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Construction Contract - LTCP WWTP Improvements Proj No. 121-071 – Bowen Engineering Corp.
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Construction Contract - LTCP WWTP Improvements Proj No. 121-071 – Bowen Engineering Corp.
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4/14/2025 8:56:23 AM
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12/12/2023 1:42:18 PM
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Board of Public Works
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Contracts
Document Date
12/12/2023
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accordance with the Contract Documents. Engineer will not be required to make exhaustive or <br />continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts <br />will be directed toward providing for Owner a greater degree of confidence that the completed <br />Work will conform to the Contract Documents. On the basis of such visits and observations, <br />Engineer will keep Owner informed of the progress of the Work and will endeavor to guard <br />Owner against defective Work. <br />B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and <br />responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result <br />of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, <br />control, or have authority over or be responsible for Contractor's means, methods, techniques, <br />sequences, or procedures of construction, or the safety precautions and programs incident thereto, <br />or for any failure of Contractor to comply with Laws and Regulations applicable to the <br />performance of the Work. <br />9.03 Project Representative <br />A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist <br />Engineer in providing more extensive observation of the Work. The authority and responsibilities <br />of any such Resident Project Representative and assistants will be as provided in SC-0.03.13 of <br />the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided <br />in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the <br />Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and <br />limitations thereon of such other individual or entity will be as provided in the Supplementary <br />Conditions. <br />9.04 Authorized Variations in Work <br />A. Engineer may authorize minor variations in the Work from the requirements of the Contract <br />Documents which do not involve an adjustment in the Contract Price or the Contract Times and <br />are compatible with the design concept of the completed Project as a functioning whole as <br />indicated by the Contract Documents. These may be accomplished by a Field Order and will be <br />binding on Owner and also on Contractor, who shall perform the Work involved promptly. If <br />Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or <br />Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or <br />extent, if any, of any such adjustment, a Claim may be made therefor as provided in <br />Paragraph 10.05. <br />9.05 Rejecting Defective Work <br />A. Engineer will have authority to reject Work which Engineer believes to be defective, or that <br />Engineer believes will not produce a completed Project that conforms to the Contract Documents <br />or that will prejudice the integrity of the design concept of the completed Project as a functioning <br />whole as indicated by the Contract Documents. Engineer will also have authority to require <br />special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the <br />Work is fabricated, installed, or completed. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 38 of 62 <br />
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