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This is EXHIBIT D, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Article 1 of the Agreement is supplemented to include the following agreement of the parties: D 1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. At the Owners request, the RPR will provide Parttime representation.At the Owner's request, RPR will be available an average 20 hours per week and it is anticipated that the construction duration will not exceed 14 weeks with a project closeout duration of 2 weeks after final completion of construction. Due to the part-time nature of the RPR's involvement, it is acknowledged that neither the RPR or Engineer will be on -site during all construction activities. Therefore, it is not possible for some portions of the work to be observed to determine whether they are in conformance with the Contract Documents. Engineer has advised Owner of the risks associated with limiting site visits to part-time which include the possibility of construction delays, damage to existing property and infrastructure, and non -conforming work being undetected by Engineer or RPR. Owner has acknowledged said risks and agrees that the Engineer shall not be liable for anyadditional risks or any damages incurred by the owner as a result of the part-time nature of the Engineer's site visits. B. Through RPR's observations of Contractor's work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor's work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's performing and furnishing of its work. The Engineer (including RPR) neither guarantee the performances of any contractor nor assumes responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Paragraph A1.05 of Exhibit A of the Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: General: RPR is Owner's representative at the Site, will act as directed by and under the supervision of the Owner, and will confer with Owner regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Owner and Contractor. RPR's dealings with Subcontractors shall only be through or Page 1 (Exhibit D - Resident Project Representative) EJCDC E-500 Agreement Between Owner and Engineer for Professional services. Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved.