HomeMy WebLinkAbout10/03/1927 Business Meeting1
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October 3rd,1927.
The City Commission met in regular session, Mayor Dud.ley and Commissioners Hedges and Coonsc
voting aye on roll call.
Moved by Dudley,seconded by Hedges, that the regular meeting of Monday, September 26th,
1927, and. adjourned meeting thereof be approved. as read;'carried,Dudley,Hed.ges and Coonse
voting aye on roll call.
Moved by Dudley, seconded by Hedges, that this being the time and place for the final
hearing 'on Resolution No.B -1038, which provides for fixing the annual: tax levy for the year
1928; it is ordered. that the ordinance fixing such tax levy be laid on the table until.
Tuesday, October 4th,'1927, at> 2 o'clock P -Mv. . car.ried,Dudley,Hedges and Coonse voting aye on
roll call.
ORDINANCE NO-A-1073, entitled.: "An Ordinance fixing the amount of the tax levies necessary
to raise the amount of the estimated expenditures of the City of Yakima, for the ensuing
year, to be levied upon the real and. personal property of said City' ", was introduced by
Dudley, and read by the City Clerk.
Moved by Coonse, seconded by Hedges, that Ordinance- No.A -1073 be . passed , t o : its second
read.ing and read b;% title only "; carried: Dudley,Hedges and Coonse voting aye on roll call,
Loved by Coonse, seconded by Hedges, that Ordinance No.A -1073 be passed to its third reading
and read. in full; carried.,Dudley,Hedges and Coonse voting aye on roll call.
Moved. by Coonse, seconded by Hedges, that Ordinance No.A- 1073•be passed as finally read;
carried,Dudley,Hedges and Coonse voting aye on roll call.
RESOLUTION NO.B- 1040., `WHERFAS, the City Engineer of the City of Yakima, 1ashington, has
addressed to the City Commission a communication in words and figures as follows,to -wit:
- "To the City Commission of � the City of Yakima, "lasllington.
!gentle rnen:
It is with much regret that I feel obliged. to report that harry Boyer,Son & Company,
the contractors for ReEvervoir - and. other itel:is included in :schedule D of the Municipal Water
System are not performing their work in accordance with the specifications and contract
therefor.
<< Mr. A.B.Collins, Assistant City Engineer, has been designated by me to supervise
this work and Mr.C.T. Jeffryes has been employed as Inspector and has been constantly presen
upon the work. These men .have repeatedly called attention of the contractors and. their
superintendent to the several ways in which they were not complying with the specifications
and. contract.
The contractors have ignored the specifications and the instructions given them
by these representatives of the City and have carried. on the work in defiance of orders to
stop work or to perform same- in accordance tiArith,the specifications and. contract.
The City's "Standard Specifications for Concrete and Reinforcement" were incorpor-
ated. in and. made a part of the specifications and contract for this work and. Inwish to
Point out certain portions of. these specifications which have not been complied with by the
contractors.
Section 10 provides in the second paragraph thereof that • "The amount of water
used in concrete shall be the minimum necessary to produce concrete of the workability
required by the City Engineer." This is a very important provision as it has been very
thoroughly demonstrated that the smaller the amount of water that is used beyond the amount
required to hydrate the cement the stronger will be the resulting concrete. The contract-
ors have persisted in using a greater amount of water in the concrete than can be used and
produce concrete of the strength required.
Section _11 provides that "The method. of measuring the materials, including the
water, shall be such as will insure separate and. uniform proportions and amounts of eadh
of the materials in every batch mixed." This provision has not been complied with as
the sand. and. gravel as drawn from the bunkers for successive batches contain varying amounts
of water and. no provision has been made by the contractors to measure or allow for this
varying .amount of water. The result has been that whereas certain batches from time to
time are delivered. upon the work in proper consistency, the bulk of the concrete placed has
contained too much water.
Section 15 provides in part as follows:
"Each batch of concrete as mixed, shall be conveyed. from the mixer to its
place in the work as rapidly as it can be done without loss or separation of the ingredients
It shall be d.epos.ited as ' nearly as possible, in its final position and in a uniform layer
approximately six (6) inches in thickness, excepting in the case of pavements, walks, floors
and all slabs, lriihich shall be poured to full thickness at one operation.
"All concrete shall be placed carefully and not dropped from any height,
and shall be thoroughly spaded. and compacted, and. carefully worked. in, around and beneath th
reinforcement and. all fixtures and. intricate pats of the forms. Coarse materials shat 1
be spaded well back from all faces of forms and. imbedded fixtures so as to fill all voids an
corners."
These provisions have not been complied. with in many ways and at many
times. The regulating tower, which, with the exception of the concrete placed. around the
pipes in trenches, was about the first concrete placed. upon this work is a good illustration
of the results of the failure of the contractor to comply with the provisions. of Section 15.
The concrete in this structure, as results clearly show, was not -placed.
in uniform layers of six inches,, but was poured. in at several separate points around the
circumference of-.the wall, was allowed to pile up in mounds at these points, much of the
gravel was permitted. to become separated from the mortar and rolled bourn into the d.epress-
ioa.s between the mounds and formed. loose gravel pockets and very porous places in the con -
crete. The concrete was not properly placed., nor thoroughly spaded and. compacted, and was
not carefully worked in around. and, beneath the reiizf orcements, and all fixtures and. intricate
parts of the forms. Practically no spad.ing was done and the coarse materials were not
spaded or worked back from the faces of the forms and' imbedded structures.
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Octobet _rd,l927.
lurch of ,,;hat is stated above in regards to the regulating tower applies as well
to work done upon the reservoir proper.
Section 18 -provides in nart as follows:
"To insure an excess of mortar at the junction of .the hardened concrete
with the fresh concrete, all surfaces of the hardened concrete along the line of .juncture,
inclusive of all horizontal,vertical and inclined faces, after being cleaned and. saturated
with water, shall be s lushed v;ith neat cement grout dust in advance of the placing of fresh
concrete against any portion thereof."
This provision has not been complied with by the contractor at many places
along top of reservoir wall where fresh concrete in roof slab has been placed. by the con-
tractor, though the attention of contractors and workmen was called to same at time.
Section 19 provides in part as follows:
"All concrete in slabs, floors, roof s, walks and pavements, and. in the tops of
all exposed walls, piers, abutriients and. other structures, , shall be tamped :and compacted with
a heavy corrugated. rod or tamper,. after which all horizontal and sloping surfaces shall be
struck off with a heavy template or strike board, moved. with combined. tamping, crosswise and
longitudinal motion, and all excess mortar shall "be re-noved.
In the p _acin- of concrete for roof slab these provisions of the specificatic
have not been complied. with. The . concrete used has generally been of a, too wet and sloppy
consistently, has not been placed. with care and. thoroughly spad.ed. and carefully worked in
around and beneath the reinforcement, and no suitable spading tools, heavy tamper or strike
board have been provided or used..
The resulting concrete will necessarily be of low strength, and. :There forms
have beer, removed,extensive gravol pockets and porous places in the concrete have been re-
vealed..
When we discovered. that this roof slab was not being placed. in proper manner
and that directions given the contractors by our inspectors were not being--followed, Mr.
Coor_se, Commissioner of Streets and. Public -Improvernents, and. I served. written notice upon
the contractors to cease work upon this roof slab until suitable equipment was provided and,
until said contractors were prepared. to do the work in accordance with the specifica�d ons
and contract.
In answer to this written notice we received. a letter from said 'Harry Boyeiv,
Son and Company stating that they had been advised by their attorneys to .carry o-,Jt• their
contract and. that they intended. to do so.
Accepting this statement as a declaration of their intention-to comply with
the specifications we suffered. them to proceed. with the work. We soon found,houever, that
what little effort they made to do their work in a satisfactory manner wa-s only a gesture,
and that they apparently had no intention of.'6furnishing and using suitable equipment for
spading and compacting the concrete and. that�'�'the consistency of the concrete wa:2• still
unsatisfactory.
I,therefore, on the. 29th day of Septe}iber ?personally gave the contractor's
superintendent verbal instructions as to the e(Juipnient required and. the methods that we
should expect to be used. upon the remainder of this work, and upon the satire day I mailed. to
said Harry Boyer,Son & Company, a letter setting forth the instructions vrhich had been given
to their superintendent.
Section 20 provides in the last .paragraph thereof that, "All workmen and.
laborers employed in the nixing, placing, compacting and finishing of concrete shall be
experienced in their particular lines of work, and. shall be• faithful, ir_dustrious, orderly
and. careful in the performance of their several duties."
The number of :men employed in the placing and compacting of concrete has at
all ' times been insufficient to perform the -work required, and not being; provided cai-'Gh the
necessary tools and equipment they could not perforn. the work in the necessary, manner.
Some of the men employed. have probably had. experience in handling concrete, but it is quite
evident that they have not been instructed by the contractors as to what the specifications
require,; nor have they been instructed to .follow directions given by the engineer and
inspectors. These men have evidently never been instructed to be. careful in their work,
but they have stood. and tramped. upon the reinforcement steel in the roof slab in such a
gray as to seriously bend. the rods and. crush many of the small cer.ient blocks used to support
the lower steel bars to such an extent that the bars have in :many places been pressed down
upon the forms and. the required. 4 inch clearance between bars and surfaces of the slab has
not been maintained.
Sect ion 23 provides in the last paragraph thereof that "All wooden forms,
which are not oiled., shall-be thoroughly wetted and saturated with water, excepting.in
freezing weather, before the concrete is placed.:" During a portion of the time that roof
slab has been poured the forms were not wetted. until just before the concrete was placed.
and therefore were not saturated, and could. continue to swell after concrete was -placed and.
partially set.
Section 28 provides in the second paragraph thereof as follo�,�:
"The contractor shall be responsible for the water proof qualities of
the concrete, arid. he shall promptly repair, replace or otherwise make food, to the satisfa-
cation of the City Commission, and City Engineer, at h,is own expense and without cost. to the
City, all leaks or other defects which rnay develop or become apparent wit1iin one (1) year
frorn the d"te of completion of such structure."
The contractors for this work have r.epeated.ly declared that this pro-
vision of the specifications and contract' is not binding upon there,. and they have carried
on the work as though they had. noresponsibility for the results .obtained.
Section 5 of the General Stipulations, which form a part of the
specifications and. contract for this work provide, in part, as follows:-
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October 3rd,1927.
"All directions and order - - -- shell be gi -ren by the City Engineer, either
personally or through his duly authorized assistants and inspectors, and. the contractor
shall obey all such directions th- roughout the work.
"The contractor shall give his personal attention to the construction work,
or maintain constantly upon the work a superintendent who is fully authorized to receive
and promptly. execute all orders or directions of the City Engineer.
"Competent foremen shall be in charge wherever work is being done, and. any
order given the foreman or superintendent shall be considered. as given to the contractor.
The contract
that in the absence of
there is no person who
inspectors in charge.
instruct their workmen
apparently -have failed
ors-employ one superintendent upon the work but no foremen, so
the superintendent from the place where concrete is being placed
has been designated ro receive and execute directions of the
The contractors- have been requested to employ foremem or to
to receive and obey instructions given by the inspectors, but
to do so.
The parts and portions of the specifications above cited are very important,
and full compliance therewith was necessary in order that the desired. results should. be
obtained.
The situation presented is-serious, and I and my assistants and inspectors are
far from satisfied with the manner in which this work has been handled., and. we are fully
satisfied that before the work which has been done can be made serviceable extensive
repairs will be necessary, and that such -repairs grill require much additional work and.
expense for which the contractors should be held fully responsible.
I hereby certify that the statements made in this report are correct, and I
respectfully request that the necessary steps be taken by the City Commission to safe -
guard. the interests of the city in the construction of this reservoir and to attain a
satisfactory completion of this mtach needed. improvement, and. to thereby elieve me and
my assistants from any responsibility for the unsatisfactory manner in which this work
has been carried on, which has been against our repeated. protests.
Respectfully submitted,
CHARLES F. WILSON,
City Engi.neer."
Yak ina , Wn .
Sept. 30,1927.
AND i'TI3EPLEAS, the City Commission finds that Harry Boyer and Walter O.Boyer,
co- partners, doing business under the firm name of Harry Boyer, Son & Company, have
arbitrarily -refused to comply -with the specifications for the municipal water system of
the City of Yakima,1ashington, in the constructing of the improvements as described. in
Schedule D of such specifications; and
1`11 1,REAS, the said Harry Boyer and Walter O- Boyer, co- partners, have neglected
and refused. to follow and comply with the instructions of the City Engineer relative
thereto; and
V =PEAS, the City Commission is advised. in the premises; and
WHEREAS, Section 30 of the General Stipulations made a part of the contract
between Harry Boyer and Walter O.Boyer,co ®partners, doing business under the firm name
of Barry Boyer, Son & Company, and the City of Yakima "That if the contractor shall assign
the contract for this improvement without the written consent of the City, or shall
abandon the work thereon, or shall neglect or refuse to comply with these specifications
and. the instructions of the City engineer relative -thereto and with the ordinances of
the City of Yakima, the City Commission shall have the right to annul and. cancel said
contract and to re -let the work, or any part-thereof, and. such annulment shall not entitle
the contractor to any claim for damages on account thereof nor shall it affect the right
of the City'to recover damages which may arise from such failure. In case the City
assumes control of the work under the-contract for this improvement for any of the above
reasons the City shall have the right to seize all machinery, tools and material on hand.
belonging to the contractor and use the sane -to complete the *work at the. contractor's
expense."
AND WhEP,I!;AS, - the City Commission finds that on account of the -failure of sa id
contractors to comply with-the specifications- and the instructions of the City Engineer
relative to said. contract it is for the best-interests of said City to annul and cancel
said. contract;and
WHEREAS, the City -Commission finds- that it is for -the- best interest of said
City to assume control of t'ile work under the contract- -for said. improvement and also to
seize all machinery,tools and materials on hand belonging to the contractors, and to use
the same to ccarnplete the work at the contractors' expense;
NOVV THEREFORE, BE IT RESOLVED BY THE CITY C ONUAIS SI ON OF T Iii -CITY OF YAKIMA ,
`'ASHINGTON: That said contract entered into between the City of Yakima, a municipal
.corporation, and. Harry Boye-r,Son & Company, a co- tartnership consisting of Harry Boyer
and `Flalter O.B•oyer, on the .10th day of January,1927, relative to the furnishing of
material and the constructing- of improvements, as described in Schedule. D of tale Plans
and Specifications for the Irlunicipal Mater System of the City of Yakima, Tfashington, be a
the same is hereby cancelled and annulled; and
BE IT FURTHER TMOLVED that the contractors and all of their-agents and
employees are hereby ordered to cease work under said contract and. to vacate said. premises
and it is orde'red. that all i achinery,t ools and materials on hand belonging to the
contractors be seized and used by the City to- complete the work at the contractors'
expense.
October 3rd,1927.
BE IT FURTHER RESOLIFE;D that a copy of this resolution be served by the City
Clerk of the City of Yakima,'INashington, on Harry Boyer and 71alter O -Boyer and that the
City Clerk serve a ' copy of this _resolution upon Fidelity and Deposit Company of Maryland,
and also at the same t irne that the City Clerk deliver to Harry Boyer and Walter O.Boyer a
communication advising them that the City Cold :qissi.on has cancelled the contract on this
date.
PASSED BY TFE CITY COiru(ISSION signed and approved this 3rd day of October,1927.
,
Attest : Pearl Benjamin,
City Clerk.
(S E A L) .
W, _".Dudley,
1day or . -
Moved by Coonse, seconded by Hedges, that Resolution No.B -1040 be adopted asread;carried,
Dudley,Hedges and Co.onse voting aye on roll call.
ORDINANCE, NO.A -1074, entitled.: "An Ordinance conf i r!riing the Assessment Roll covering Local
Imorove_.ent District No-436, as created and. established by Ordinance No-A-1044 of the
Ordinances o the City of Yakima", was-introduced by Dudley and read by the City Clerk.
Moved by Coonse, seconded. by .Dudley, that Ordinance No-A -1074 be passed to its second read-
ing and read. by title only; carried,Dudley,Hedr2es and Coonse voting aye on roll call.
Y
Moved by Coonse, seconded by Dudley, that Ordinance No.A -1074 be passed to its .third reading
and read in flill;caVried,Dud.ley,Hed, es and Coonse viii n4. aye on roll call.
Moved by Coonse, seconded by Dudley, that Ordinance No -A -10.74 be passed. -�Ls'finally read;
carried,Du.d.ley,Hedges and Coonse voting a. e on roll call.
ORDINANCE" NO.A 1075, entitled: "An Ordinance c onf irminc, the Assessment Roll covering Local
Improvement District No. 437 as created arid. established by Ordinance No.A- 1045,of the
Ordinances of the City of Yakima ", was introduced by Coonse and read by.the City.Clerk.
Moved by Coo -use, seconded by Hed.res, that Ordinance ±Io.A -1075 be passed to its second
reading and. read b�v title only; carried,Dud.ley,Hed.r , es and Coonse .voting aye on roll call.
Moved by Coonse,, seconded by Hedges, that Ordinance No.A -1075 be passed to its third read. -
ing and. read in full ", carried, D:a.dley,Hedges and Coonse voting aye o.n roll call.
Idloved by Coonse, seconded by Hedges, that Ordinance No-A -1075 be passed as.finally read;
carried,Dud.ley,Hedges and Coonse .voting aye on roll cell.
Moved by Hedges, seconded. by Coonse, that t:-_e following claims be allowed and the City C1erl
:authorized to issue warrants there for ; carried., Dudley, Hedges a,rd. Coonse voting aye on roll
call.
Park and. Plav :ro -und
No. 1971
Current Ex-oe nse
40.00
11arrant No.
Name
ki,.ount
No.42797
ki.erican City Idagazine
$)8- 00
98
Burroughs Adding itch Co.
9.00
99
Brown's Pharmacy
1.05
800
J.Blalock
1.00
Ol
Harry? Coonse
27.93
02
Hull - Mille.r Co.
98.75
03
H.E . Hawki n
10.39
04
E.A.Jensen
25.00
05
MlcD.owd Type�ririter Co.
6.75
06
Ben Starcher
130.00
07
Ed Tho=mas
2.00
08
B.E.Tidland
12.2r1
09
L-Thatcher
50.00
10
Troy Laundry
3.78
11
`- .E. Thompson
40.00
12
Tyrell's Firestone Co..;
54.90
13
Valley Pub . Co .
9.25
Olympic Foundry Co.
Total.... r
490.07
Park and. Plav :ro -und
No. 1971
R.H.Owens
40.00
77arrant
Vire?r�en's R & P Fund
Amount
No .0-537
1drs. H. S . Clancy
X36,..25
36
L.I.D.
15.00
No.2559
R.A.Gea,ry
`R "226.69
60
It
203.25
61
"
863.26
62
"
2128.27
63
"
853.00
6
"
153.00
65
';
930.62
66
''
107.78
Gail Id-Clevenger
Total.......
X5465.87
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Irrigation
77arrant
No . Name
Amount
No .2532
Fi . C . Connell
"$150.00
36
H.B.Liebold
15.00
Sl
Miun i c i -n = l ,7a t e r
: 1500
Cascade 1-ip� e77� 'F1'ld -E Co. 25,551-71
No. 2461
O.L.il.ercer '
;x;1000.00
80
O.-H. Boggess
10.42
81.
C.E.Butler
25.00
82
County of Yakima
2.40
83
C .E . Craton
19.45
14
Gail Id-Clevenger
25.00
85
A.B.Co.11ins
25.00
86
Gaudette Service Station
3.00
87
N Al. Gilman
5.10
88
Helliesen Lbr Co.
7.42
89
F.O.Hansen
25.00
90
Neptune Deter Co.
275.00
91
Olympic Foundry Co.
39.00
92
I!IcHugh & Col�?ccio
6058.33
93
of if
3134.53
94
Henry,111.Barth
12.00
95.
County of Yakiria
.75
96
A.3.Fossee.n & Co.
46.85
97
N.i7. Testing,, l,ab.
268...1.0
98
U.S. Cast !run & idry Co.
2387.40
99
Yakima Ce)nent Products Co.
37.80
Total . , � � ...®.__._.__._w
..... = :r3 :8, :958x36
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October 3rd,,l_927.
Water Fund
7 ?arrant No. Name Amount
No.960 John Diem X20.00
61 Beaum -on- Stat.Store 3,50
62 P.P. & L Cc 932.15
63 Yak.Ptg & Bindery Co. 70.35
64 A- 71- Swigert 19.64
65, Paul N.Bickford 36.75
66 Cascade Lbr Co. 51.90
67 L.A.Fvans 20.00
68 A.F.Kohler 1.75
69 Pror,ipt Printery 48.75
70 Standard Oil Co. 9.00
71 Yakima Steam I^aund.ry 1.00
72 Yakima Brazing & `,Meld. 11.75
73 Yakima Hd.we Co. 148_.44
Total....... 1,374.93
Moved by Hedges, seconded by Dudley, that vie do novi adjourn;,carried,Dud.ley,Hedges and
Coonse voting aye on roll call.
P
Mayor d
A-t t e s tCZZ4�9
City C rk.