10.
C-1.10
9.2 License and/or royalty fees for the use of a process used in wastewater plant
design which is authorized by the Owner for the project, must be reasonable, and paid to
the holder of the patent, or his authorized licensee.
9.3 If the Contractor uses any design, device or materials in the construction methods
for the project covered by patents or copyrights, he shall provide for such use by suitable
agreement with the owner of such patented or copyrighted design, device or material. It
is mutually agreed and understood, that, without exception, the contract prices shall
include all royalties or costs arising from the use of such design, device or materials, in
any way involved in the work. The Contractor and/or his sureties shall indemnify and
save harmless the Owner of the project from any and all claims for infringement by
reason of the use of such patented or copyrighted design, device or materials or any
trademark or copyright in connection with work agreed to be performed under this
contract, and shall indemnify the Owner for any cost, expense or damage which it may be
obliged to pay by reason of such infringement at any time during the construction of the
work or after completion of the work.
Surveys. Surveys of land, property and construction shall be as follows:
10.1. The Owner will provide all land surveys and will establish and locate all property
lines relating to the project.
10.2. For structures, the Engineer will establish and stake out one or more base lines as
needed and will establish bench marks in and around the project site for the use of the
Contractor and for the Engineer's own reference in checking the work in progress. For
structures such as pipelines, the Engineer will establish the location of the pipe, manholes
and other appurtenances, and will establish bench marks along the route of the pipeline at
intervals for the using of the Contractor and for his own reference in checking the pipe
and manhole inverts and other elevations throughout the project. The Contractor shall
utilize the lines and bench marks established by the Engineer to set up whatever specific
detail controls he may need for establishing location, elevation lines and grades of all
structures. All this work is subject to checking, approval, and continuous surveillance by
the Engineer to avoid error. The Contractor shall provide the Engineer with a qualified
man or men to assist in this checking as needed and on request of the Engineer.
10.3. For construction other than pipelines and appurtenances in roadways and cross
country, the Contractor shall be responsible for the location and setting lines and grades.
The Contractor shall establish the location for pump station and wastewater treatment
facility structures, associated yard piping including electrical conduits, internal piping
and all equipment. Base lines and benchmarks for setting of the lines and grades for the
above shall be provided by the Engineer.
10.4 Protection of stakes. The Contractor shall protect and preserve all of the
established baseline stakes, bench marks, or other controls placed by the Engineer. Any
of these items destroyed or lost through fault of the Contractor will be replaced by the
Engineer at the Contractor's expense.
