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<br /> <br />Page 1 <br />(Exhibit D - Resident Project Representative) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> <br />This is EXHIBIT D, consisting of pages, referred to <br />in and part of the Agreement between Owner and <br />Engineer for Professional Services dated , . <br /> <br />[Note to User: Delete this Exhibit D if Engineer will not be providing Resident Project Representative <br />Services under Paragraph A1.05.A.2] <br /> <br />Duties, Responsibilities, and Limitations of Authority of Resident Project Representative <br /> <br />Article 1 of the Agreement is supplemented to include the following agreement of the parties: <br /> <br />D1.01 Resident Project Representative <br /> <br />C. Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer in observing <br />progress and quality of the Work. The RPR may provide full time representation or may provide <br />representation to a lesser degree. <br />D. Through RPR's observations of Contractor’s work in progress and field checks of materials and <br />equipment, Engineer shall endeavor to provide further protection for Owner against defects and <br />deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result <br />of such RPR observations of Contractor’s work in progress, supervise, direct, or have control over <br />Contractor’s Work, nor shall Engineer (including the RPR) have authority over or responsibility <br />for the means, methods, techniques, sequences, or procedures of construction selected or used by <br />any contractor, for security or safety at the Site, for safety precautions and programs incident to <br />any contractor’s work in progress, or for any failure of a contractor to comply with Laws and <br />Regulations applicable to such contractor’s performing and furnishing of its work. The Engineer <br />(including RPR) neither guarantee the performances of any contractor nor assumes responsibility <br />for Contractor’s failure to furnish and perform the Work in accordance with the Contract <br />Documents. In addition, the specific terms set forth in Paragraph A1.05 of Exhibit A of the <br />Agreement are applicable. <br />E. to such contractor’s performing and furnishing of its work. The Engineer (including RPR) neither <br />guarantee the performances of any contractor nor assumes responsibility for Contractor’s failure to <br />furnish and perform the Work in accordance with the Contract Documents. In addition, the <br />specific terms set forth in Paragraph A1.05 of Exhibit A of the Agreement are applicable. <br />F. in accordance with the Contract Documents. In addition, the specific terms set forth in Paragraph <br />A1.05 of Exhibit A of the Agreement are applicable. <br />G. The duties and responsibilities of the RPR are as follows: <br />1. General: RPR is Engineer’s representative at the Site, will act as directed by and under the <br />supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s <br />dealings in matters pertaining to the Contractor’s work in progress shall in general be with <br />Engineer and Contractor. RPR’s dealings with Subcontractors shall only be through or <br />with the full knowledge and approval of Contractor. RPR shall generally communicate <br />with Owner only with the knowledge of and under the direction of Engineer.