Professional Services Agreement - Lawson Fisher - East Race Walkway Assessment

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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 December 21, 2017. [Note to User: Delete this Exhibit D if Engineer ivill not be providing Resident Project Representative Services under Paragraph A].05.A.2] 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: D1.01 Resicent Pi-oject Representative A. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and duality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. B. Through RPR's observations of Contractor's work in progress and field checks of materials and equipment, Engineer shall endeavor to provide fiirther 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 fiurnishing of its work. The Engineer (including RPR) neither guarantee the performances of any contractor nor assumes responsibility for Contractor's failure to ftimish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Paragraph A 1.05 of Exhibit A of the Agreement are applicable. C. The dirties and responsibilities of the RPR are as follows: 1. General.- RPR is Engineer's representative at the Site, will act as directed by and Linder the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. Page r (Exhibit D - Resident Project Representative) EJCDC E-500 Agreement Behveen Owner and Engineer for Professional services. Copyright O' 2008 National Society of Professional Engineers for EJCDC. All riglits reserved.