Loading...
HomeMy WebLinkAboutReso 1950-1138 RESOLUTION NO. 1138 RESOLUTION APPROVING CONTRACT DOCUMENTS AND DIRECTING PUBLICA- • - TION OF ADVERTISEMENT FOR' BIDS • FOR BAY MANOR SEWERS THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: That those certain plans, specifications, drawings No. 50-1-L and 50-3-L, and contract documents for the construction and completion of sanitary sewers and certain house laterals in Bay Manor Subdivision, , a copy of the same being attached hereto and by this reference incorporated herein, be and the same are hereby' approved. That Herbert V. Bryant, City Clerk of the City of Chula Vista, be and he is hereby authorized and directed to publish the Advertisement for Bids, 'a copy of which is attached hereto, for the time and in the manner required by law. ADOPTED, SIGNED AND APPROVED this 20 day of June, 1950. 8 ayor of the ity of Chula Vista, California. ATTES . ' City C er 0 41"": City o Chula Vista, California. passed and adopted by the said Council of the said City of Chula Vista, California, this 20 day of June, 1950, by the follow- ' ing vote, to-wit: AYES: Councilmen Riesland, Logan, DeWolfe, Kidder. - NOES: Councilmen none. ABSENT: Councilmen none. i y C e r o t e 't o C u a Vista, California. t n NOTICE TO CONTRACTORS INVITING BIDS NOTICE IS HEREBY GIVEN, that the City of Chula Vista, State of California, hereinafter referred to as the "Owner" will receive up to, but not later than 7:00 o'clock P.M. , Tuesday, July 11th, 1950, sealed bids for the award of a con- tract to construct and complete ready for u'se Sanitary Sewers gemMr own hegimmP in Bay Manor Subdivision, located in the City of Chula Vista, California, to be installed in a portion of nJ" Street, "J" Esplanade, East Manor Drive, west Manor Drive, "I" Esplanade, and "1" Street, accord- ing to Drawings Number 50-1-L, and 50-3-L. Such bids shall be received in the office of the Administrative Officer of the City of Chula Vista or the City Engineer of the City of Chula Vista at the City Hall in the City of Chula Vista, California,' and shall be opened and publicly read aloud at the above-stated time in the Council Chambers of the City of Chula Vista in said City Hall. Each 'bid,must conform and be, re`sponsive to this invitation, the said drawings,, the plans, specifications, the agreement, and all the other documents comprising the pertinent Contract Documents. Copies .of, the Contract Documents are now =on file and open to public inspection in the offices of the City Engineer of said City at the above address, and may be obtained by depositing $10.00 for each set. This deposit will be refunded if the set or sets of Contract Documents, delivered are .returned in good condition with- in 10 days after the 'bid opening. Each bid shall be accompanied by a certified or cashier's check payable to the Owner or a satisfactory bid bond in favor of the Owner executed by the Bidder as principal and a satisfactory / -1- surety, company as surety, in an amount' not less than ten (10%) per cent of the maximum amount of the bid. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it be awarded to him in conformity with the Contract Documents and shall provide the Surety Bond or bonds . as specified therein within five . (5) days after notification of the award of the Contr'act to the bidder. The Owner reserves the privilege of rejecting any and -all bids 'for any reason whatever) or for no reason whatever, or to waive any irregularities or informalities in any bid or in the bidding. ' The Owner has determined the prevailing,rate of per diem - wages in the locality' in which this work is to be performed for each craft or- type° of workman needed to execute the contract, which will be awarded to ' he 'successful bidder, to be as follows: Trade or Occupation ' $ Hour Day Hourly Wage Rate Laborers, General ' 13.20 1.65 Cribbers or Shoters 16.00 2.00 ` Asphalt raker or ironer 14.$0 • l.$5 Flagman • 13.20 _ 1.65 Guard. and/or watchman 13.20 1.65 Sewer pipe, layer (excluding caulker) 15.60 1.95 Sewer pipe caulker 14.64 , 1.63 Air Compressor Operator , 1.95 Asphalt spreading, Machie Operator 17.60. 2.20.. Concrete Mixer Operator-Skip type 16.64 2.0$ pavement Breaker Operator 17.20 2.15 , - pump Operator ' 15.60 1.95 Road Oil Mixing Machine Operator 1$.00 2.25 Roller Operator 17.20 2.15 Skip Loader Operator-wheel Type 16.64 2.0$ Tractor Operator ' 17.60 2.20 Trenching Machine Operator 18.24 - 2.2$ True Drivers, Less than 4 Yards 13._84 • 1.73 Foreman: All foreman not herein separately classified shall be paid not less than $1.40 per day more than the journeyman rate for the craft involved. Apprentices: May be employed in conformity with Section 1777.5 of the California Labor •Code. Overtime: . Not less than one and one-half (1i) times the above , . -2- - • prevaling rates per diem wages shall be paid for overtime work performed on Sundays and,legal Holidays as defined in Section 10 of the California political' Code and Tor work performed in excess of eight (8) .hours •in- any one calendar day where such overtime work is permitted by law. It shall' be mandatory upon the Contractor to whom the Con- tract is awarded, and upon 'any sub.contragtor under him,. to pay not less than the 'said specified rates to all laborers, workmen and mechanics employed by them in the execution of the Contract. No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening of bids. . DATED: June 20th, 1950. • A+ , inistrative 0 cer o t e City of Chula Vista, California. • -3- • CITY OF ' CHULA' VISTA DRAWING NO. 50 .r-L voLe PROPOSAL OR BID Date: TO THE HONORABLE CITY COUNCIL OF THE CITY OF CHULA VISTA OF THE COUNTY OF SAN DIEGO OF THE STATE OF CALIFORNIA In compliance with the Advertisement for Bids, a copy of which is hereto attached, ' the undersigned, having carefully exaiined the location of the proposed work, and the Plans and Specifications therefor, prepared by the City Engineer of the City of Chula Vista, do/does hereby agree to perform and to construct and complete ready for use ,Sanitary Sewers and certain house laterals in Bay Manor .Subdivision located in the City of Chula Vista, 'and to be installed in a portion of "J" Street, "J" Esplanade, East Manor Drive, West Manor Drive, "P Esplanade, and "I" Street as described in the said Advertisement for Bids for the said City of Chula Vista, drawings number SO-i-L and 54-3-L on file in the office of the City Engineer of the said City of Chula Vistas and to furnish all labor, materials and equipment, all in strict accordance with the said Plans and Specifications therefor, to the satisfaction and under the supervision of.the said City Engineer, at the following prices, which include the California State Sales Tax, Bonds, Insurance and all other costs incidental to this contracts-- Item No. 1. For eight (8) inch standard strength vitrified clsy pipe sewer (ap- proximately 1463 linear feet), complete in place, including all necessary Y branches, . sewer joint compound for pipe joints and all labor and material necessary to excavate the trench, place the pipe, backfill the trench, restore the street surface, and all other work necessary to give a finished result, the sum of words (S;; ) per linear foot. Item No. 1 Total Item No. 20 For eight (8) inch extra-strength vitrified clay pipe sewer (approxi- mately 935 linear feet), complete in place, including all necessary Y branches, sewer joint compound for pipe joints and all labor and material necessary to excavate the trench, place the pipe, backfill the trench, restore the street surface, and all other • work neet=ary to give a finishsd result, the sum of 7 ) per linear foot. •alweog.e. *.'7176F(17 .** ($ Trian797 Item Noo 2 Total Item Vb. 3. For six (6) inch standard strength vitrified clay sewer (approxie mately 240 linear feet), complete in place, including all necessary ! branches, sewer joint compound for pipe joints, and all labor and material necessary to excavate the trench, place the pipe, backfill the trench, restore the Street surface, and all other work necessary to give a finished result, the sum of ) per linear foot. Item No. 3 Total Item No. I&. For six (6) inch laterals of standard strength vitrified clay pipe sewer, a total of approximately linear feet, complete in place including -all necessary sewer joint compound for pipe joints and all labor and material necessary . to excavate the treneh, place the pipe, backfill the trench, restore the Street surface, and all other work necessary to give a finiehed result, the sum of ) per linear foot. ___---- TTIgures) Item No. 4 Total Item No. 5. For twelve (12) Precast Reinforced Cement Concrete Sewer structures designated as Standard ::!anhole on the plans, including 8" vitrified clay pipe stup ends, complete in place, including all excavation and backfill, restoring of street surface; also all material and work incidental thereto, the sum of ($ ) each. ) Item No, 5 Total GRAND TOTAL OF ITEMS NO.,11 41, ad 5 The undersigned further agrees that if he is notified of the acceptance of this proposal within thirty (30) days from the time set for the opening of the bids he will execute and deliver to you within five (5) days after having received written notifica- tion, a contract as,called for in the notice to Contractors and to complete the contract in sixty (60) calendar days from and after date of executing the contracto The undersigned further agree p that the enclosed certified or cashierls check or - - Bidder31 Bond payable to the City Clerk of ths Ci6y of Chula Vista, in thesamount of ten percent (10%) of the total bid or bids which the undersigned has submitted shall be forfeited in ease he fails to execute and deliver the contract as called for. Any alteration or addition to form of proposal, which qualifies the bids will invalidate same. Contractors License No. issued on has not been revoked. Signed this • day of , ■••■•■•■•■•••■■•••••••****. Taai*ess Or—real ephone Number. -- ,• • cib 3 • o 44 BOND FOR MATERIAL AND LABOR KNO1 ALL MEN BY THESE PRESENTS, That 1/We the contractor in the'contract hereto annexed, as principal, and AS SURETY, are held and firmly bound into the CITY OF CHULA VISTA, a municipal corpo' ration, located in San Diego County, California, in the sum of , ., Dollars '03 ), lawful money of the' United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated The condition of the above obligations is that if said principal as contractor In the contract hereto annexed, or his or its subcontractor,'fails to pay for any material, provisions, provender, or other supplies, or teams, used in, upon, for or about the per- formance of the work contracted to be done by said •contractor,. namely to.furnish all tools, equipment, apparatus, facilities, transportation, labor, and material:, other than material, if any, agreed to be furnished by the City, necessary to perform and complete, and to perform and complete in a good and workmanlike manner, the worktofeeee Constructing sanitary sewers to be installed in a portion of "J" Atreet '"J" Street Esplanade, East Manor Drive, West Manor Drive, "I" Esplanade,.and Street, as described in the said Advertisement'for Bads forti•the 643i:$s'City of''??'"• Chula Vista, drawings number 50-1-L and- 0-3-1, on file in the, Office of tha City Engineer of the said City of Chula Vista, in strict conformity with the terms .and conditions set forth in the caaitract hereto•an- nexed, or for any work or labor done thereon of any kind, said surety will pay the_same in an amount not exceeding the sum hereinabove set forth, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the courts. This bond shall inure to the benefit of any and all persons, companies, and corporations en- titled to file claims under and by virtue of•the provisions of an act of the, Legislar tore of the State of California entitled, "An Act to secure the payment of the claims of persons employed by contractors upon public works, and the claims of' persons who furnish materials, supplies, teams, implements or machinery used or consumed by such - contractors in the performance of such works, and prescribing the duties •of,certaife public officers with respect thereto", approved May 10th, 1919, as amended; and the said surety, for value received, hereby stipulates and agrees that no chainge, extension of time, alteration or addition to the terms of the contract or to the work to be per- formed thereunder or the specifications accompanying the same shall in/any wise affect its obligations on this bond, and it does hereby waive notice of any such changes, ex- tension of time, alteration or addition to the terms of the contract or. to the work'or to the specifications. - ~ • . F .^k • • • Contractor. Surety.. • Approved as to forms . Ci y1 torneyo BOND DF FAITHFUL FEvy.,,nR)!AFG XNOW ALL MEN BY THESE PRESENTS, That I/We the contractor in the contract hereto a inexed, as principal, and AS SURETY!, aro held and firmly bound unto the CITY OF CHULA VISTA, a municipal corpo- ration, locai,ed in San Diego County, California? in the sum of __m___ _.. ____ Dollars ($�r_________ ), lawful money of the United States, for which payment, well and truly to be made, We bind ourselves; jointly and severally, firmly by these presents. Signed, sealed and dated The condition of the above obligation is that if said principal as contractor in the contract hereto annexed shall faithfully perform each and all of the conditions of said contract to be performed by him, and shall furnish all tools, equipment, ap.k paratus,. facilities, transportation, labor, and material, other than material, if any, agreed to be fur hished by the District, necessary to perform and complete, and to per- form and complete in a good and workmanlike manner, the work of Constructing sanitary sewers to be installed in a portion of "J" Street, "tr Street Esplanade, East Pianor Drive, Vest Manor 'Drive, "IY1 Esplanade, and "I" Street, as described in the said Advertisement for Bids for the said City of Chula Vista, drawings number 50-i°°L and 506-3-L on file in the office of the City Engineer of the said City of Chula Vista, in strict conformity with the terms and conditions set forth in the contract hereto annexed, and shall pay or cause to be paid all persons who perform labor, for, or fur- nish materials to, said contractor', or to any sub-contractor, in the execution of said contract, then this obligation shall be null and void--otherwise to remain in full force and effect; and the said surety; for value received, hereby stipulates and agrees that no change, -extension of tie, alteration or addition to the terms-of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the con- tract or to the work or to the specifications. _ . Contractor. _ Approved as to form: City Attorney. ...W. _ . i ' rt tzl.XfiEEfflN;, • " ' "+ THIS AGREi LENT, made and eh erect into this day of .. ___� w.., 19 , by and between the CITY OF CHULA VISTA, State of California, hereinafter called the OWNER, and hereinafter called the CONTRACTOR: the City Council is hereinafter called the COUNCIL. WITNESSETH FIRST: That the CONTRACTOR, in consideration of the promises of the OWNER herein- after set forth, hereby agrees to furnish all tools, equipment, labor and material neces- sary to perform and complete and within 60 days, from and after the date of execution of this contract, to perform and complete in a good and workmanlike manner, the work of constructing and erecting complete and ready for use: SANITARY S IMRS in a portion of "J" Street, S°J:= Esplanade, East Manor Drive, West Manor Drive, "I" Esplanade;. and "I"r Street as described in the said Advertisement for Bids for the said City of Chula Vista, drawings number 50-1-1, and 50-3-.L on file in the office of the City Engineer of the` said City of Chula Vista, according to the plans, profiles and specifications, prepared by the City Engineer, which Plans, Profiles and Specifications are hereby re- ferred to and made a part of this contract. SECOND: That it is agreed that said tools, eqnipment, labor and material shall be furnished, and said work performed and completed as required in said plans and spe- cifications under the diredticn and supervision and subject to the approval of the Engineer of the Owner. THIRD: That it is further agreed that in the event that said Contractor fails to furnis i tools, equipment, labor and materials in the necessary quantity or quality, or fails to prosecute the work contemplated by this contract in a diligent and workman- like manner, the Engineer may so certify to the Owner, and if thereafter said Contrac- tor, for a period- of five days after receipt of written demand from the Owner so to do, fails to furnish tools, equipment, labor and materials in the necessary quantity and quality, and to prosecute said work in a diligent and workmanlike manner, or after com- mencing so to do, within said five days or at any time thereafter fails to continue so to do, then the Owner may exclude the Contractor from the premises and take possession thereof, together with all material and equipment thereon, and may complete the work contemplated by this contract, either by furnishing the tools, equipment, labor or ma- terials necessary therefor, or by letting the unfinished portion of the said work to the lowest responsible bidder therefor, or by a combination of such methods. In any event, the procuring of the completion of said work shall be a charge against the Con- tractor and may be deducted from any money due or becoming due from the Owner, and if the sums due under the contract be insufficient, said Contractor shall pay to said Owner the amount of said charge or the portion thereof unsatisfied. If the Contractor uses any material and/or supplies and/or any tools or equipment belonging to the City of Chula Vista or any department thereof, other than that pro- vided for in said specifications, the reasonable value of such materials and/or sup- plies and/or the rental values of said tools and/or equipment while in the possession cr said Contractor shall be paid to said Owner by said Contractor, and may be deducted from any sure or sums due or to become due to said Contractor under this contract. The value of such material and/or supplies and the amount of rental of such tools and/or equipment and all damage thereto as aforesaid shall be determined by the Engineer, chose written decision shall be final Fourth: That this contract shall not be assigned without the consent of the Owner first s V-0, such consent to be either in writing duly authorized or by resolution en- tered on the minutes of the City Council of Chula Vista, California. Fifth: That the Contractor agrees to save, keep and bear harmless the Owner and all =gm and agents thereof from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or or personal injury received by reason of or in the course of performing said work, which may he e occasioned by aay negligent act or omission to act which amounts ,f'o negligence upon the part of the Contractor or any of employees, or any subcontractor per- forming any of the work contemplated by this contract, or by reason of any infringe- ment or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in or about the said work of any article or material supplied or installed under this contract; and it is further agreed that the owner shall not be liable or responsible for any accident, loss or damage happening to the works referred to in this contract prior to the completion and acceptance of the same. SIXTH: That it is further agreed that no laborer, workman or mechanic in the employ or under the direction or control of the Contractor or any subcontractor doing or contracting to do any part of the work contemplated by this contract shall be re- quired or permitted to labor more than eight hours in any One calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; and it is further agreed that the said Contractor shall forfeit to the City of Chula Vista the sum of Ten Dollars (10.00) for each laborer, workman or mechanic employed by or by any subcontractor under in the execution of this contract for each and every Calendar day during which such laborer, workman or mechanic is re- quired or permitted to labor more than eight hours in violation of the provisions of Sections 1810 to 1817, inclusive, of the Labor Code of California. SEVENTH: It is agreed that the Contractor or subcontractor doing or contracting to do ariy part of the work contemplated by this contract shall not knowingly employ on said work any alien except in cases of extraordinary emergency caused by fire, flood, or danger to life or property, and it is further agreed that the Contractor shall for- feit to the City of Chula Vista the sum of Ten Dollars (410.00) for each alien employed by or by any subcontractor under in the execution of this contract for each and every calendar day or portion dieTginiuring which said alien is knowingly employed or caused or .allowed to be employed. The Contractor further agrees to be bound by and to comply with all of the other provisions of Sections 1850 to 1854, in- clusive, of the Labor Code of California. EIGHTH: The following rates of per diem wages have been ascertained by the Council to be the general prevailing rates of per diem wages for the work contemplated by this contract. Pursuant to the provisions of Sections 1770 to 1777, inclusive, of the Labor Code of the State of California, the City Council has ascertained the general prevailing rate -of per diem wages, and the prevailing rate for Saturday, Sunday, Legal Holiday and overtime work, for each craft or type of workmen needed to execute the proposed contract, and has adopted a wage schedule, and it will be required that not less than said rates be paid to all such work. The following schedule contains only 'lose items of the adopted and amended wage scale which are applicable to the sewer improvement work; those which are not so ap- plicable have been omitted. FORM= - All formen not herein separately classified shall be paid not less than $1.40 per day more than the journeyman rate for the craft. invelved. APPRENTICES •- May be employed in conformity with Seedlion 1777.5 of the California Labor Code. Title of Position . Hourly Wage Rate Legal holidays, including Sundays sad Saturdays where crafts work a five--day week, and other overtime when permitted by law, to be paid for at the rate of time and one--half. Trade or Occupation 8 hr. day Hrly. rate Laborers, General $ 13.20 $ 1.65 Asphalt raker or ironer 114.80 1.85 Cribbers or Shorers 16.00 2,00 Flagman 13.20 1.65 Guard and/or Watchman. 13.20 1.65 Sewer pipe layer (excluding caulker) 15.60 1.95 Sewer pipe caulker 114.614 1.83 Air Compressor Operator 15.60 71.95 Asphalt spreading, Machine Operator 17.60 2.20 Concrete Mixer Operator, Skip type 16.614 2.08 Trade- or Occupation 88 hr. day Hely. •rate Pavement Breaker Operator $ 17.20 $ 2.25 Pump Operator 15.60 • 1.95 Road Oil Mixing Machine Operator 18.00 2.25 Roller Operator 17.20 2.15 Skip Loader Operator - Wheel Type 16.64 2.08 Tractor Operator 17.60 2.20 Trenching Machine Operator 18.211 2.28 Truck Drivers, Less than 4 Yards 13.81; 1.73 NINTH: The Contractor further agrees to comply with Section 1735 of the Labor Code of California, relating to no "Discrimination in employment", and with all other provisions of the Labor Code of California applicable to Public, Works. Section 1735 reads as follows: "No discrimination shall be made in the employment or persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is sub- ject to all the penalties imposed for a violation of this chapter." TENTH: It is agreed that, in accordance with Chapter 4, Division 5, Title 1, GoverISEE Code of California, only such uninanufactured articles, materials, and sup- plies as have been produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States, substantially all from articles, materials, and supplies mined, produced, or so manufactured, as the case may be, in the United States, shall be used in the performance of this contract. The references to the United- States herein shall be construed to mean the United States of America and include any territory or insular possession thereof. ELEVENTH: That it is further agreed that the Contractor has filed herewith a good and sufficient bond in the sum of not less than one-half of the amount payable by the terms of this contract to secure the claims of materialmen, mechanics, and laborers employed by him in the performance of this contract, and any and all amendments thereof, and a bond in an amount of not less than one-half of the amount payable by the terms of this contract for the faithful performance of the terms and conditions of this contract, and any and all amendments thereof; and said Contractor agrees that should the sureties on'said bonds, or either of them become insufficient, said Contractor will renew said bond or bonds with good and sufficient sureties within ten days after receiving notice from the owner that said sureties in its opinion are insufficient, and for a failure so to do the Owner may declare this contract forfeited. TWELFTH: That the owner agrees, in consideration of the performance of this con- tract, to pay to said Contractor, and the Contractor agrees to accept in full satisfac- tion for the work done hereunder, the following amount: The Owner agrees to pay and the Contractor agrees to accept in full payment for the work to be done at the following unit prices to wit: Item No 1. For eight (8) inch standard strength vitrified clay pipe sewer (ap- proximately 1463 linear feet), complete in place, including all necessary Y branches, sewer joint compound for pipe joints and all labor and material necessary to excavate the trench, place the pipe, backfill the trench, restore the street surface, and all other work necessary to give a finished result, the sum of �... per linear foot. Item No. 2. For eight (8) inch extra-strength vitrified clay pipe sewer approxi- mately 934 linear feet), complete in place, including all necessary Y branches, sewer joint compound for pipe joints and all labor and material necessary to excavate the trench, place the pipe, backfill the trench, restore the street surface, and all other work necessary to give a finished result, the sum of per linear foot. Item No. 3. For six (6) inch standard strength vitrified clay sewer (approximately 210 linear feet), complete in place, including all necessary Y branches, sewer joint compound for pipe joints, and all labor and material necessary to excavate the trench, place the pipe, backfill the trench, restore the street surface, and all other work necessary to give a finished result, the sum of per linear foot. Ite�"No. ,Li,; For six (6) inch laterals of standard strength vitrif ied clek pipe seweII, a total of approximately linear feet, complete in place including all necessary sewer joint compound for pipe joints and all labor and material neces- sary to excavate the trench, place the pipe, backfill the trench, restore the street surface; and all other%work necessary to give a finished result, the sum of per linear foot. Item No. 5. For twelve (12) Precast Reinforced Cement Concrete Sewer Structures designated as Standard Manhole on the plans, including 8" vitrified clay pipe stub ends, complete in place, including all excavation and backfill, restoring of street surface; also all material and work incidental thereto, the sum of eac . On or about the first day of the month next following the commencement of the work, there shall be paid said Contractor a sum equal to ninety per cent (90%) of' the value of the work completed since the commencement of the work, and thereafter on or about the first day of each successive month as the work progresses similar payments shall be made equal to ninety per cent (90%) of the value of the work completed since the commencement of the work, less all previous payments. The final payment, if unencum- bered, or any part thereof unencumbered, shall be made thirty-five days (35) after the acceptance of the work by the said Owner. Said payments shall be made by demands drawn in the manner required by law, accompanied by a certificate signed by the Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payment on the contract price shall not be considered as an acceptance of any part of the work. It is further agreed by and between the parties hereto, including the surety or sureties on the bones attached to this contract, that in the event it is deemed neces- sary to extend the time ef eempletion of the work contemplated to be done under this contract, said extension may be granted by the Council, and shall in no way affect the validity of this contract or release the surety or sureties on the bonds attached hereto. That it is agreed that if any additional work shall be done under the terms of this contract by order of the Engineer, for which a unit price has been bid as hereinbefore set forth, the Owner shall pay the Contractor an additional amount in accordance with the terms of said unit price bid, as set forth above; and if any Work be done under the terms of this contract for which a unit price has been bid shall be omitted by order of the Engineer, then the sum or saris to be paid said Contractor under the terms of this contract shall be reduced because of said omissions in an amount to be determined by multiplying the unit price bid for said work, as set forth above by the number of units of said work omitted. THIRTEENTH: Time is of the essence of this contract and if the Contractor fails to comp ete t e work required by this contract within the time herein fixed, the Con- tractor shall become liable to, and shall pay the Owner all costs of additional super- vision and/or inspection as shall be caused by the failure of the Contractor to com- plete the work within the time herein specified. IN WITNESS WHEREOF, the said Owner has executed these presents by causing them to be subscribed by the Mayor of Chula Vista and the seal of said City to be affixed and attested by the Clerk thereof, said Contractor has executed these presents the day and year first above written. CITY OF C!UULA VISTA, CALIFORNIA By ATTEST: Mayor o' 'ty o Ch - Vista I4ERBFRT V. BRYANT, City Clerk By Con rac or.