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HomeMy WebLinkAbout00392158 Minutes of Jan. 22, 1929 continued. (Boar and Cunningham report continued) Briefly reviewing, this project consisted of the construction of a diversion damand ap proximately 30 miles of pipe line and was divided into three contracts. Contract No, ts to Sta. 1225 or approximately 1 mile Northeast from Camp Talbot. the portion from the City limi Contract No. 2 covered the portion of the pipe line from the diversion dam on the Big Quiloene riv- er to Sta. 1226. Contract No'. 3,00vered the diversion dam across the Bigo beloone oompletedrwithin 160 Contract No. 1 was entered into on January 19th, 1928, days, or on June226th, 1928. The entire pipe).line, including both steel and wood, was completely in place on the 2pth day of May, 1928. The construction contract provided that after the pipe lin was placed in the trench; it had to be brought to a full pressure test, and that the water for tea ins purposes would be furnished free of charge from the Snow Creek supply line.. When the inoontrac such o lo for was ready For the test, the Water in Snow Creek was so and the old Snow Creek line n such bad condition that all the water delivered by the pipe line was needed to supply the City. The Contractor was permitted to install purposes few connections theseih d to be shuteoffdand now freque tlyuinlorderewith a to oonsery view of using them for testing pure Water Superintendent found it necessary to shut the the water supply for the City. Finally, your P Contractor off entirely. Sometime in July, the Contractor and the writer appeared before the City Council and explained that water had to be furnished and a sufficient quantity at least to keep the new Ilood pipe filled. After several conferences between the City Council, the Water Supe'rintenden the Contractor, and myself, it was decided as an emergency measure, to curtail all sprinkling in th City and limit the water supply to domestic use only, but even under this stringent curtailment, th are was not enough water left for a priming and testing of the new pipe line. In the month of Au- gust, it became necessary to supply the National Paper products Company with a greater quantity of water than was available from Snow Creek, so a temporary connection was made between City Lake and the new pipe line, and the Paper Company was in part supplied with City Lake water. Since there is a differential in pressure between City Lake and the Snow Crook line opposite City Lakei•t was im possible to test the pipe line between City Lake and Camp Talbot so long as it was necessary to sup ply the Paper Company with City Lake water. FArthermore, there was at no time sufficient water a a vailable from Snow Creek to make such a test had it been otherwise possible physically. matter of foot, the new Sipe line on Contract No. 1 could not have been tested as required until wa ter from the Big Quiloene River became available, which was in the latter part of September. It must be remembered that a continuous wood stave pipe line becomes water tight only after th tilvthe pipeesaturated under fulltpreesssure and cannotter and e,behbackfill dhuntilaafternot be that time- cinched un- Since the City of Port Townsend by reason of circumstances entirely beyond its control, was un able to furnish the Contractor with the water necessary for testing purposes, until long after the time limit had expired, the Contractor's time limit must automatically be extended for a period of time equal to the time during which he had to wait for water plus a reasonable time allowance- in which to complete the baokfilling. Since the Contractor backfilled the pipe line with due dili- gence, he is not subject to any penalty for non-vompletion as provided by the contract, because the extension of time must be granted under Paragraph•10 of the Construction Contract which is headed "PROSECUTION OF WORK" and reads in part as follows,- v It is provided however, that should the City or its authorized agent, cause a delay in the completion of the contract, the Contractor will be allowed additional time for the completion of the contraot, The amount of such additional time shall be equal to the actual delay caused by the City or its authorized agent, as determined by the Engineer, whose decision shall be binding upon all parties." CONTRACT N0. 2: was entered into on the loth day of February, 1928 and provided that the portion 25 between Station 800 (where the pipe line crosses the Little Quiloene I�ivar) to Station o Stati,ohon ulal on be completed within 155 days or on July 14th, 1928. The second section from the dam to Station Boo was to be completed in 230 days or on September 27th, 1928. When Contract No. 3 for the construction off the diversion dam was awarded, Mr. Coyne asked for a 20 day extension of time in which to complete Contract No. 2, which would make the time limit of completion August 3rd, 19289 gor the portion extending from Station 800 to 1225 and October 17th, 1928, for the upper portion from the diversion dam to Station 800. The portion between Stations 800 and 1225 is located largely across the holdings of the McCormick Lumber Co. The right of way across this property was not secured at the time the construction contract was awarded and the Me Cobmick Lumber co. did not permit the contractor to enter their premises until adBfinite agreement had been reached, which did not occur 'until March 17th, or 36 days after the contract was awarded. While technically, the Contractor then was permitted to commence operations across 'the McCormick holdings, it was actually June 14th, or 125 days after the contract was awarded, before the logging operations between pipe line Stations 1039 and 1050 were completed and the Contractor could start clearing and grubbing. Adding 125 days to the time oe completion as stipulated would set the fin- ishing date as at December 6th, 1928, provided that the Contractor had no further claim for an exte - sion of time. As a matter of fact, by reason of the delay in getting access to that portion of th right of way, the completion of the entire project was forced into the fall and winter months when shorter days and unfavorable weather slowwed up the work and entitled the Contractor to further con- sideration. Since the delays were caused neither by the Contractor nor by the City, and were on- tirely beyond the control of both parties, the time of completion of that portion of Bontract No.2 must be extended under tkhe same clause that was cited under Contract No. 1 and the Contractor is not liable for any penalties. The aeliy in securing the right of way across the McCormick holdings required a complete re- arrangement of the plan of operation of the entire contract and affected the portion between Sta- tions 324 and 800. Contract No. 2 was divided into two sections with different times of comple- tion for each because it was planned to supply the National Paper Products Co, from the Little 4uil cone River as a temporary expedient, therefore, the portion between the Little Quiloene River and Station 1225.near Camp Talbot was to be completed first. Had the contractor been permitted to en- ter the McCormick premises when the contract was let, that portion of the pipe line could have been completed within the time limit specified, and would have been testedffr.om the Little quilcane Rive . The delay in starting construction made it necessary to abandon the Little yuileeno River as a tem- porary source and the testing of the entire contract No. 2 depended upon water from the Big .Luileen River, since the pipe line is designed for pressures that exist only under continuous flow: The portion from Station 324 to 600 was completed and delivery of water from the Big :luilcene River won commenced on September 26th. By October 2nd or six days later, full delivery was made to the National Paper Products Company. The Contractor commnenced baokfilling promptly and immediate- ly after water was turned into the pipe line, and a special procedure was followed in final clinch di �i t.l c 'l 1 Minutes of Jan. 15/29 continued (communication of Bnar and Cunninghma continued) ing the pipe immediately ahead of the backfillers so that no delay would be encountered. The back - filling work was done as rapidly as the condition of the pipe line permitted and there were no de- lays caused by the contractor. No mention has been made of delays caused by forest fires and slides. During the fire season there was a period of several days when all forces were commandeered by the U.S. Forest Service and the State Fire Marshall and in one fire, over 200,feat of pipe were burnt which canned several days delay as the material for replacement had to be•manufactured and shipped from the Seattle Factory. Completion of the pipe line was further delayed because after October lot, continuous supply of wa- ter had to be delivered to the National Paper Products Company'plant. Therefore; the ordinary pro cedure followed in priming and testing new pipe lines when the water is turned out of the pipe liner whenever the work requires it, could not be followed. By the time that water was turned into the pipe line and the baokfilling was completed, a number of trees and rocks had fallen across and upon the uncovered pipe line and damaged it in 9 different places. The repair of these had to be delay ad until Sunday, December 9th, when by agreement with the National Paper Products Company, the wate was shut off. In view of the numerous actual delays caused by conditions entirely beyond the control of the Contractor or the City, the time in which to complete the work must automatieally'be extended to the time the work actually was completed and accepted, and the Contraotbr is not subject to any pen alties on Contract No. 2. Contract No. 3 covering the Diversion Dam was completed within the time limit specified and no extension of time is necessary. It must be remembered that the shortage of water in Snow Creek which made contemplated tests impractical at the time such tests should have been made, and that the delay in securing permission to ,enter certain rights of way made it necessary to operate the pipe line and deliver water during seberal months of the construction period, The operation of the pipe line so intorfered•with the construction program origiu:ally contemplated, and the delays caused by reason of this operation be- ing impossible to determine, a blanket extension of time covering the period actually bequired to do the work appears mandatory to us. Respectfully submitted, , Boar and Cunningham, By J. 0. Boor Said report was referred to the Water Committee, the Mayor and the City Attorney. REQUIS ITIONS. Requisitions were presented, rajaan disposed of as follows: For Big,•Quiloene'Water❑Supply Line - (Water Extension Construction Fund), to -wit: 5 - Size 5, I.C. Case, Flange Typv Fedoral Pressure Guages graduated to 100q. Note: These are required for permanent installation so that patrolmen can instantly check flowage conditions 'in the pipe line at several critioal points. O.K., J.O.Baar. It was moved by Councilman 4uenell and seconded by Councilman Latmners that said requisition be granted. Upon roll call, all seven councilmen vote in favor thereof and motion was deelardd carried. For Cit 11,,ter Department, to -wit: 24 he er Receipt Books. It was moved by Councilman Quenell and seconded by Councilman Peach that said requisition be granted. Upon roll call, all seven councilmen voted in the affirmative and motion was declared carried. RECESS VOTED. It was now moved by Councilman A dr ch `-and by Councilman Peach that the Council re- cess for 10 minutes. Motion carried and recess was declared. RE -CONVENED AFTER RECESS. Council re -convened at 8:30 p.m. and upon roll call there were present Mayor Gooe Bangerter, City Attorney Jos. IN. B. Scott, City Clerk Ce F. Christian and Councilmen Manson, quenell, Liimners, M111er „ Robbins, Aldrich and Peach. Further time on School Communication. Councilman Aldrich, Chairman of the Finance Committee, asked for further time to report on the application oflthe'School Board to purchase 8ity Lands. Request was granted and the matter was also referred to the Street Committee and the City Engineer,in conjunction with the Finance Commit- tee. RE: TRUCK FOR STREET DEPARTMENT. Councilman Aldrich brought ­up the matter of purchasing a truck for the Street Department and, requested a Mr. Rosiarro, who was present, to give a description and terms of sale of the truck he offers for sale. Lire Rosierre *replied that the truck he haA to offer was a Dodge, 2 ton, with a two -yard capacity body, with hoist. Price was to be $2835.00, $1000.00 cash, Bil. in one year. The matter was referred to the Finance Committee and the Street Supt., who are also to ask fo: prices from other doalers in the City. ADJOURNMENT. Upon motion of Councilman It son, seconded by Councilman Lammers, Council adjourned. Attest: N.ayo City Clerk