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HomeMy WebLinkAbout12/20/1926 Business Meeting & 12/23/1926 Adjourned Meetinge 475 December 20th,1926. The City Commmission met in regular session, Mayor Dudley and Commissioners Hedges and Coonse voting aye on roll call. Klloved by Dudle,y,seconded by Hedges, that the minutes of the regular meeting of Monday, December-13th,1926, be approved. as read:;carried,Dud.ley,Hed.ges and Coonse voting aye on roll call. RESOLUTION NO.B -1011, A RESOLUTION designating J.T. Hedges to be Superintendent of Finance and Accounting and Harry Connse t o be Superintendent of the Department of Streets and Public Improvements for the term of three years, commencing on the 20th d.ay- of December, .1926, or until their .succ- essors have been duly elected. and. qualified. !MREAS, J.T. Hedges and Harry Coonse were duly elected commissioners of the City of Yakir;a,Washington, under .a,nd pursuant to the provisions of Chapter 116, of the Session Laws of 1911, at the regular municipal election held' in the City of Yakima',Vlashington, on the 6th day of December,1926, and. have taken the oath of office as provided by lave, and. the official bonds of the said commissioners in the amount provided for by law having been approved by a judge of_ the Superior Court-of Yakima County,Washington, and thereafter filed in the . office . of the clerk of said Superior Court of Yakima.. County,Vlashington, and 9HEREAS,Section 12, of Chapter 116 of the Session Laws of 1911 provides that the City Commission shall at the first regular meeting after the election of its memb.ers', d.signate by a majority vote one commissioner to be Superintendent of Finance -and Accounting and one commis�si-oner to be Superintendent of the Department of Streets and. Public •Improve- ments. NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the .City, of Yakima, that J:T . Hedges be, and he is hereby designated to be Superintendent of Finance and. Accounting to hold - office for the -term of three years from and after the 20th day of Decen.ber,1926, or until his successor is duly. elected. and has-;qualified.- BE I -T FURTI­ER RESOLVED, that Harry Coonse be, .and .he is .hereby designated to be Superintendent of the Department of Streets and Public Improvements., to -hold office for- the term of. three years from and after the 20th day of Dece.rnber,1926, or until his successor is duly elected and has qualified. This resolution.being required. to be made by the laws of the State of Washington, and being _necessary for the immediate preservation of the public peace,health and safety, and'an emergency existing therefor, it shall take effect and be in force immediately upon its passage.. ADO??TED by the City Commission this 20th day of. December.,1926. Wm.B.Dudley, Mayor. (S E A •L) Attest: Pearl Benjamin, City Clerk. Moved by Coonse,_seconded by Dudley, that Resolution No-B-1011 be adopted as read;carried, Dudley,Hedges and. Coonse voting aye on roll call. Moved by Coonse, seconded by Dudley, that the report of the City Engineer on bids received on December 13th,1926, for constructing and furnishing material for the General Water System be read as follows: carried,-Dud.ley,Hedges and Coonse voting aye on roll call. To the City Commission of the City of Yakima.,4Jashington: Gent leme n: I hereby report that I..have tabulated and. checked the proposals received. on Monday, December 13th, 1926, . f r furnishing materials and constructing Schedules A,B, C,D and. E of the Municipal Water System. The totals.of all proposals received are shown upon the accompanying blue print. Schedule A. Schedule A consiste of a number of large water mains to be constructed within the city limits. For this work we have received. proposals for pipe and fittings, separately from the work of trenching and. laying. The lowest bid for the use of any class of cast iron pipe, is that of the Olympic Construction Company for the laying of Mono-Cast centrifugal pipe, which is made by the American Cast Iron Pipe .Company, the combined cost of pipe and pipe line construction being $76,244.34. The only bids for the furnishing and laying of any class of steel pipe at a lower cost than that of cast iron is the proposal of McHugh & Coluccio for laying arc welded pipe combined with the proposal of King Bros-Boiler Works for furnishing such pipe. From these proposals we obtain two combinations as foli.ows: Furnishing and laying 3 /16.;uinch arc we.lded steel pipe with all field joints welded as laid... ........................ .....$52,741.70 Same as above using Dresser couplings .............58,590.70 The Dresser couplings are, Ifbelieve, to be preferred to welded joints. All steel pipe is of a shorter life than cast iron pipe, and the use of such pipe entails additional expense in the matter of making service connections. This increased cost of connections for the length of pipe lines included in this schedule I estimate. at .;7,130.00. The total cost o.f using arc welded steel pipe with Dresser couplings would therefore be' about $65,720, or x$10,524.00 less than the cost of using cast iron pipe. If welded field joints were used the total cost would be about 859,870.00 or •`116,374.00 less than the cost of using cast iron pipe.. December 20th,1926. I shoal- much 'prefer-to use cast iron pipe in this work but this difference in cost should be seriously considered before making an- award.. Schedule B. Schedule B includes the .infiltration pipe line at Oak Flat , the gate chamber, sand trap and sluiceways, the corssing of Wapatox ditch,1,500 feet of concrete pipe in deep cut and some tunnel work, together with 5,027 - :lineal feet of 24 inch pipe line. . For this section of the pipe line alternate proposals were received for using several classes of pipe. The firm of McHugh & Coluccio is the low bidder upon this schedule, at X87,443.05 if are welded steel pi ]pe is used., and at ;82,164.70 if creosoted wood pipe is used. The difference in these two proposals of $5,278.35 is entirely upon the iten of 5,027 feet of pipe, for which the creosoted wood pine price is $15,583.70. Schedule C Schedule C comprises the major port..ion of the main supply pipe line, including the crossing of Naches River, the line over Rowe, Hill, and the crossings of several canals and small streams. It is proposed to use steel pipe for the rive -r crossing and-the portio of the 1-ine- over Rowe Hill, regardless of the-kind of pipe used. upon the remainder of the line. Alternate proposals were received for several classes of steel and for creosoted. wood pipe. The lowest bid received for an all steel pipe line is that of McHugh & Coluccio, being $284,145.93 for 3/16 inch arc welded steel pipe. The lowest bid for this sched.u.le, using creosoted. wood pipe, excepting for river crossing and at-Rowe hill is that of Cascade pipe and Flume Company amounting to $241,061.26. The ad.d.itIona -1 cost-for-steel pipe on this schedule would therefore be ��43,084.67 on an item of $208,903.86 for creosoted wood pipe. Combining these differences in cost for Schedules B and C we find, that the additional cost.for. steel pipe is a total of $48,363.00 on a total cost of $224,487.00 fu creosoted. wood pipe. The life of a. creosoted wood pine. line may safely be taken dt 30 years. If the above sum of $48,363 were placed at compound interest at 5% it would at-the end of 30 years amount to $209,025.00, an amount. approximately equal to the present cost of the creosoted wood pipe line. Schedule D Schedule D.cornprises the reservoir, regulating tower and-the-appurtenance pipe line; The lowest three bids received for this schedule, including the us.e of 3/16 inch arc welded steel for all pipe lines are as follows: Harry Boyer,Son & Co., Yakima ......................... .155,739.00 F.B. Peterson,Spokane . ............ ..................178,381.66 A.D. Kern, Portland ................. .....................179,140.60 This schedule should, without question, be awarded to the lowest bidder. Schedule r' Schedule E comprises the main distribution pipe line from the reservoir to the city and the branch pipe line connecting this main pipe line with the existing 18 inch wood pipe line on the Old Fruitvale road.. The lowest three bids received for this schedule, including the use of 3/16 inch arc welded steel for all pipe lines are as follows bidder. McHugh & Coluccio, Seattle ............................... $48,708.00 Western Pipe & Steel Co.,San Francisco................. 51,269.43 Geary & Wilson,Yakima .............. ......................55,151.75 Here, again, there is no question that this schedule should be.awarded to the low Valves and Valve Boxes Proposals were received from several bidders for furnishing all the_ valves and valve boxes required for all schedules of this work. The proposal of the Rensselaer Valve Company is the lowest bid received for valves that exactly conforms to the specifications. The pro osal of the Pacific dater Works Supply Company is for a .total suns of, two dollars ($2.003 less than the Rensselaer Valve Company's proposal. The.Pacific Company however failed to give the List number of the several values to be furnished or to furnish a catalog giving the details of construction of the valves to be furnished. Recommendation After studying the proposals carefully in company with Mr-Smith, who represents Burns- McDonnel- Smith,,the City's consulting engineers, and after going overthe situation carefully with representatives of the City Corvnission and. citizen's water conimittee, I have concluded that the saving of $48,363.00 which can be made by using creosoted wood pipe instead of 3/16 inch arc . weld.ed -steel pipe in Schedules B and C should be taken advantage of. I am also of the belief that further study should be given to the question of using steel pipe' in the distribution system before a contract is awarded for Schedule A I therefore recommend that contracts be awarded as follows: Schedule B,including the use of creosoted wood pipe for Item No. 1, to McHugh and Coluccio, for the sum of $82,164.70. Schedule C,, including the. use of cresoted. wood pipe for Items 1,4 and. 5, and are i. 1 1 1 1 1 471 Dece :,aber 20th,1926. welded steel pipe for Items 2 and 3, to Cascade Pipe and Flume Company for the sum of $241,061:26. Schedule D, including the use of arc welded steel pipe for all pipe lines, to Harry Boyer, .Son & Co., for'the sum of $155,739.00. Schedule E, iilcludin the use of arc welded steel pipe for all pipe lines, to McHugh & Coluccio, for the 'sum of 48,70£3.00. I further recommend that the proposals of the Olympic Construction Company and of McHugh and. Coluccio for doing the work included. in Schedule A,' and the proposals of the American Cast Iron. �ipe Company and of King 'Bros. Boiler Works for furnishing pipe and. the proposals of the Rensselaer Valve Company and Pacific ,°later Works Supply Company for furnishing valves and val.v'e boxes shall be given further consideration before contracts for Schedule A a:re 'awarded. I also recommend that all certified checks listed below be retained until contracts are signed and that all. other certified. _checks be immediately returned. to the bidders. Olympic Construction Co. $40,000.00 IRcHugr and Coluccio 35,000.00 Cascade Pipe-and Flume Co. 13,000.00 Harry•Boyer,Son and Co. 8,000.00 E.A.Webster Co., by F.E.Peterson 9,000.00" A.D.Kern Co. 10,000.00 Western pipe and Steel Co.- 25,000.00 Rensselaer-Valve Co. 300.00 American Cast Iron Pipe Co. 3,543.00 King Bros.Boiler Works 19,000.00. Pacific Water Works Supply Co. 400.00 Respectfully- submitted, . CHARDS F. WILSON, City Engineer Yakima, Rashington. December 20,1926. Approved: Burns- IJtcDonnell -Smith Engineering Co. By Chester A.Smith. Moved by Coonse, seconded by Dudley, that the report of the City Enginner as read. be accepted and filed. aml the Mayor and City Clerk -are. he,:eby authorized: to execute contracts rnd4ehbufleof toe ge�yan yakiraa• with theyabo e cTntra . jozs upon receipt of proper bond;Car- y, ed g Coonse vo ing a e orb ro Moved by Coonse, seconded by.Hedges, that the following payrolls from December 6th to December 18th,1926, be allowed and. the City Clerk authorized to issue warrants therefor;, carried,Dud.ley,Hedgres and Coonse voting aye on roll call. Moved by Hedges, seconded by Dudley, that the followings claifns be allowed and the City Clerk authorized to issue warrants the_refor;carried,Dud.le y,Hedges and Coonse voting aye on roll call. Current Ex-penE-e Cut -rent Ex -oense continued Warrant No. Name Amount Tarrant No Name Amount No.40732 Current Expense X6805.35 No:40748 Cemetery $7.25 Warrant Nna, Name Amount Warrant No. Name Am ount No-40712 F.Campbell $28.00 No.2201 I.L. Lousignout $48.00 13 R.C.Tucke r 48.0.0 G2 C.H.Lindsay 42.00 14 W.J.Davis 48.00 03 Fred Layer 38.50 15 H.Brown 44.00 04 Sam Ray 38.50 16 T.Wonderlin 48:00 05 E.Walters 38_.50 17 J- Miller 24.00 55 Total....... $205:50 18 C.Morrow 29.50 56 Uhite'Front Shop 8.00 19 H.Rehfelt 48.00 57 117estern. Union .30 20 H.Lane 28.00 58 Yakima Iron 'forks 7.86 21 INI -Evans 24.00 59 Yakima Grocery Co. 8.85 22 M.Oakes 24.00 60 Yakima. Towel Sup.Co. ;�fl2.25 23 D. 1,Vhi t eh o us, e. 28.00 Total......... 31402.26 24 A. Palm er 22.00 25 E.Edwa-rds 32.00 26 G.Norton 28.00 27 G.A.Crandall 24.50 28 J.Douglass 84.00 29 F.Herri,ng 56.00 30 T.Ringer 49.00 31 G.Dehnhoff 77.00 Total.... ..... $794.00 Moved by Hedges, seconded by Dudley, that the followings claifns be allowed and the City Clerk authorized to issue warrants the_refor;carried,Dud.le y,Hedges and Coonse voting aye on roll call. Current Ex-penE-e Cut -rent Ex -oense continued Warrant No. Name Amount Tarrant No Name Amount No.40732 City Treasurer X6805.35 No:40748 IVterchants Sign Co. $7.25 33 County Auditor 23.75 49 Carl G.Perr y 4.50 34 Standard Oil Co. 91.23. 50 Race St.Servi.ce Station 59.86 35 Anderson's Exchange 37.00 51 Robertson's Hdwe 4.05 36 Lentz Hdwe Co. 2.52 52 J:E. Sullivan 20.00 37 Republic Pub.Co. 77.65 53 71.'J.Sheane Auto Co. 1.91 38 Burroughs Adding Mch.Co. , 6.85 54 Valley Iron Works 15.00 39 Bivins & Waltz 25.00 55 Valley Elect . Sup .Co. 3.02 40 Dolph Barnett 6.60 56 Uhite'Front Shop 8.00 41 City Ice Deliver; 6.00 57 117estern. Union .30 42 G.A.Estep & Son 57.50 58 Yakima Iron 'forks 7.86 43 it it it 91.58 59 Yakima Grocery Co. 8.85 44 Herald Pub.- Co. 2.10 60 Yakima. Towel Sup.Co. ;�fl2.25 45 Geo.W.Lowe Tire Co. 8.08 Total......... 31402.26 46 Jerome Lewis 2.50 47 H.L.31futtart . 5:60 December 20th,1926. Park & Playground Municipal. dater Tarrant No Name Amount Warrant No. Name Amoun No.1750 City Treasurer $2.50 No.1182 Gascade Pipe & Flume Co..5940. 6 51 County Auditor 1.25 83 R.C.Elton 82. 6 52 Standard Oil, Co: 1.32 84 Mueller Co. 568.'0 53 Lentz Hdwe Co. 1.30 85. Valley Iron Works 70. ?5 5 54 Henry Tilden 3.50 86 Renssaler Valve Co. 3908. O Total ......... $9.87 88 103.(0 89 Republic Pub Co. 33.10 CemettU 90 American Cast Iron Pipe 10-15 91 H.S. Andrus 26. 5 No. '2206 N.W. Lindquist $5.00 92 Burroughs Add•Mch:Co. 890. 0 07 City Treasurer 1.25 93 Continental Oil Co. 35. 6 08 Anderson' "s .Mcchange 12.45 94 A.B.- .Fosseen .& Co. 7. 7 09 Yakima Sand & Gravel Co. 104.00 .95 R.A.Geary 16..0 Total....... ..; 122.70' 96 Helliesen Lbr.Co. 12.• 5 97 Kardex Rand Sales Co. 174. 0 Cemetery_ Trust_ 98 Yak 'Ceinent Products' Co. 205.(0 99 Yak.Hdwe Co. 239. 6 No. 2210 Yakima Valley Bank 130,621.11 1200 Yak.Iron Wks.. 93. 0 01 Yak-Woodworking Co. 4. 5 L.I.1. Revolving _ 02 Yak-Cement Pro.Co. 69.. 0 '03 "Walens" 32. 0' No.2208 Jerome LeVi s & Co. $15.00 04 Valley Elect . Supply Co. 254. 05 Wm.Kovistra 10.( 0 Road. and Brides 06 Harry L.Murdock 10.(0 07 Neptune Meter.Co. 611._3 No. 2209 YI.Morton $681.81 08 O.W. R & N.Co. 8 8 ..leg 5 10 City Treasurer 5145.26 09 Rosser & Sutton 298.(5 11 Republic Pub. Co. 82.50 10 E,.C.Sly 600.(0 Total......... X5909.57 11 A.W.S*igert 28.'2 12 Of 27.49 13 Tieton Water Users Assn 57.37 L.I.D. 14 Burns-McDonnell--Smith 3000. 0 �_ Total.... $17,509.40 No.2486 R.A.Geary $298.08 87 Yak.Paving Co. 8634 .40 Total.......... $8932.48 Irrigation, No .2205 Lentz Hd.we Co. .99 Water Department No.312 Bristol Co. $0.37 313 Burroughs Motor Co. 48.35 314 Coble Flect.Bungalow 18.15 315 Equitable Trust Co. ofNY' 26250.00 316 Herald Pub.Co 24.00 317 Lentz Hd.we Co. 1.44 318 Lowe Tire Co. .75 319 Geo- W-Lowe Tire Co•' 5.12 320 P.P. & L Co. 9.65 321• Mission Service Station 47.27 322 P.P. & L Co. 399.50 323 '" 250.00 324 172.15 325 Pdc. Tel?4 Tel Co. 18.55 326 Republic Pub-Co. 380.80 327 Howard T.Summers 1.80 328 Western Union 3.71 329 R.D.Wood & Co. .50 330 The Tire Market 129.75 331 Addressograph Sales Co. 3.65 Total...... X27,765.:51 Moved by Dudley,seconded by Hedges, that a further report on bids received on Schedule "A" be adjourned to Thursday,Dec.23rd,1926, at 10 o'clock A.M. carried,Dudley-,Hed'ges and Traub voting aye on roll call. ADJOURNED =TING, THURSDAY, DECEMBER 2311926. The City COMII1ission rnet pursuant to adjournment,Mayor Dudley and Commissioners Hedges and. Coonse, voting aye on roll call. Moved by Coonse, seconded by Hedges, that the request of Harry Boyer,Son and. Company, contractors, for certain amendments to Schedule "D" of the specifications of the Municipal Water System, be denied and the City Clerk is hereby ordered. to give notice to' said. contractors of such denial in writing, and it is hereby ordered that the opinion of the City Attorney and letter of the City Engineer be accepted, filed and made a part of this motion as follows: December 23,1926. City Commission Yakima, Washington. Gentlemen: Re: Schedule "D" -- Municipal slater Syst n. Harry Boyer,Son & Company, the successful bidder on Schedule "D "'have subrnitted. certain amendments to the proposal and specifications accompanying the bid, which said proposal and specifications were referred. 'to in the call for bids. There are three amend- ments suggested. and.are referred to be the City Engineer in his report attached hereto, as fl A i7 D December 20th,lv2t. Amendments "A ", "B", "C" and "D" The question to determine is: If the suggestions of the contractor are embodied in the contract, will same vitiate the contract? The rule of law is well settled that the public body has no power tor-nake materia or substantial changes in the contract, after bids are opened', and. award it as modified.. Donnelly,,_ on the Law of Public Contracts, at page 219, lays- down the following rule: "Where a contractor for public work bids upon - certain plans, specificat.ions and. conditions set out or referred to in the notice or advertisement for bids he cannot be required. to sign and execute a different form of contract than such as reasonably conforms to'and keeps alive the substance of these plans, specifications, conditions of work and of payment and. other conditions described. These terms and. conditions cannot be varied to tY hurt of the contractor or to his advantage and benefit. Where the contract offered for signature contains substantial provisions beneficial to-the contractor or detrimental to him which were not included in or contemplated by the terms and specifications upon which bids were invited., such contract is invalid as in violation of the-provisions of law controlling competitive bidding. The contract to be signed must be" the contract which was offered. in the advertisement. The public body has no power to make material or sub- stantial changes in the contract, after bids are opened., and. award it as modified.. It would. be destructive of all healthy competition and of the purposes of competitive bidding if one of the competitors- could. be perrlitted after the bids were opened t o alter his bid in such manner as. to make -it appear below others, and then make a contract at higher pricef with a large number of such prices not in competition at all, and have inserted+ therein clauses for his advantage, in no manner considered. by the other bidders or -offe-red to them. Nor may a public officer enter into private negotiations with a contracting firm for the purpose of reducing its original bid submitted at the time of open competition. But this rule does not prohibit all vatiations from the specifications. It very properly allows a reasonable degree of latitude in the details involved in the execution -of powers conferred by fundamental law which is essential to an intelligent and practical adminis- tration of public affairs. Certainly it could not be extended so far as to avoid an executed contract because of the use of words.in the contract not found in the specifica- tions, or-for. any mere irregularity not involving substantial rights." If the amendments proposed by the contractor do materially change the proposal and specifications, the contract is void, and the Commission could be restrained. by a taxpayer frcn entering into same. In the case of Moran vs.City Engineer -of Seattle,, 20 Wash. 52.5, action was instituted. to restrain the Coard of Public Works of Seattle. from entering into a contract on the ground that the contract proposed to .be ente -red. into materially changed the plans- and..specifications. The.Co.urt said. on page 535: "It -is plain that the Board of- .Public Works called for bids upon a basis - entirely different from the contract that was enjoined by the Court below, and to accept this contract would be to ignore entierely the plain provisions of the organic law of the city. It was the duty of the Board to accept or reject the bid as made, and not to accept it as subsequently modified at the suggestion of the bidders ", In the case -of Goshert vs. City of Seattle, suit was instituted. to restrain Seattle from entering into a certain contract.on the ground that there was a material mod.ificat` on of the specifications. In this case the Court held that there was a materia: change and, the proposed contract void. You are,therefore, advised. that if the suggestions made by Harry Boyer,Son and Company do materially change the specifications, a contract embodying such suggestions would be void and. could be restrained by a taxpayer. If,on the other hand, they do not change the specifications, their erabod.i.ment in the contract would. not affect same. A letter of the City Engineer to myself is attached hereto. Very truly yours, DOLP'H BARNETT City .Attorney. Mr. Dolph Barnett, City Attorney, Dear Sir: Relative to the amendments of specifications for Schedule D of the Municipal Water System, for which contract was awarded to Harry Boyer, Son and Company, on December 20th, which amendments have been suggested by said Boyer, I wish to submit the following statement. To avoid repetition of the selaeral amendments suggested., I have lettered. the several amendments "A ", "B ", "C" and. "D" upon the sheets submitted, by said Boyer, and. herein refer to same by such letters. MAENDIVEE,INT "A" Section 28 of the "Specifications for Concrete and Reinforcement'" is drawn in accordance with the usual engineering practice. These provisions are all contained in "City of Tacoma Specifications for North End Reservoir Etc.," for which proposals were received upon August 24,1926. This is the latest job of this character in the northwest that has come to my attention'.. It is not the intention of the specificat -ions to make the contractor responsible for the adequacy of the plans and specifications, and I do not think that the specificatiol are originally written could. be so construed. AMENDMENT "B" The proposed. amendment of Section 1 of repetition of the amendment proposed for Section and Reinforcement.t" the "General Stipulations`" is merely a 28 of the "Specifications for Concrete December 20th,1926.. Whether or not this amendment be accepted depends,,upon the decision in regard to "Amendment A" AI4�ENDi�LF' NT 1t C n The'proposed amendment of .Section 31 of the "General Stipulations" is simply an amplification of the purport of said Section. If this amendment is to be- considered it should first be modified. so as to provide that all materials paid. for should be actually delivered to the City. AMENDMENT "D" The proposed- amendment of Section 13 of the "Instructions to Bidders" seems to express some fear upon the part of Boyer that warrants-issued by the City would. not be immediately paid in wash. The "Instructions to Bidders" is a general form used. as .a part of all of our specifications. The last paragraph of Section 13 ap.plies only in the case of Local Improvement Districts, and is not pertinent in this case. There could be no objection to amending Section 13 by striking out the last paragraph. - It does not appear to me that any of these suggested aimendments,if accepted, would change the intent and meaning of the specifications. There is,however, a possibility that any change in, or amen&aent of the specifications at this time might be construed as a material change in the specifications, and therefore might be objected. to by some competing contractor who has bid upon this work. This aspect of the situation should be carefully considered, before any amendments of specifications are accepted. Yours very truly, CHARLES F. IILSON, City Engineer. AMENDIVTE'NT S OF S,..1, C IF I CAT IONS REQUESTED BY HARRY ROYER , SON AND COMPANY. Pare Nine, - - - - -- Concrete and Reinforcement A. Wherever indicated. uponnthe plans and detailed drawings or required. by the specifications for the work to be done under this contract, the Concrete shall be made wate2 tight by the contractor in so far as the choice of r:laterials,proportions, consistency, mixing, placing,compacting,protecting and jointing of the concrete as provided for by the specification:: will permit and the contractor shall not be in any way responsible for leaks which may develop for any cause except due to defective material or workmanship. All leaks or other defects which may develop or become apparent within one year from the completion of the work provided. for herein due to defective material or workmanship shall be promptly' repaired, replaced. or otherwise made good by the contractor to the satisfaction of the City Commission and City Engineer at his own expense and without cost to the City. Integral complund.s shall not be used for water proofing unless approved by the City Engineer. Page One of General Stipulations, Last Paragraph Of Subdivision One. B. The -contractor shall have charge .of and, be responsible for the entire improvement until its completion and acceptance. He shall be liable for any•d.efects which are caused by defective material or workmanship which,imay..appear or be ,d- iscovered. on h1is work before the final payment herein specified. C. On page nine of the General Stipulations and the latter part of Subdivision Thirty-one under the head of Injunctions, there should be inserted after the work "Yakima" in the fifteenth line from the top the following provision in lieu of the reniaind.er of the paragraph: "which estimate shall incl,,;de in addition to the work completed, all of the material ordered by the contractor for this par- ticular contract and. the contractor shall accept in full payment for his work upon said improvement and as a cancellation of his contract therefor a sum of money determined. in the strict accord. - ance with the proposal on the contract on the basis of the work actually completed and all of the iaterial ordered for this particular contract up to the time of the stopping thereof." Page Three of the Instructions to Bidder Subdivision Thirteen under Head. of Monthly Estimates. D. On the last day of each month during the time allowed in the - contract for the completion of the work to be done thereunder, the City Engineer will iss.u_.e.an, estimate of the amount of work completed during the month by the contractor. No . monthly. estimate will be issued after the expiration of the time allowed in the contract for the .completion of the work. The City Clerk will on or about the 10th day of the month following the issuance of each monthly estimate by the City Engineer deliver to the contractor warrants drawn upon the special fund for the payment of said work on deposit in the bank in an amount equal to 850 of such estimate, which warrants shall be paid in cash upon presentatiox at the bank. The remaining 15% will be held. as a reserve to protect laborers and material men for a period. of thirty days after the final completion and acceptance of the Mork and said sum shall then be paid to the contractor, either in cash or in warrants immediately redeemable in cash. 1 1 1 1 December 20th,1926. carried.,Dud.ley,Hedges and Coonse voting aye on roll call. Moved by Dudley, seconded by Hedges, that we do now ad .journ;carried.,Dudley,Hed.ges and.Traub voting aye on roll cal 1. May i Attest: G� y Clerk. 1 I--.