for,,a ~Iriod of not III t an ~ o A.~'~p_a~n'~e'o~ ~e worK. ~o FxnaL~a~ent 8 · un~L tne~ Con~rao~ ao e ~ith the Engineer, prior to aceeptanoe the Works a notarized cortl~icate o~ ~liance Ln tho form substantially es ~oZLov8: Z(we) hereby certify that all Work has been performed and materials supplied in accordance v/th tho Contract Document8 for the above Work, that not less than the prevailing rates of vageo aa required by the 8tats Statute have been paid to laborer0, vork~en, and mecha- nice, that all payroll taxes have been paid, and that all claims £or material and labor and other oerviceo performed in connection with theoe Contract Documents have been 8atio£1ed, There shall be deducted from the final payment 'any 8u~8 withheld pursuant to Article 7.6 - Payment of Cleimanto. Ar~Lels 7.8 CorreatLon of Work after Final Pa~nont ~either the final payment nor any progress payment ohall relieve the Contractor of responsibility for faulty materials or work- manship and ho ohall remedy any de£ecto due thereto and pay for any damage resulting therefrom which appear within a period of one year from the Final Acceptance Date. The O~ner shall give notice of observed de£ects with reaoonablo promptneos. Tho Contractor shall initiate corrective action within five ($) days after written notification from tho Owner. 42 849 L_ Contra No.1 SlTEWORK KENAI '[~LEMENTARY SCHOOL ,, Kenai peninsula Borough School Distr,~ ~,i;~'.~-.-"~'- ' ,:~ ~ .~~.~..~ ..~ "~L.: ·" L__ owtng to the Contractor, then the Project Representative may, at hts option, tssue a Certificate of Payment ~n a lesser amount or may reject the ~ppl~catton altogether. The Project Representative w~11 provide a notification ~n wr~Ctng to both Lhe Contractor and the ~er as to the reasons for reduction or rejection of an~ application for Progress Payment. 8.1.7 The Project Represen.t~ve's ~ssuance of a Certificate of Pa~eflt constitutes a representation b~ the Pro~ect Represen.ttve to the ~er that the ~ork has progressed to the point ~ndtcated and that to the best of the Project Representative's professional knowledge and tnfo~a~ton, Contractor ?s entttled to payment tn the amount, RETAINAGE After recetpt by the Project Representative of the Cartel?cate for Paymnt. ~he O~er shall, make pa~ent to the Go.ptractor w?th?n th~rtV (30) days s~Ject_to the 'oPtion of t~e ~ner ~o re~a~n up ~o ~os of t~ ful~ a~q~nt o~ 1~e certificate ~o~ Pa~ent'p~us ~U~p sum amounts for mater?al and ~qu~pment not proPerly stored and subject to damage prJor to use. Mounts reta?ned by the ~pr may be held by the O~er unt~l pro~ect completion.. The ~er may w?thhold add?t?onal sums of monoy from the Progress Pa~ent ~n an amount sufficient to safeguard and protect the ~er aga?nst any apparently meritorious cla?ms arisen9 aga?nst the Gontractor by any party other than the ~er and for any work which the ~er ascertains to be defect?ye or not meting the m~n~mum requ?rements of the Contract Documents. 8.3 CONDITIONS OF PAYMENT 8.3.1 The Project Representative may refuse to approve all or any part of any request for Progress Payment if, tn the ProJec~ Representative's opinion, ~t would be incorrect to make representation set out tn Arttcle 8.1,7 to the Owner. The Project Representative may also refuse to approve all or any part of any request for Progress Payment because of subsequently d~scovered evidence or the results of subsequent ~nspecttons or tests that nullify any such payment ~revtously approved, to the extent necessary to protect the Owner rom loss resulting from: 1, Work which ~s defective or work which has been damaged and requires corrections and replacement; KPB-GC*S MARCH 1986 L. L_ PAGE 00700-32 8.4.4 ~hen t~e Ovner detemlnes on the basts of hts Inspection and the recommendation of the Project RepresentatJve and the Architect that the work, or a spectftc portton of tt, ts subs~ntta11~ c~pl~te, then the Project Representative vtll tssue a Certificate of Subs~nttal C~pletton. There shall be tncluded 1nrc ~he certificate a ltst of 1terns whtch mus~ be c~pleted or corrected before Pro~ect Clos~ut P~ent ts made, and the Certificate of Substantial C~pletton sh~11 ftx ~e ttme vtthtn whtch such Items shall be complete ~nd corrected. The failure to tnclude an 1rem on thts 11st does not ~lter the responsibility of the Contractor to cmplete ~11 ~ork tn accordance vi th the con~ract's requtr~ents. 8.4.S Thu Cert~ft~ote of Substantial Completion shall s~te the date of the Substantial Completion and the respective responsibilities of the ~er and the ContrKtor for the ~atntenance.' Insurance ~nd se~urt~ of the ~ork. The Certificate of Substantial Cmplet~on ~ha11 specifically authoMze the ~ner to take possession of the preMses and uttl~ze the~ for the purpose for ~h~h they are ~ntended. The ~er's beneficial occupancy of the pr~tses shall make reasonable allowance for th~ perfomance of the work whtch the Contractor must complete prtor to ftnal completion. All warranW pertods shall begtn to run on the ~-'" of Substantial C~pletton. 8.4,6 If the Contractor fatls to complete or correct work requtred bv the ~-~ ~ . Certificate of Substantial Completion wtthtn ~e ttme allowed, then ~'.~,. ;.~?~::: ~ ~e Certificate of Substantial Completion shall be votded and the ,.~,..~.~...~/~,~.~.: ~.~?:-... contract time expended b~ the Contractor shall be court,de and tho . ~ .... ~ -,~" accep~bt11~ of the work shall be Inspected as tfa Certificate of ~- ?.~.:... ~...~...-, . Substantial C~pletton had not been tssued. .~ ~: . ,' .~-.~.- ~.L::,;...~. 6.4.7 Zf the Contractor has requested that the Pro~ect Representative and ~ .;~.~. ~ ... ,. O~er make an Inspection to ascertain Substantial Cmpletton. and tf · ~ '" the work ts not then subs~ntta11~ complete, then ~e Contractor ~'?~¥"~':,~.' shall be 1table for all costs of the Owner~ ~e Architect. and the ~'~" Pro~ect Representative whtch have been tncurred tn maktng the ), ~,~,~,. -' :' 8.4.8 Upon Substantial Completion of the ~ork or designated portton ' ~-~---~, · ...~, ...... ~--~ thereof~ and upon application b~ the Contractor and certification b~ . ;~-?... ~.. ~tho Prodect Represen~ttve, thief sh~ e~ ~ecttn ~'"~ ............ 8)6.1 The te~s Ftnal Completion(s) and Ftnal Pa~ent(s) contained horetn ., ~;;:~-;.".~" ' '~/'~ are plural In context and represent both the finalization of (1) the ~':~'~'-~-~' ,:,~' /~ construction phase a~d (2) the no~al one ~ear ~arranW parted ~;'~:'~- .... . .', J-~ subsequent to the construction phase, These steps are to be [ ~~~~~ ' ~:::f~--" ', "]~ ~ represented by lump sum dollar amounts, talent!fled on tho schedule ~. · ~.~:~:-=~:.,;,.-.. ]~ values as (1) Project Closeout Pay~nt and (2) Varranty Parted ~ . '~.~-~':,,)'~ · ~ Pa~ent. The Project CIoseout Pa~ent represents a sum of money to ..~ P" ~!~-:'-:; -~.~!1 (I~ Contractor to furntsh a bond tn a form and tn an amount satisfactory · .~,~.~. o ~ . . to ~fldemn~fy the ~er against 1asses occasioned thereby. If any , ~:.: ........ ' additional costs to settle the clatm or to correct york of doubtful . .~ .... -..~ qua11~ accrue to the ~ner tn excess of the tndemnt~ available to , .;'~.- ~.....' . ~ m~~ ~e ~ner, then the Contractor shall refund to the ~ner Including all lttJgatton(s) costs and reasonable attorney fees. "~'~ 8.~.5 The accep~nce of Pr.]oct Close. ut Pa~ent by the Contractor t~)~.:~ constitutes an expltctt wet vet of all claims which the Contractor mtght assert agatnst the ~er except those previously made tn w~lttn9 and Identified by the Contractor as unsettled at the tt~ of the ftnal Appl 1carton for Project Close, ut Pa~ent. ~?'" .... 8.S.6 The maktn9 of Project Close. ut Pa~ent to the Contractor shall constitute a watver of all clatms whtch the ~er mtght assert except ~ose artstn9 from: 1)unsettled clatms; 2) faul~ or defective Nork after substantta~ completions; 3) fat~ure of the Nhtch appears _ . .... ~- to comply Ntth the requtroments of the Contract Documents; 4) the requirements of any ,arranttes requtred by this Agreement. 8°5.7 ,f. after Substantial Completion, Construction Completion ts delayed through no fault of the Contractor. or by the tssuance of change orders affecting Construction Completion. then the Project ,, .~.-: Representative shall recommend to the Owner, end the Owner may extend -- '"'~'-"? ¥ BI " .. ~, :;.-~: ~ the contract ttme by a reasonable pertod and shal 1 accept . ,:;:: ~ .,. .... certificates for the maktn9 of further Progress Pa~ents. *~. · :'-..:~:- 8.6.8 contract sum Identified on the schedule of values as "Project i!:::~ Close.ut" shall be based on the Contract award tn an amount as ~ ,- '~ ' :.~,. follows: o ~,~. .... ~ Project Close. ut Amount Applied 'J.~:PY~-~":~'~:.~"~ Contract Amount On Excess of Prtor Br, p..cket -~i!i'~ ~ ':'-' % ,. - $100,000 - $249,000 $6,000 " .. ~-,'-,. ,- -..; -_.~-_ ':'".'~...~_,....-~:_::~:~ $260.000- $499,999 ,6.ooo pl,s 2, .. $600,000 - Sl,999,999 $10,000 plus 1.65 ~t'~' *' ....'.,, $2,000,000 - $4,999,999 $32,600 plus 1.0~ ............ $6,000,000 - $9,999,999 $62,500 plus 0.76*. ' .~ .?; :..-.-:.~,.- ~ ~ S~0.000.000 - $19.999.999 $100,000 plus O.6t :,t~,_:..._/ .: ". ~..~ S20,000,000 & up $160,000 plus 0.26t = " '~l~?:::~.?~:-,~,; Thus upon completion of all requirements Identified tn Paragraph ~ ~,.:._..~.~. 8.6.1 as "Project Closeout." the funds representing same shall be . ~I~,¥;-?-'~':- ' released to the Contractor along wtth the "Certificate of Construc- · -~J4', '. tton Completton." Upon tssuance of Certificate of Construction "*~ ,:,~,:- ~ ,,, ~.~ ,. ~f~,::s:/% ~-~ ,'. ~ II tot, and shall be patd to the Contractor except for the Varranty -~ ~ --'~.~. as follows: ." '~I *":~*'"':'~' · 31 Period Payment based on the Contrac~ aNard tn an amount ,, /./~.:.. ,,~/~:-? . * ,, .," ~ '~ -?-::~:~:~- '- ~1 , ~ia '~ ' ":'~ ' ~ ' ~. ~ '~'~:~':~ KPB-GC'S PAGE 00700-36 ,"' ' ~. · '. ~. · ~ .,~. .. ...... ,.. . .~. · . '.:I' ' '" ' . ., ".,... :?~.'~'~ - ' L. "". ,I . , · ' ..'.':-'~::..~. 8.6 8.6.1 8.6.2 8.6.3 8.6.4 8.6.6 · 8.6.6 KPB-GC ' S Maof*t,i 1Olm~ b C~ontralct' Amount $100,000 - $249,999 $250,000 - $499,999 $600,000 - $1,999,999 S2,000,000 - S4,999,g99 $6,000,000 & up TIFtE ~farranty Petted Amount App11ed On Excess of Pr.!or erack..e.t $2,600 S2,600 plus 1~ $6,000 plus 0.76~ $16,260 plus 0.61~ $31,260 plus 0.26~ The ttme permitted for constructtofl of the work wtll run from Issuance of the Nottce to Proceed through the dates for Substantial Completion as specified tn Agreement between O~ner and Contractor, unless a spectftc completion date ts specified. The term "day(s)" as used tn this Agreement shall mean "calendar day(s)" unless specifically stated otherwise. All warranty pertods and obligations accrutng to the Contractor through completion of the work shall be considered to begtn on tke date of Substantial Completion (or the O~ner's beneficial occupancy of the work, whichever date ts later). The Contractor shall begtn the work as soon as posstble after Issuance of the Nottce to Proceed and shall prosecute the work expeditiously and wtth adequate labor and materials. However, the work must begtn wtthtn thtrty (30) days after Kottce to Proceed, unless the O~ner dectdes to extend thts ttme, at the O~ner's discretion. Ttme requirements stated tn thts Agreement are of the essence to thts contract. The parties, recognizing ~he difficulty of quantifying the damages and Inconvenience suffered by the publlc when a publlc froJect has not been completed wtthtn the ttme allotted, agree that tqutdated damages shall be uttllzed to measure any loss suffered by the O~nor by reason of the contractor*s unexcused delay. The amount of liquidated damages shall be set forth tn the Supplementary Conditions. The parttes explicitly agree that the amount of liquidated damages bears a reasonable relationship to the requirements of thts contract and to the potential Inconvenience suffered by the Kenat Peninsula 6orough. Clatms for extension Of ttme wtll only be considered tf they affect "critical path" 1tams, specifically Identified tn the schedule net- work requtred In Paragraph 4.2.1 and tn the Supplementary Conditions. Any clatm for extension of the contract ttme shall be made tn wrtttna to the O~,er not more than t~enty (20) days after the comencement the reason for the requested extension. Otherwise any clatm for extension of ttme or extra costs shall be watved. b L C r- VEDERAL PUBLICATIONS mC CLAIMS&THE Course Ma ual Tile AUTHORS This prosram was prepared by the two ~bers o£ tho Course Faculty - whose quali£icacion9 are set forth below. ,It represent9 countlesfl hours of intensive research, snalyBis and orsant~atton. R~oy. S. Mitchell Senior partner in tho ~ashinston D,~. law firm of Lewis, Mitchell & Hoers, Author of a selection 5~'"'mohoB~p~ and papers on construction law problems, Lecturer £or Geor.~e Washington University, tho ....... Universities of San Francisco ~ndDqsver, Poppordino University,.the American Bar Aseociat~o_n and similar institutions si learnin~. ~ormor Chairman of the American Bar As9n.'s Section o~ F. ub~$c.~_qn~rac~.~w. Member of the American Arbitration Asso.'s National Panel of Arbitrators. l~.van8 ~!, Barbs ~L _~ President of Tho Arkhon Corporation (Cherry Hill, N.J.) - a contract man- asement consultin$ firm, Speci~li8~' in the avoid~nce,analyois, p~oparatton and resolution of construction claims, Rosiotorod Pro~essional Snstneer and Re$isterod Profesoionel Planner. Has lectured extensively ~hrou~hout. the United States and Canada for universities and professional eOCt-~tiOs on construction claims issues. Member of the American Arbitration A96n.*s Nationol Panel of Arbitrators, and numerous professional associstions, 314 __ [[11 .... NOTIB. I I I I I I [- plete the contract, may tere~Lnate the contract .end. then obt&4n completion by others at the contractor's expense. ~nder a Terminat4on for Conven4ence clause the owner may ter~4nate the contract0 u4thout comm4tt4ng an act4onable breach, whenever the o~ner*s best interest to do ac. Th48 4o a part4- cularly 4mportan~ clause to have ~n a contract from an o~ner*8 point'of v4ew because of the 4t allwa. (S) Payment A prov4o4on 4n every contract of obvlou0 sLgn4£4cenon 4a the payment clause wh4ch usually calls for payment based on a percentage of contract complet4on, v~h ~he o~er re~aining a se~ percentage, such aa ~0~, ~o inane the~ the con- ~rae~or fully per~o~8 h~s vor~. (See Paragraph 3.2.1 of ~e AXA Fo~ A201, AppendAx A). Clauses in ~e con~rac~ which allo~ ~he o~er ~o change ~e contract or to suspend the work are not neceooerSZy covered by th~o eZause ~d are usually considered separately for pa~ent pu~onem. b. RISK MINIMZZIN~ C~USE8 Zn an'effort to 4naulate 4toel~ from 14ab~14ty wh4ch may be imposed by other contract i clauses or impl4edly in lay, an owner may include : ...... l exculpatory clauses relat4ng to (1) Coord4nat4on I I Requ4remento, (2) Ho Damages for Delay, (3) S4te I Znveet4gatLon, (4) Subsurface Data end (5) 84te I I AvaLlob41Lty. Such clauses ere legally val4d but I I maY be read str4ctly by courto interpreting them° . I depend4ng upon the facts of the case end the ~ur4e I ............ ~ ...... : (') I on a large oonotruct4on project where / . several contractors are vorkmg o4de by a~do, or in / h~l part of ~e ~ork ~hen tho ~mo arrxvea, o~ner I .,. l v~se a eontraator who Lo delayed sLgnL~Lcantly ~ / ' '. ''.' .' some early aspect of perfomnce vLll ~pao~ e~- / nanunn~ aontractor'e pregreoo and the ovner may f~nd / · ~e-&~ ~le as a resu~C. Many contracts contaAn / ..' . ela~eo vhLah a~temp~ to ~e~e ~at one seA,raster / '~" - /vLll not adversely affect another's progress by re- / '~ ..... quLring the~ tho several ~ontraa~ore coord~a~e ~o I I I . . . -oc~.--ng ~em"lve'* Zf th'con~r'o'd°e'n°' / . ~' ..._~... ~: . . .'~. ~ i~ SUi~PL~IF~TAI~Y CO~iDITIO~S OF' ~ CO~ ~ ~ , llo~in 8upplo~nt, ~dify, eh~Ge, daleto from or add to the ~ral Conditions ~ ; ~' '~" General CondLczons z8 UOd~lXe~ Or ~y paraG[apno o~-r~- ~ 'mdtfied or defaced bY Ch~o supplest, tho unaZco~d provLo~ono of ChoC par~roph, subparagraph or ~lause ohXX r~ h ARTZCLE 1: &. 1.1.5 X.X.G b. 1.3 1,3.1 1.3.2 ARTXCLI~ 2s n, 2.2.2 L. b. 'i · I' ,, :) ~, ',~. ~ .~. 'ii' '.-~ .~,,~.. -. · : .. .~,-' ;~,*~t~, :., '"~ - i :" ;'~ ~ ./ '~, l'. .. ~ CO,%'TI~CT Dec.lENTS Definitions: Add the £ollowing paragrapher Index ~he Index hereof end tho captions of the Articles and Perssrapho horeo£ are for convenience only and shell not bo considered in reoolvins quest/ann of ~nterpreee~lon or consrrue~lon. Nec~ee of Torminetton ~ho term'Notice o£Terninatinn' as used in the Contract Documents vrXtcon cercXtication oiled by the ~mor or his representative nnd coroX- fins that cbs l~ork has been oubotant/slly completed or thac the gorkhao boon abandoned by the Owner or that tho ContreoCor ts Ln de£nult under the ~he ~otiee of TerutneCLon may be filed rich the terms of the Contract. Clerk of Court £or the Parish in v hiGh the ~roJect Lo loeeted'.oo prov/dod h Louisiana R, S. 9:4822 ns amended b AeC 724 of 198x. Ownership and Uso o£ Documents: Add the folxowin~t Revise tho first ensconce Co reed as £ollo-nt 1.3.1 - All Drm~inso, Speciflca~i0no end copies thereof £urninhod by the ArchLtoct are and shall remain hie property, except no may bo otherwise provided in tho A§rsemont between the Architect nnd the Owner, For thio partLnular project the ma~mum number of dzevin8o nnd epocifica- items £umiohed. to the Contractor £ree of.chsr8o to ton (lO), Additional copies ~htch the.Contractor maY request ~tll be fu~niohod at reproduction COSt. ARCHITECT Add the fellahin8 to tho pare8rapht Because tho Owner hoe contracts rich both tho Architect and tho Contractor, tho Owner may connunicete ns it doe~ nocofloory, A copy or ali ~rttten eo~untcnCton8 from tho Contractor to tho Acchtcoct or from tho Architect to tho Contractor ohnXX bo sent concu~rentX~ to tho O~ner, Add the relieving to the pflraflroPhS ~e ~or shall por~o~ oil revte~.~ end occount~n~ o~ flit coats ~et forth .. tn any ControctorOo Appltcntinn for r~ym~nt end determinations vichin icc sole diocroC/on, Such dot~rntnocJonu ore not flub- *~ ~'p PAX~EtqTS AND C0t~LETXOH ~ md oub- ~ #.~ Applications for Poymentl Delete po~Sr~pb 9.3.1 In tie enttr y . .X - A~ least ton days before tho date for o~=h pro8~ooo perone ee- O 3 the Contractor ohaXX tabXtohed In tho ~me~ntroctor ~cced In five copies. ~e Appl~nt~fln vtXX be for flu ~ounc ContTactor*e flsht to payment as the ~eF or tho Architect may require. ~ ~_ curt 9,3.~ - Each Applicat~on mQda b~ tho Contractor shall cono~tuta a var- r~t to tha ~mer that tho ;ork has profit=sold to tho point .~_.Y...~ k~ a~ ~ho ~ntra~tor'o knot;l~dg~in~o~ation ?d boX~ef, --- ~ q Y .......... .--,- · .... n~o~nce with the Contrncc '~ subject to an avazuat?~ oz cnu ~-~-,--,~ fh~ results o~. any oub- ~ ....... .Dec--nfo as eec forc~ xn. par~arnpn ,~o.L, ....... oqqu~nC Zests required by or perfo~ed under tho Contract . to minor deviations from the Contract Uocumneo eorrocttbXe prior co · conploctont and that the C6ntracCor to onttc~ed to payment tn the amount requested. However, by ~kXn8 payments upon any application for payment received by the ~er, the ~er ~haXl not thereby be deemed to repre- sent that he baa ~de ~Y on-6tte inspection to check tho qualf, ty quonttty of tho ~ork, or that ho hem reviewed the construction methods, techniques, 6equenco9, et procedure9 o~ that he has mede any axe.nation to mote;Cain hot;, or ;or ~het pu~poue, the Contractor u~od the coneys previously p;td on ~ccount si the Coot of the t,1ork et the ContrecCor'a Foe. e, 9.~ Certificates for Pa~enC; Md tho ;ollo~tn8 to paraSr;ph ~o issuance of n ~;Ciflcace ;or P~ymenC by the Architect to the ~ner, does not include ~y cost accounCtn8 tevte~ o; the Contractor*o Appl'~ca- tton, d. 9.5 Progress Pflymenco~ Palate parflsrflph 9.5.1 in it. entirety and suborn, cute tho foXXo~tnSt 9,5.1 - After the Architect hflo issued ~ Certificate for P~yt,mnto the ~er shall rovte~ the Application for Pediment, the ~u~port~n8 docue.cntn-' t/on and tho Certificate for Payment ~nd perfo~ ~n coots aXlo~d in the ~or - Contractor ASroe~ont ..... mhall make payment in the manner and vl~hin the tit~ provtdt, d -7- #tllAan J. Brtahtono Fiuauoe Director Charlea A. Brouu, Ftnauoe Director ¢ ~ 86-87 hunrunoe June 30, 1986 Per coday*o conversation with Kurt ninon, the nests of all the Ctcyoe insurance for FY 86-87, with the exeepCton of the Airport Liability, appear co be comb8 tn ~Chtn our budget. ~C may ~ neeeooary co make sine minor adjustments to eoveraaeo (t.e., our Umbrella thais), but rtaht nov tt tooko pretty 8sod. ~8ardtn8 the Atrport, however, conotder cht8 an update Co my 6-2~-86 memo co you reaardtn8 than subject. In the fourth paraaraph of that ~, X asked Kurc co tnvesCtaace cvs epitome. ~A has destined co ~rtce more than the ~1,000,000 of coveraae. Ltoydo watt ~harse Ot2,SO0 ~r maltine for the first ~,000,000 of exeeoo. ~ereforet our esot for ~.~fOOO. tO00 of covora6e Aa 957,37~. ~to ts v~at has, been q~dered. O~touoly, than to far tee0 coveraae than the ~25 ,000 0000 we had last year. I thank tt'8 enoush, buC the final decrease ton't mane. ~e eau dtotrtbute these me~8 co ~unctt ~edneoday night tf you wish. L. .I ~L1%AaB J. BrLghtou, Ctty Hanaser CharLes A. Brown, Ftuauee Dtreetor~o~/~ Atrporc Zusuranee June 24, 1986 h FY 85-86, the City had $25,000,000 tn Airport tn,ur*ncc, as feLl,wet XHA, prAmary of 01,000,000 $ 5,674 Lloyd,, excess st 024,000,000 25,000 Ltoyds, hA~ackAn8 (wArbLe $24,000,000) Tot·l, FY85-86 ~ Tod·y, Xnrt 0Leon save Be tho followLn8 quotes for FY 86-87: Z~A, prLmary of $L,000,000 $ 7,376 LLoyd,, ex,eeo of $9,000,000 75,000 LLoydo, excess of $~5,000,000 30,000 Ltoyds, hLJa~kAu8 (~Lch~n 09,000,000) LLoyde, h~Jaak~n8 (v~thLu $15,000,000) 6,000 ~ota~, FY 86-87 To 8et the same coverase a0 Last year would esot $133,376, or $L010452 more8 · ! told Kurt Chat X'B not w£LtAn8' Co re~ouuend to CouncAL Co pay thAs mu~h. ~e have 065,000 Ln the budaeC. Z to~d ham ~o e~rLke ~he hAJaQkAu8 Q~era8e. Z eked ham co SeC ~oece ~: l) 2) ~0uZd GousLder the ZLke~Lhood o~ · ~LiLm ~r ~lLmo ih,ye 0S,000,000, nd ~h chaC asaAnoC ~heee asses. ZC Le true chat ChLe Lo ALrpor~ BOny (USe eU macy). ~e deaLolon o~ ~ac co cake co CoufleLL Lo yours. XHA ¢overase for $6,000,000. Z£ at the above rate, that wou~d coat 059,008. ge would purchase no excess coverese. Lloyde excess coverase of 06,000,000. Zf at the ·hove race, thaC would eeoc 050,000. Add 0iar000*000 ZHA prLBary and. weed have $7,000,000 of coverese for 057,376. Kurt should have the soots of the ah,ye ,pet,ne by thio Thursday. HopefuLLy, one of these vttt be svaLtabte. If os, we sachet need to inform ConneCt of the reduced coverase, or chat we need Bore money, up to 068,376, L_ L_ dune 30, 1986 KENA! AZRPORT FREZGHT FACZLITY Btll Brtghton Ctty Hanager Ctty of Kenat 'RE: Change of pollcy Dear Bt11: ! am wrtttn9 thts letter to questton the Atrport Managers apparent change of pollcy at the Atrport Tewntnal. He has told me that he ts gotng to lease space tn the termtnal to Federal Express, an att fretght company, it was my understandtn9 and reason for butldtn9 the Att Fretght Terminal, that all att fretght was to be handled outstde the passenger terminal. Hts change of pollcy wtll put the passenger termtnal tn dtrect competition wtth my butldtng whtch st111 has space available after three years of operation. Please tnform the Ctty Counct1 of my opposition to thts plan. Dan Pttts DP/m1 L_ F' L. L_ ~"-"' ........................................... I1~ ~ ........ I.~ I1! ..... IIII __] ......... II .......... ~1 ..... I .......... ~ ~]Jll[ .I .i ..... I KENA! PENINSULA BOROUGI! ~}?'"'~_ . RESOLUTION 86-78 PROVIDING FOR AN EIGHTEEN MONTH EXTENSION TO THE' KENA1/SOLDOTNA SOLID I~ASTE ~AINTENANCE AGRE~ENT HELD BY I~IEREAS, the Kenai Peninsula Borou§h Assembly has awarded a five year contract to Robinson Construction for the maintenance o£ the Kenai/Soldotna land£ills~ and ~IEREAS, that £ive year contract is due to expire as of ~--' '~'~?'-. June 30, 1986 ~ and ~,. ..... t~IEI~AS, the t~aste D~sposa~ Co~se~on eC the d~zect~on o~ ~~/.. the administration and the Ifena~ Peninsula Borough Assembly ~s ~n =he proces~ of find~n~ a new landfill to replace both the Kenai and Soldocna landf~ls~ L ~HEREAS, the time ~rame involved between developin~ a new land£ill and maintain~n~ the current Kenai and Soldocna land£ills is too short to let to bid £or a maintenance contract~ and I~E~EAS, ~ob~neon ConsC~c~on has o~ered ~o ex~end present con~rac~' ~or the maintenance o~ ~he Kenai and Soldo~na land~l~s ~th m~nor chan6es ~o ~he concract~ and I~EREAS, tHE Depar~men~ si Public ~orks has reco~ended ex- tendons the con~rac~ ~or the e~6h~een month per~od. ~O~ ~EREFO~2, BE IT RESOLVED BY TIlE ASSEMBLY OF THE .~ Section 1. Thac the administration ~s authorized to i~sue a - -~.~.~?j..[.~ chan~e" o~Ber c~ ~he con~ract ~o ex~and its ~me ~rame an add~- · . ~ .... '.~.:~ ~ona~ ~Zshceen months, thac ~he cost o~ excavation ~hal~ be ~n- held against the ex~et~ng contract shall be returned ~o Rob~ttson '~?'-~=~= Construction and lastly ~hat al~ o~her contract b~d items would ~/~.'~':~ remain as bid ~n accordance ~Ch the ~e~ O~ the con~act. ~--=-~-[~/.'.' '~ Sect,on 2, Thac the Mayor La authorized to ~:. te~e o~ Chis ~eeolut~on ~ediacely upon its adopt2on. #AB'I'B L)IfJI'OB&I, COHMIf38IOH HBl~TtflO JUtV ~t, Ig#6 7~3U ~:OOt~l~lt ld~qJ)IHG COMHUHIT¥ IIAM, I. Convene/Roll Call 2. Ac;optsitoo O~ HLnu~oG &. Heatlog o£ I~ty 21,1986 U, Heatlog o£ Guns 4, 1986 3, Agend6 - Gppcov~l =nd/st ehsngen 4. PublLa Commont~ (30 minuto~ maximum)- anyone wishing to publicly on WaSte disposal ooneorno and issues. $. PubXXe Hearing Item(o) - Cooper Landing Habile ?rano£er Problems. B, PubLto Comments I. Sign up shoot for speakers tn roar of hall, Speakers will bo sailed tn the order they eisa up, 2. PubXtu oomm~nts limited to two m~nuteo per speaker, 5. Old nustneoe (Publio Comments 2 minutes per person eaeh item) A, Prosroo8 noport on R&M gvaluatton o£ Proposed now B Diamond Alaska Bolusa Coalfield Conotruotion Debris Oispo0al Permit AppLtoation, ($/21 mastiffS) C, Dtoau0oton on Workshop on joint opeataL waste ovorsito orsanirotion (KPOA RE9, 86-66) - status report, (5/al meottn9 and ~/12 work 8oooton) 7, Hew Ouotneoo (Publi~ Comments ars limited to 2 minutes) (those are not publto hearts9 items) A, lntrodu~tion of Xram(o) ~y Commission 1. Par Horth Oil & Oas DrilLing Oporfltton at Caflnory Loo~ (Lnndua) - question of po~nit spptt~ttan & ~OVLO~* C. Tn~roduetton of items too Late ~or paokot 9. tO, ConuntgP ton oommont8 ti. Adjourn Corroopo,doaoe - approval attd revoLpt LL- L. C~.t:y o£ ICena~. 2].0 F~.da].§o Kena~., A].aeka OceanTech AcCn ~ Ju~e 17, 1986 Invo~.ce f;].~.90 7 Jack LaShoC Robe.n0 Kena~.tze, Ea§].e Rock, Sanclp~.per0 Tern, S. Sl:rawberry Road Des~.~n Ocean Tech Job To ~nvo~ce you £or recaina§e w~thheld on the above re£erenced project which ~s now complece~ Contract Amount 13,500.00 ~'/ ~o~c Pa~d (~I!~S~. 00.)~ TOTAl, THIS INVOICE ~2~01~._00~ 6333 Felrbenke Street, SuiM 11 /Anehorage, Aleske 99618 / Telephone L,. ., L_ [_ OceanTech City o£ Kenai 210 Fldal§o Street ICenai, AK 99611 Attn: Jack LaShoc Cook Inlet Vew Drive and Lilac Streets Deei§n Ocean Tech Job June 17, Invoice To invoice you for retainage withheld on the above re£erenced project which is now completes Contract Amoun~ 11,500. O0 / Amount Pa~d (10t498.50) / THIS INVOICE ~ 0~,~_~01.50~ ~ TOTAL (~)33 Falrbanka Street, Suite 11 ! Anohorage, Alaaka 99~18 / Telephone (90?) 668.2060 L. ',,7"' .. '.' OceanTech ' -. CtCy of Kena~ 210 Ftdal~o Kenai, AK 99661 ACcn~ ~ack LaShot South Spruce Street Dest~ Ocean Tech Job To ~nvotce you ~o~ roca~nage w~Chheld on the project which is now complete, TOTAL THIS XNVOX 6333 Folrbonke StreeL Suite 11 / Anohoroge, Aleeke 99618 / Telephone (907) 683.2060 r- Ocea e ~V~-.?.. ~ c., o, ~.. 210 ~tdalgo '~"" ..... ~! Konat, Alaaka 99661  ~F~ Nara~hon Raod Relocation Design Oco~n loch Job #6~[0 ~' ;~':'? To invoice you ~or retainage w~Chheld on the above re~erenced '*~"':' :~' proJec~ which is now complete~ :; ..... ~ Contract Amour 2,500.00 ~ ~o~ ~.~ ,~.o. oo..oo~ .. ....... ~L.J ""1 "~" ' tJ ..... '" ~ b.'~'li* ,.; ;o.l.---- ;,{',;,,, .., , :-,-~.~" .~ .~ ~l '~[~J'['; ~ Fa#banks 8t~e$ Suite 11 / Anohorege, Alaska 096181 Telephone (~Y) ~.~ ~.1~?~ - ~-'-'" '~ ~=' ' ............ ., [~:c_..:': /.{ ~.. ·. . .~ ~ r- liT. OF Cf.'IIMUNITV ds REGIONAL AFFAIRS OFFli~E OF THE COMMISSIONER June 2, 1986 CERTXFXED/RETURH RECEXFT REQUESTED ~he Honorable Tom Wagoner Hayer o£ Kenai Il0 Fidalgo Kenai, AK g9611 Dear Hayer Wagoner~ RBz FY 86 HUNIClFAL ASSISTANCE PROGRAN - FINAL Enclosed pleaoe £ind your municipality'8 .FY 86 municipal aeoie~anoe final payment in the amount of $978;046, If you have any queetiono, pleaoe call Bill Rolfzen at 465-4733, /]j~nll Not~t VCommiesioner Enelooure gel Jim Banders; MRAD, Anchorage ol-PILH ._ _II[IT '?' ' .... L_ L_ L_  ~, ,~ BACKGROUND AND PERSONAL DATA - CANDZDATES FOR APPOZNTHENT TO'~' COHHZTTEES AND COHHZSS]ONS jJ~~,~_~ Cu~eflt membo~ehlp ~n o~gantzatton8~ ~ .....' > ' Paot,orgentzatton81 memborohlp: ........ : r- City o£ lionai 210 Fidal§o Konai, All 99661 Attn: Jack LaShot REF: Juluiesen,Basin View° Ocean Tech Job 06510 Ames, Barbara Design OceanTech June 17, 1986 Invoice ()1&903 To invoice you £or retaina§e withheld on the above re£erenced project which is now comple~e~ 2 ~ ;IJ'd,~ Contrac~ Amour (~i~h Amen~ent) Amo~C Paid (381198.50 TOTAL THIS INVOIC~ ~- ~ Falrbanlto Street, Suite 11 /Anohorage, Alaeka 99818 1 Telephone (907) L. -1 Ident Fred Braun Fret Braun 8pert 6hop Id~0y Halorleh Union Chemteal Penny Dyer Penny's Travel Demis Swarner Hans! Vision Center Hen Gilm.n Food Town Liquor Bm BtIlhten City d Kenat Glen Jackson Retired Tmoro Aluk8 Harold Dale Retir~i Leo Obem Itu. Walter CrayeroR Crayeroft Chri~ler hyco Roberts Aretlo Pipe Inspeotlem Lfmter VielT& Keunl Peninsulm Community BoSun Moraan Hatlo~ml Hank of Almdm ~eeutlvo Drlm~or/Manaller Sue Carter Keun! Chamber AdmlnlMr&Uvo Anittmnt Cerollnn Willis Keunl Chamber Kenml, Ahdm 0MIt U,8, POBI'AOl PAID CiTY OF 2~0 PLd~l~o $cr~ee · ~(on~L, L_ i.auq L_ 11:00 a.m. American Lesion Poet No. 20 PARADE (Reception at the Lesion Hall on Cook St. Immediately followin8 the Parado) KCSY/BUYERS GUIDE CO~4UHITY PICNIC Hot doss, beverasee, children*s samos, eec. ($2/person - proceeds dodicated to tho Salvation Army). 12:00 - 4;00 p.m. 12:00 - 6:00 p.m. COHB JOIN ~ITH US IN THIS VERY SPECIAL AIl located at the softball fields at the south end of the Municipal Airport runeay KENAI CHAMBER OF CO~4ERCE/CIVIL AIR PATROL AIR STATIC DISPLAY - KENAI MUNICIPAL AIRPORT Civilian, Military and Antique aircraft displays KENAI FIRE FIGHTER ASSOCXATION*S PXRSTAHNUAL RC HOT ~IIEELER GRAND PRIX CAR RACE KCRS Perkins Lot - Entry £ee - $15 All asea. all 8k111 levels. Trophies to be awarded at end of daye8 races. Resietration forms available at the Kenai Fire Department - #tllow Street 4TH OF JULY CELEBRATION ZN HONOR O POUR PRBBDOH Schedule for July #edneodeynoon luncheons sC the Kaset H eriC Inn is as reliever July 2nd - CityMaouSar Rich Underkofler, City of 8oldotna July 9th - Lt. Governor candidate, Senator Edna DeVrteo July XGch - LC, Governor candidate, Jane Ansvik July 23rd - Candidates for House Seat 'B" July 30th - Candtdatee for House Seat "A" BBB YOUTHS 4TH OF JULYIIIIIItt L_ L_ Dear ~eZlov &laekan, I wanted to let you know that my Kobile Office will be visiting your area in the near future. Aa you nay know, the HobiZo Off*ce to an official Congres- sional Office cnw heels which the delegation regularly uses to v,sit communities throughout the orate, to help us keep in touch with Alaskans. The Hobile O£ftce, e converted passenger is marked with signs and will be parked near the poet van~ office, Or some other central location. The Hobile Office schedule for your area tot 7 S Sterling Poet Office llam-2pm 7 7 8oldotna Post Office llam-2pm 7 ~7 Htntlchtk Post Office 4pm-Gpm C) 7 ~8 Homer Post Office llae-lpu - '- "-met Poet Off toe 4pn-?pm ~ ~chor Potn~ Poe~ Office llam-zp- A member o~my Washington office and viii be happy ~o discuss any problems or con~erno ou m~ ht have which involve Congress or tho ~edoral govern- ~--~ g~---~--mon~o for personal vteteo need no~ a~vano~T'-~T~-"~S4~ ~ff are avatlable to 'meet tar?rEally elolt, Xf vou*d ~tke to make more formal arrangements to Office, 70z c U~ee~ ..... _ .... P 271-5915, ~ LOOk forward to seeing you thio sunnet. With beat wishes, L 463~ OId ,~ward Hwy. AnohoraOe, AMeko J~ue IO, 1986 Hr. Vtlliee J. Briahton 110 FtdaZ8o Ret Gable DeBase Claims Dear Hr. BrL8htout Sonic Gable Televiolou of Alaoka would like to ohirify our cable deueae alarm policy frae other uti~lciea. 8oulo bee two 8Gala, (l) Co expedite peyueut of daue8ea GauGed by our ooepeuy, and (2) insure aisles easiest u, are Lo £aot, the reou~C of 8Ohio 8auto v~ll notify you tn all asea, when we GauGe danube thaC va are aware of, end naturally, vii1 settle La au expeditious lieder, Zu the event you discover damaae to Four oabXe Chac you believe vie oauled by 8ouic, taX1 Dave 9niGh, 9iCe Hanaaer aC 262-3266 or 262-3267 duties vorkin8 houra. 8onto viii be81o an teeedl&te luvoaclaattou of Che deue8e. Any infatuation that you provide cbaC tudicaceo Santo ao the aauee, vi11 be helpful tn the qutek reeoZutiou of the We look forward to a lan8 and aulable relatiouahtp with che Glty of KanaL, iud if any probXeee develop, pZeaoe feel free eoutaet Ltnvood Stove, Piano Hauaser or Gary Hayueo, Buaineertn8 Hana8er. 8tnaere~ JLK/LGa/or L L ~_ ...... ~ ,_..~,., '-:-- t.'f:::- 0 L /II ~ June 12, 1986 Alaskan FioOIon Ur. Randy Ernst Airport ~4ane;er C~Cy o£ Kena~ 210 F~del~o Kena~, A13si:a 99611 I;enai 14unieipal Airport Seaplane Fse~l~ty, F~ndins of t~o S~Gn~£ioan~ Zmpaet Enelo~ed is aoopy o~ the eofnploted Find~n~ for ~1o S~gn~eant Zmpaoc (POtl~Z) ~or ~he proposed ne~ repZaoemen~ seaplane ~ao*.Li~y ~o 9erve Keno1. Comple~ton o~ ~hio dooumen~ oon~i~u~o~ ~ul~llling ~o ~nviron~en~al requiromen~a ~hi~h t,;a~ a oondt~ton o~ ~he Airpor~ Layou~ Plan (ALP) approval February lq, 1979. The ALP t.;~ll be oonalderod unoondi~tonally approved a~ ~hi~ tlmo, provtdod ~l~a~ ~he proJeo~ t~ oarriod ou~ ~t~hln ~he nex~ three Co tlvo yoar~ ~t~h no ~ub~Contial S1noerely, Floyd H. Partisan ;4ana~er, Plsnnln; and Progremtng Dranoh A~rpor:s Olv~aton ~nalosure g [-- DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATIO~ Alaskan Region FINDING OF NO SZGNIFICANT IMPACT Kenai Municipal Airport Seaplane Facility Kenat, Alaska After careful end thorough oonsideration of the feets eontained herein, the undersigned.finds that the proposed Federal aotion is consistent with existing national environmental policies and obJeottves as set forth in Section 101 (a) of the National Environmental Policy A=t of 1969 (~EPA) and that it will not significantly affeet the quality of the human environment or otherwise ln, lude any'condition requiring consultation pursuant to Section 102 (2)(C) of N£PA. The environmental assessment eontalned herein examines eaah of the potential lmpaot areas and supports the oonolualon that no impact exoeeda a threshold of signifioanee. Date Disapproved t.. L. C I© ENVXRONMK~TAL ASSESSMENT KENAX NUN~CXPAL AXRPQRT SEAPLANE FACILITY KENAI~ ALASKA Tht8 envtronmentaX aRaeaRment Was *prepared by the AXaRka Reaearoh Aaaootate9 for the Ctty or Kenat, A/aska, purauent to Federa! Avtatton Admtntatretton (FAA) Order 5050.~A. Thta envtronmentaX aaaeaament become9 a FederaX dooument when evaXuated and signed by the reaponatbXe FAA offtotaX. Re~pon tbX~'t~A'A Offtaer' DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AZaakan Reglon L_ [- Mr. Keith Ko=nolle Department o£ Public Works City of Kenai 210 Fldalqo Konai, Alaoka 99611 Referencet City of Kenai Kenai Air~,ort Improvements Our Invoice Numbert Our Job Numbert Charges Through~ 4432 86-4022 6/21/e6 Summary of time is attached Total Contract~ount Billed to Date (Above) Balance remaining on Contract $ 37,700.00 / ~ount due this invoice ~une 24, ~986 Hr. Kelth KorneXt9 Department o£ Publta WorkB City o~ KenaL 210 F/da19o ~enaL, &laBka 99611 ReVerencer CLt¥ o£ KenaL, M.A.P. Pro,eot Conp~r~ct~on. InB~ectton Our Znvo~oc Numbert Our Job Numbort Chargee Throughs 4433 85-4022 6/2~/86 8umuar¥ o~ tLme ~ attached Total Cont~aot Amoun~ ([~) B/lle~ tO D~te (lncludtnq Above) Balanoo ~emaLn~nq on contract .~_?.O_u..nt dup th~.o .Lnvo~ce $ 183,350.00 / ~ ~/,~, ~¥~,/~' $ 66,'701.90 ~- ~95.50 ~~ FI, O, IgOX gI~IEJ EIOLOOTNA0 AK b 0 0 0 carmen vincent gintoll, architect (e 30 .tra. di.ng bay road, suite 330 nat, alaSKa 99611 907 283.7732 June 24, ,1986 Cl~yo£ Kensi 210 FMeXgo Renat~ AE9961! Attenttont Eetth Komelio, Dtreotor PubXto Works Department Ret Senat Library Addttton znvoioe ~or AdditionaX Services Due to Contractor DeLay / $ 770,00 AIqOUNT BXLLABLBt ~0TAL BAIWEDt I~U~XOUB ;AXDt BOB THXB XWOXCBt C, V, Otnt:ol:L X4.0 hrs. @ $95,00/hr, [. ·, .~.-,.~,'~ r", 'i ~ ' '" ':~ .' ,~.:.~ .... - . ... ~,,, . '..' ,. :'_~?.~ ..,..... ,-~' "~ .... ?%-.. I Ill ~ III .............. I~ II- __. ' ..... _ II II I __ _111 __ii].7 IIILiEiLI . _111 F WINCE · CORTHELL · BRYSON CONSULTING ENGINEERS ~//C ~ O.~?, ~oL''G/O' ~'O ~9 7 PO bm ~'8t4 t0~.049.604~ ANCNORAGI . /.~/ dUNlg88 '," I ~"; ~vcu " ~ 10 F i~a ~o ~ ' ~ ~ ~ ~m~, :.," Engin~e~ III By. Inepe~to~ tho ~ubjo~t p~oj~c~. 117.0 h~ · ~58.00/ 1~7,5 h~ · ~49.50 / 1359.5 h~ · ~40.50/ 4.5 h-m 8 830.00/ lnvotc'~ ~ll~ 30S + lO~ Zflvo~c~ OXS~379. EO + lO~ Invoice I~50.00 + 10~ Invoice t~3.00 + 10~ Invoice I~50. 00/+ ~0~ lflvoi~e t~lG.~5 + ppoviOed fo~ 55, 059. 75 6017.50"' 135. O0/ 1~., ~35. 50 IG~ 977. 16~ 917.45 E~ ~7~. O0 495. O0 ~lmoufl~ chad'§ed to p~oje~t : 166,869. aG .~ 94~. 78 WZNCE-COflTHELL-BRYflON Philip W J~ylUr. ~ l Ate# N Colt#oJl Pi P,e#k W WI#lo P I L m .... I, ........... III - Fill . PAY ESTIMATE Project ll.~..P. , Contractor Zubeek, Inc. Address 7963 Kenei Spur ltighwa.Y Konai, Alaeka 99611 Phone (90,7) 283-,3991 Project No. Period From 5-26-86_ to 6-21-86.,. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount 1,665,095.00 / Net change by change orders .... (57,0..8.2.10)/ .... Adjusted contract ,amount to date ,,!,,608,012'90 / , , D Cc: ANALYSIS OV WORK COMPLETED Original contract work completed Additions £rom change orders completed _ Materials stored at close of period Total oarnedQ+O+~)~ Less retainago of _ /~ _ percent ,Total earned loss retaina~oQ'~)° Loss amount of proviou~ payme.ts Balance due this payment Contractor ....... _ .... Engineer ,, _ '.L_ I,_ g I 210 Fldal§o Kenai, Alaska 99661 REF~ Job #6510 Spruce Alternative Additive #2 OceanTech February 12. 1986 INVOICE #1&804 To invoice you £or additional services relating co our Job #6510t HOURS _RAT~ TOTAL Engineer T 19 Dra£Csman 137 12.5 65.00~ 1,235.00u/~ 34.00 .~25,.00~' TOTAL THIS ZNVOIC~ ~33 Felrbenke Street, Suite 11 1 Anchorage, Alaska 99618 1 Telel~t~one L "0 j .....: ~:....~ · v~ .,'3' '"L': :. . PAY F' () ESTIMATE Project ~AsT ALrtTI~.~T'. ,~O~H ilI~ImpSH,LANE,, s.za~s DRIVE SO~TR ~I~BUSH L~E, ~D BUHBLEBEE STREET Cent Address 8821 Emerald Drive Anchors§o, Alaska 99502 Project No. Phone _~8-_~690 Period Pro;n ANALYSIS OP ADJUSTED CONTRACT A~iOUNT TO DATE Original contract amount $768,605.80 Not change by change orders Adjusted contract amount to date . ® @ ANALYSIS OF WORK COHPLETED Original contract work completed T&~--./ ~)~ * %0 // Additions from change orders completed ~Z/ ~O~ .~ / Materials stored at close of~riod _ ., . .'. === L~SS rotainago of _~ ~.~ percent Total earned less r~tainago~-~= Less amount of previous payments Balance due this payment CC: Contractor Engineer Construction Unlimited., Inc, t4m. J. Nelson & Associates L L P~H;e 2 o f 15 PAY ESTIMATE NO, EAST ALXAK STREET, FIORTH IllOIlBUSil LANE, SWlRES DRIVE, SOUTH HXGHBUSH LANE, AND BUHBLEBEE STREET Ci~RTIPICATION OF CONTRACTOR Accordlnla to tho beet of my knowledfn and belief, I certify that ail Items and nmsunt/l shown on the face of this PeflodJc Eetimte ;of Partial Payment are c~recti that All work has been performed and/or material aupplied iff full accordance with the requirements a. ~ Complied with nil the labor pfovloion8 of enid contract. ' Const:t'u¢c:l. on Un&%~q~b°d), Znc, CERTiFICATIOH OF ARCHITECT OR eNGINEER I Cattily that I have chocked and verified the above nad foreltoifl~l Periodic IZatimate lot Patti/fl Paymefltt that to the beet of my knowledlle/i/id belief it lo n true and co.oct statement of w~k ~dofmed end/of material oupplied by tho contractor that nil ' annielaflto and that it hen beenpedofmed n~/or 8upplied in full accofdancv with f(,quigemeflln of the reference cofllfactt and that pAflidl p~ymefll claimed And f~queoted by the contractor ioco. ect ly computed on tho basle o( work performed nod/or mate. rial supplicate dnte, Ddto ~ PRE.PAYMIZNT CERTIFICATION OY FIELD ENGIHEI~R that the {OfllfaClOf nhuuld h~ paid tho ~tmouflt r~qUUmled I certify that All work and/ut mAteri,tln under the coflltncl h,t~ been iflqpL'k'tgd hy me and that it Approved .__ :: (ConlfAotl~ Olfieefl L_ L_ fllOlliOAkOO KENAI, ALAIKA ONIt T~kEFNONB m./~1 TOt FROH: DAT£t REt MEHORANOUH 3a m Ro~e~e~ City AEro,ney ty of Konei ek LaSher, City Engineer ~ City of Kenei 3uno 25, 1986 Eoeement to golker Lone Normally, the beet way to hendle thio eitue~lon would be to dedioate the eaeement to publ~o right-oF-woy. If thio happene, howevefp the C~ty would need afl ~netallet~on eQreement with the developer For oonutruotion of etreet lmprovemento wAthin the r~ght-oF-way end the City would meintein ell ~mprovemente In thio tnotenee, ! think it mey be An the CAty'e beet to grent an eaeeeo eeeement (that ooinoidee w~th the utility eeeement) with the underetondlng thet the deveJoper provide routine me~nteflenee of h~e eeoeee. The C~ty would meintaln tho uC~1i~7 1&nee ee within eny publlo ~lght-oF-weyp howeve~p we would not be providlfl9 routine etfeet maintenance to e oma11 eeotlon of etreet oonetruoted by others. plowing enow end ptovidin9 other meJntenefloe to thio etee, 3L/elf MEMORANDUM CITY OF KENAI ~IOFIDALGO KENAI, ALABKA 19811 TBLEPHONB ~&S- 7SSS TOz 3auk LaSher, City Engineer ity of KenoL y /City of Kenai DATE; 3une 24, 1986 RE8 L_ Easement to Nalker Lane Zn order to expedite the release o¢ the McDonald's treat, Treat A-2-A, Sprueewood Glen Subdivision, and allow Mr. Lowry to pay o¢¢ hie arrearages, there has been e request Car a grant Car's public easement. The requested easement la shown on the stteohed map end is oo~ored orange. Aa you eon Gee, the easement oon¢orma exeotly to an existing utility easement. It has been suggested that it may be preCeroble to actually subdivide the oity lot end vacate the aeeeae way, ae opposed to granting o public easement. My understanding Is that there ere water end sewer lines under thio proposed easement. ! am wondering whether in your opinion, an establishment of a road through a rapist would bo preferable to granting a publio easement. #hlle there lo politioal proeoure on both aides or the tenor to either to allow the easement, or not allow tho oosomentp ! am apeotrieally interested in your reelings on what erreet either or tho two proposals would have upon future maintenance or water end rawer l~neo. ! envision o scenario where the City would end up having to spend a good deal or money excavating water and sewer lines. Xr we grant a public easement end one or the owflsre or the adJo{ning traete ended up paving that portion, there oould bo problems In compensating those adjoining owners rot osaka. Please lot me know et your earliest oonvenianeo what you think about the 8ttuation. TR/ol¢ Attaohment L_ L_ t_ k\ AGCE88 6EGTsON 4 G(¢TIO# 6 let WALKER KRD 78-106 I.OT- I g OOeO6'o0" w 14J ~ I I / )fRalNO / ,~ 64 T TRACT '. ~.66 AC 12,100 'RACT 12,100 o~ LIMIT8 C TRACT A-] $.10 A 6 PARK NOTARY' S ACKNOWLEDGENENT I" (JR: ~.....,..dl¥ of. ~, rgB4, Ce CITY OF KENAI gIOFIDAtO0 KENAI, ALAIKA 09011 IILEF#O#E ~1 ·/838 June 26, 1986 M[HORANDUH TO~ FROMI RE8 gm. 3. B~ghton, City Hanager K~m Howard, Adm~n~etret~ve Aerie,ant Rode, erm inet lone ThAe memorandum la In reaponee to the number of leeeeee who have notified me expreea~n9 their ooneorn or dieeetiefaotion with their lnoreaoed 1oeec rater on late being rede,ermined Lhia year. ThAo year there were 31 leaaea up fo~ five-year redeterm~nat~Oneo Z hove only received aryan oigned Amondment9 to Leaae beak from &eaeeeo. One 1cooer hao aubmitted a requeot to purohaae. A qualif~ed apprateer performed appra~aalo on eaoh &at and the appreiaed voluea h~ve been oonfJrmed by o aeaond appraiaer, AZaeka Va~uation Service. One of the ;eaeone For higher 1eeoc rates Is beoauee five yaaro ego~ et the ~eet redetermtnetJon~ many of there ~eeoeee had e one-time 50~ oep aee reeu~t of e 1~79 Ordinenoe. The, Ordinenoe wee repealed Jn late 1961~ and O;dinanoo ~64-61 ~lmited the oep to on-airport lender eretria,ed to eoeonnuttoel uae only. The following lo a reoep of the laeoeeo that have expreaeeed oonoern or dieeat~afaot~ons Phllllp [vane, Late 2 & ], Bk. 5 CXZAP - Her eubmitted Xetter end the Leg01 Department her reeponded. The prev~oue ennue1 rater were $697.75 For each lot, the new rate lo $3,466.60. gaiter & Gloria Churoh, Lot &, Bleak 2, rtdalgo Sub. -Z reoeived letter thio date end have forwarded it to the LeGal Oepertment for their ~oeponee. Prevtoue annual rata wee $1~554.00t the new rate le $4,353.12. [NC Corporation, Lot 5, Bleak 2, CIZAP - ! opoke with gaff, leman thio date and ouggeoted he eubmit a lette~ 'L_ L_ L '' /I SUBSTITUTE NO. 1 Suggeo~.ad byl Adminiotro~.lon CITY OF K£NA! ORDINANCE NO. 1121-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIHATED REVENUES AND APPROPRIATIONS BY $15~,5&6 IN THE HIGHBUSH, ALIAK, SHIRES CAPITAL PRO3ECT FUND TO FINANCE ADDITIONAL INPROVEHENTS TO THE PRO3ECTS ANO ADDITIONAL INSPECTION COSTS. · NHEREAS, the City deaireo to reloe the road graded and lflfJXtretiofl etruoturee off Eeet Altak from the Creek Hlghbuoh, Bumblebee and off Swlrea tn the project (Alternate 48) at an eetXmoted ooet of $14e,5oot and~ #HEREAS. the Xnapeetor hod requeoted $25,546 ao additional ~nepeotton ooa~e unde~ hie extettng oontraO~l end, #HEREAS, $20,460 1o available tn the Fund to be trenoferred to appropriate aooounto. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF* THE CITY OF KENAI~ ALASKA, thais Serbian ls The following inoroooe in eottmated revenuer and oPp'~oprta~tone be modes Goner, al Fund Inereoae Estimated Revenueot Approprtottono of Capitol Improvement Rooorve Xnoroooe ApproprJa~Aonot Non-Deportmentel - Tronafere Htqhbuohf Aliakf Swtreo Capitol ...P..roJ.eet lno~oO'8o £etimotod Rovonueot Trenorer fr,,om Gonoi'ol Fund kltZZ tam ~. Nillage - 23 mi. · 0 BN.~NCE OUE, II ' ' I 12,051.60/'/ 2.77 / 12.10.~ 5.10 6.00 ii.SO --L. U b F' L_ t.. L_ r-  ~ pr~oMt~ Htghways Sterllng Highway HP 79-94 Construct Improved 2 lanes OOT&PF 610 -~--::':: ...... ~, Kenat Spur Yldentng Phase ! OOT&PF 470 ~" , Seward Htghwa¥ F1P 60-65,6 (Summtt Lake-Bertha Creek) OOT&PF 470 · ~'~'*" K~at Spur Ntdentng Phase tT OOT&PF 446 ~:~.,..'L. Ster~tng Htgh~ay ~P 167-174 (Anchor ~tver-Homer) DOT&PF 430 ,.~.~. * (Resurface, mtnor ~tdentng, etc.) ~;:~ ~" Sterltn9 Htgh~/Homer. Splt Stem Oamago Control OOT&PF 430 ~L.. S~erllng HIgh~ay ~P 36 60 HeJor Rea119nmen~ OOT&PF 420 ,~_~. Sterling Htgh~ HP 79-94 Phase ii (additional 2 lanes) OOT&PF 400 ~:~. _ Sterllng HIgh~ay HP 137-147 Overlay and Htnor ~tdontng DOT&PF 390 ~' Kel lfonsky 9each Road Htdentog (to Kenat) Soldotna 386 :~?~'. ' Sterltng HJgh~ay HP 117-137 (Clam Gulch-Ntntlchtk) OOT&PF 360 (Htnor ~tdentng~ reconstruct~ resurface) ' ~:"' Ster!tn9 Htgh~ay lap 0.0-28 (Se~ard-faoose Pass) OOT&PF 360 ' ~~- :- :. (Overl~ and mt nor recent,ruction) ., ~ ..... ~. ~. :. Sterltn9 Htgh~ay/Kenat Spur Signalization OOT&PF 376  61nkley and Sterllng Htgh~ Signalization DOT&PF 370 .~.~.';. Kach~ek Drtve- Reconstruct and pevtn9 OOT&PF 363 · -~ ":-~:.-~-~-~ East Htll Road. Phase iX pavtng DOT&PF 360 ., ..,: ~ KPB Htgh~ DestBn Fund (460.0) KP6 346 ~..~i .~:~.~ S~erltn9 Htgh~ay/Kenat Rtver Brtdge ~tdentng (Soldotna) Soldotna 346 ,~ ~.. :.~?:.` ~ Relocation of OOT&PF Soldotna H&O Statton Soldotna 336 ~::.*'".-~: .~ .~...~...~ ( Homer Bypass - Overlay and illumination OOT&PF 330 North Fork Road (4,600.0) KP6 325 :~.?'". ~:,.~:~ Hackey Lake Road/Sterling Htgh~ay tntersectton imp~ovement Soldotna 320 ~ ......... Lake Street - 4-lane and podostMan ~alk~ays Homer 320 L~-~:=, ~.-,.-~ ,~ Hash Road/Sevard Htgh~ay intersection Z~flprovement DOT&PF 320 .;~...-._ . :. Bartlett Street- Upgrade to Urban Standards Homer 3~0 Kenat Spur/Airport Hay intersection Signalization OOT&PF 310 North Renal Road Four Lanes HP 14-22 OOT&PF 306 ~.~. -'.~ [Gs~ End Road MP i .0 Reconstruct1 on Gad ReM t gnmen~ DOT&PF 303 BGdoub~ ~vGnuo/For, s~ DMvQ - Reconstruction and P,vtng DOT&PF 300 ~. Kobtnsofl Loop Road Reconstruction and Pavtng KPB 297 , Dtamond Rtdge KP 4,63-8,02 Reconstruction and Pavtn9 KPO 297 ~:'~ ........ ~;;:~- East End RoM Phase it MP 12.3-20.19 Pavtng KPO 296 ~ ...~.:~.:.. Relocate OOT&PF Sovard H&O Statton Sevord 296 East End Road Phase iii faP.12.3-2~.23 Rea119n and Pavtn9 OOT&PF 296 ;*:" .....~' East End Road - Htden to 4 lanes vtthtn CtW 11mtts Homer 287 ~"' .~'~"~ Sport Lake Road Reconstruction and Pavtn9 KPe 2e7 HoSt Poppy Lane Reconstruction and Pavtng KPD 262 ,.~,:~,. .... ... e Fun~ Rtvor Road - Sterling to Atrport Major Roconstrctton DOT&PF 266 ~ ~?~,.~:-:.,'~-~:..~ Russtan qtllage - Upgrade Road, Spot Reconstruction, DOT&P~ 247 & ~i~T~.:;.-. Pedestrian Bridges - Seward Htgh~ay/Resurroctton ~tver DOT&PF 230 - ~-~:.~:. Storllng Hlgh~ay HP 134,137 Pedestrian Path~oys, SafeW DOT&PF 226 ~ ~~" ~. : ~ St;yllno Ortvo (Soldotna area) Reconstruction and Pavtng KPB 222 [ ~~:.:~. Resurrection Rtver Road Upgrade (Non-Federal Atd) Seward 206 Bean Creek Rood Reconstruction, Stave1 Surfacing, Extension Funny Rtve~ Road - Airport to £OR Gravel Overlay Scout Lake Road - Reconstruction and Paving Lowell Point Road Upgrade Greet Road Keno1Rtver Crossing at Funny Rtver Road Kenot Bypass - Hew Construction Homer Airport Runway, Taxtway resurfoctng Seward Airport - GA Apron Expansion and Other Improvements English Bay Runway Erosion Protection Homer Airport proporty Acqutsttton Soldotna Atrport Temtnat Replacement Kenat Airport - Float Plane Dastn KPO 187 OOT&PF ~87 OOT&PF Z72 Seward Z$2 KP6 Z37 KPD iD7 A§ency prtoM ~, DOT&PF 350 DOT&PF 28a DOT&PF 26S OOT&PF 260 Soldotna 227 M :..c.:.. '/.::" i., · ' HaP1 ne Agency ' '~- :':~ '""~": i ":-' ~'~ "l'~:":",' ?&-".""l } Ho,er Harbor Hain Dock Rope, rs Homer 112 '~':~2 :'~.-'..:o ~'~ Homer Oarge Fact11~ Homer ~'-: , .. . ~-,-... '-~ .~ HtnilcMk Harbor Z,lprovements DOT&PF '11~?,;~:t:~":'' "~ . Seward Downtown Ferry and Crutso Ship ~ock (Design). Seward · ~""L'." ':~... ~ ~ Kastl~f Harbor improvements (Float rop]aco;o~t, doc~. DOT&PF ' ~71'. "--':~ ~ ~ repatr, ~d~itton~l fl~ts, that ramp replacemen~l .~.~¥~-; ../~" ~' ,--~ I Homer H,rbor Flo~t [xpanslon . Ho;er _:_~::~.L.~ ~ Seldovta SBH - Replacement 300-400' of fl oats DOT&PF · '~:: ~. .... '~'-~ ~ Hash Road SBH Ne~ Construction ~-'--'~"--t ~ Kon,l City DOck Ne, Construction K,nal , ~]F=:~,~ ,~'.'.~ ~ Seldovta City Dock -Repatrs To Extsttng Dock Structure DOT&PF .~: '..:'~ =~::.~.~ Seward Hartke l~dustrtal Center (Cradles & Rat1 Extension) Seward ~.~.~ ~...~d-/~j , Jakolof H~rbor Float improvements and RO~ DOT&PF ~ *;;~'~-~.:~ i Seldovta Ferry Termtn~l (Shuttle Ferry) Seldovta · ~ _ ~:' .'-7 ... '- .,. . . '~' -5.~",'- -- - Priority 3S3 32S 320 30S 280 260 245 22O 220 212 125 4S ,1-3 F I ~ ~UL 0i '86 I41i8 ¢~,ItTRAL'I~E6IOII D.O.I'. "' ' ' ." · MORANDUM State of Alu ka. .. ,,.,., ,, ,,. ,,.., .,.,o.., ,,, ,.,,., ,,,,,.,,, .,, ....~.. . ,~ omnis IMgetttstiflce tn woPktfll ~o ImpPovi liI~ yI~'I ~ ~. :... . I DtltPt~utlofll .  ~b~ ~Ohfl ~,.~tq, ~l~, Pliflflt~g,.NorthI~fl Region ~ ~ aohn S, Totleyo Chtif, Planning, Clntfil Region .. . '--'_" ;. _ ~., . .~/.~..~?~':;1~~~. ~ i~-'~' ":~' t: '~.~...~ Gini Ltfldlly, Stltlutdl Aviation PliflnlPo CefltPI1 fleOtofl. .- ~.~,. "~ ~ ~1'~'~:.:~~,.~ . ..'. II L 3UL 0], ~6 14~ ],9 CE. HI'~'HL~ I~£GION D.O,T. QI. goal the prOJlat extend &hi service 1tie :of the facllltyt Servtee life · design ISle of fectlt~. x endeervIce ltl In art Yes · grlglntl alslgn lire ~fl years x 8S · .polntl Notes He,ore then SS points cia be awarded for this question. work to be done to in extsttng fictltty Potentially the pro, oct nledld to contlnv~ the development and construction of prevtous1~ funded pro,leers Iff the program! T, Supplmentsl funding for work thee ts under ~1 ~otnte 8. ~gpp~ment~l ~undtng for e project that ~s ready to go to bid tn the first querier of the budget ~air. points Construction phase funding ~Mre project wtll be roid~ for bld tn the budget ~s&r end pre.construCtion phases were ~unded tn prior ~airo, lB polntl 4. Fundtng for completion of pre-construction phases (Ippltes only tf fundtng need.wis Identified In list year's BS~ year expire1 Improve- mint program;, points g, AI1 other prelects, 0 potnts Q3. WIll the completion of this project have direct and Identifiable construction benefits to the Ioc41, regional or stote~tde Highway eel~rfec~nO, pu~ltc facilities rgp&trs afld_tmprovemlntl, harbor flOI~ replacement Or runway relur~lclng wOUld have 1title.or ao economic effect, since their projects ropalr or replace extsttng flClltttel, I potnte I_ I i: II ..... L_ 3UI- Ot // 'CC-, 14t~J Cflllh~L ~LC, I¢.dt ~ · O#lattnj r. oaavql woqld h.&v_e a re. one_rate mi)scl on the e&onm~ since '~:'~' _, tnO activity. . ...... S ~olnts . amve~opment, I peters . 4. Hew or expandd capnct~ for roads, atrports or harbors built tpl~t ?* ~. ,~. dl~elopmtn~ specifically tden~tft~d il pitt' pf an 9re,nixed 4), state matatansnco and/Or operations Costs ch~flQe il a rtlult Of thio SO points Itiduetton in State H&O costs Qa. (t,e, fail 1try upgrldedj transfer of relponllbtltt~ to lOCal govlrnment ) NO iddltlonal State Id&0 costs/po$tttohl One flew State H&O posttlofl t~ new State M~ po~t~ons potnta potntl points 0 points Impact on Al&skin Job f,tarket. HaJorlty of Project ~obs can bi ftlled by Alaskans JO points A11 other projects 0 points ASlumptiOfleS AppTy this 1tqm to all. projects, destgn, rtght.of w~y, conltruetton Or combinations of those.. ~udge e&cn project on 4ts Qffn mettle. Thl! Item ti Intended to reward pro~ectl that Ire likely to result tn Alaskan hire, L_ F- tnt Silts of lllskl. . ' ... ~~~T~~Ii~I~X ' lO0 · points ~.~.;, ,, high eoctdent r&tts X g6 ·Acctdent history of facility tfldtcetol need for upgrldl ' AunNiY length ti deficient 'by more than lO00 fllt or vldth by · Line vidths of tO feet or · NO shoulders X 30 · L points points e 0 polnti ..: .......... IIIII I I _ _ IIII ................................ ~__1 , 3UL Gl °~-6 14~.1 CEtt~RAL DEGIOI¢ D.O.T. · -4- F P.6xI~ ~. ':.;t4'.: Q?. #hat tS the functional classification of the '..":'~ .... ..;._~ ::_~ (1) Iflternitlonel ItrporeSt tntirlt~l htghw~l . ~:~, .~ (2) Regtonll center atrport% Ha]or ~r~ertal highneSS' ','"': ,,'::' ' (3) 011trtCt tnd Transport ~f~port~, Htnor artertll htgh~Byh . . ' : ...... ~ col lectors ~ Sub.rq~onal haroo~t gu1101ngl [Regional j .,.. ~, Buildings (Loci1 puroole) I0 potn&s ,,~ (~) ~e~torittOn,.preserv~lgnt ~ructur~1 m~tntenlnce or sifety . :., ". ,~.[. ~ ;~ '. 1~'~5 '¢4' .. ~;..'.~-~. ~ · :~L~2:: ~,,,-. .......... - .,... · ~ .... .,.., ~ ' i.~' "' ~ . : .. L #hit. I.I th.e regional IPercaptlo. n of the public's support for this orojec~, r.l,tlv, to oth,r pro3ect, b.tfl, ran#,dl (~) ~e project Is ~n t~, top th~ of pub11~ priorities. (2) The pro~ect ti Iff the ~lddli'thtrd'o~ pub14'c prto~tttee'. potntl factors Vlre Ifld thetr Import~ce tn evllu~81ng the ~opoled thtl re, lO b~ 26 to determine point &corel hOWeVir~ no pro3ict wtth in ~tmatld ri:tO ~efl SCOre more than 76 potfltl. , . · ,ILL OJ, 'El6 :~dt~ (.~I'tlRI4L I,~GT(~ D.O.T. " 4- "1 tOP flQIItttlS that dO .0% meet minimum mtafldm~dl, File F L_