Renovation of a water / sewer project in Missouri City, Texas. Completed plans call for the renovation of a water / sewer project.

Emergency Generator at Water Plant No. 3 LIQUIDATED DAMAGES FOR DELAYS. This requirement supersedes any other statement in specifications as to liquidated damages for delays. The CONTRACTOR agrees that Time is of the essence of this Contract. The CONTRACTOR and the OWNER understand and agree that a breach of this Contract as to damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the work or any portion thereof shall remain uncompleted, after the expiration of the Contract Time set in the Agreement, or as extended under the foregoing provisions for Extension of Time, the OWNER may withhold permanently from the CONTRACTOR'S total compensation 500 Dollars ($500.00). The agreement as to liquidated damages at paragraph 3.2 of the Agreement constitutes only an agreement by the OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will sustain in any event by reason of the CONTRACTOR'S failure to complete the work within the specified time. Should the OWNER suffer damage over and above the minimum amount specified, by reason of the CONTRACTOR'S failures to begin the work when ordered, carry it forward uninterruptedly after beginning, or complete it within the specified time in strict accordance with the Drawings and Specifications, the OWNER may recover such additional amount. The OWNER will have the right to deduct and withhold the amount of any and all such damages, whether it be the minimum amount stipulated above or otherwise, from any monies owing by the OWNER to said CONTRACTOR, or the owner may recover such amount from the CONTRACTOR or the Sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor deemed to have made an election by proceeding to enforce any one remedy