Sewerage and Sewage Treatment

by Harold E. Babbitt

8. Commencing Work. The Contractor agrees to begin the work covered by this contract within —— days of the execution of the contract and to prosecute the same with all due diligence and to entirely complete the work within —— days.

It is understood and agreed that time is of the essence of this contract, and that a failure on the part of the Contractor to complete the work herein specified within the time specified will result in great loss and damage to said Sanitary District and that on account of the peculiar nature of such loss it is difficult, if not impossible, to accurately ascertain and definitely determine the amount thereof.

9. Liquidated Damages. It is therefore covenanted and agreed that in case the said Contractor shall fail or neglect to complete the work herein specified on or before the date hereinbefore fixed for completion, the said Contractor shall and will pay the said Sanitary District the sum of —— Dollars for each and every day the Contractor shall be in default in the time of completion of this contract.

Said sum of —— Dollars per day is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages which said Sanitary District will suffer by reason of such defaults, and not by way of a penalty.

10. Changes in Plans. The Board reserves the right to change the alignment, grade, form, length, dimensions or materials of the sewers or any of their appurtenances, whenever any condition or obstructions are met that render such changes desirable or necessary. In case the alterations thus ordered make the work less expensive to the Contractor a proper deduction shall be made from the contract prices and the Contractor shall have no claim on this account for damages or for anticipated profits on the work that may be dispensed with. In case such alterations make the work more expensive, a proper addition shall be made to the contract prices. Any deduction or addition as aforesaid shall be determined and fixed by the Engineer.

11. Extensions and Additions. In the event that any material alterations or additions are made as herein specified which in the opinion of the Engineer will require additional time for execution of all the work under this contract, then, in that case the time of completion of the work shall be extended by such a period or periods of time as may be fixed by said Engineer and his decision shall be final and binding upon both parties hereto, provided that in such case the Contractor, within four (4) days after being notified in writing of such alterations and additions, shall request in writing an extension of time, but the provisions of this paragraph shall not otherwise alter the provisions of this contract with reference to liquidated damages, and the said Contractor shall not be entitled to any damages or compensation from the said Sanitary District on account of such additional time required for the execution of the work.

12. Inspection. All materials of whatsoever kind to be used in the work shall be subject to the inspection and approval of the Engineer and shall be subject to constant inspection before acceptance. Any imperfect work that may be discovered before its final acceptance shall be corrected immediately, and any unsatisfactory materials used in the work or delivered at the site shall be rejected and removed on the requirement of the Engineer. The inspection of any work shall not relieve the Contractor of any of his obligations to perform proper and satisfactory work as herein specified, and all work which, during the progress and before the final acceptance, may become damaged from any cause, shall be removed and replaced by good and satisfactory work without extra charge therefor. The Engineer and his assistants shall have at all times free access to every part of the work and to all points where material to be used in the work is manufactured, procured or stored and shall be allowed to examine any material furnished for use in the work under this contract.

All inspection of any and all material furnished for use in work to be performed under this contract shall be made at the site of the work after the delivery of the material, provided, that, if requested by the Contractor the Engineer may at his option perform, or have performed, inspection of materials at points other than the site of the work. In any such case the Contractor shall pay the Sanitary District the extra cost of such inspection, including the necessary expenses of the inspector for the extra time expended in performing any such inspection at said other points.

13. Legal Requirements. The Contractor shall keep himself fully informed of all existing and future national and state laws and local ordinances and regulations in any manner affecting those engaged or employed in the work, or the materials used in the work, or of all such orders and degrees of bodies or tribunals having any jurisdiction or authority over the same, and shall protect and indemnify the party of the first part against any claim or liability arising from or based on the violation of such law, ordinance, regulation, order or decree, whether by himself or his employees.

14. Damages. If any damage shall be done by the Contractor or by any person or persons in his employ to the owner or occupants of any land or to any real or personal property adjoining, or in the vicinity of the work herein contracted to be done or to the property of a neighboring contractor the Engineer shall have the right to estimate the amount of said damage and to cause the Sanitary District to pay the same to the said owner, occupant, or contractor, and the amount so paid shall be deducted from the money due said Contractor under this contract. Said Contractor covenants and agrees to pay all damages for any personal injury sustained by any person growing out of any act or doing of himself or his employees that is in the nature of a legal liability, and he hereby agrees to indemnify and save the Sanitary District harmless against all suits or actions of every name and description brought against said Sanitary District, for or on account of any such injuries, or such damages received or sustained by any person or persons; and the said Contractor further agrees that so much of the money due to him under this contract, as shall be considered necessary by the Board of Trustees of said Sanitary District, may be retained by the Sanitary District until such suit or claim for damages shall have been settled, and evidence to that effect shall have been furnished to the satisfaction of said Board of Trustees.