Professional Services Agreement - Lochmueller Group Inc - Construction Inspection Services for Howard Park Redevelopment

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L. Project Res onsibilit The Resident Project Representative shall assist City Staff with documentation of pay quantities and estimates, and the maintenance of appropriate records related to the construction of this project. M. Work Schedule and Sus ension: The Engineer's crew shall be required to regulate their work week to conform to the contractor's hours in accordance with the directions of the Owner's Project Coordinator and project budget. M Contract Administration: The Engineer shall administer the contract in accordance with the Owner's procedures. O. Utility Relocation Ins ection: Resident Project Representative will assist City Staff with monitor the relocation of utilities within the project limits to verify that conflicts between the project construction and utilities are minimal. P, Conflict oflflterest: The Engineer acknowledges and agrees that the Engineer, a firm associated with the Engineer or an individual associated with the Engineer cannot accept or prepare falsework drawings and shop drawings for the contractor, material supplier of the contractor or for any of the contractor's subcontractors on this project. For purposes of this section a firm is associated with the Engineer if the firm and Engineer have a common director, common officer or a common owner. For purposes of this section an individual is associated with the Engineer if the individual is an employee of the Engineer or an employee of a firm associated with the Engineer. Q. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. R. Limitation orRes onsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. S. Means and Methods: The Engineer is not responsible for advising or assuming control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. T. Safely: The Engineer is not responsible for advising or assuming control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. Page (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.