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This is EXHIBIT D, consisting of 5 pages, referred <br /> to in and part of Amendment No. 4 to the <br /> Agreement between Owner and Engineer for <br /> Professional Services dated August 2018. <br /> Duties, Responsibilities,and Limitations of Authority of Resident Project Representative <br /> Article 1 of the Agreement is supplemented to include the following agreement of the parties: <br /> ARTICLE 1 -SERVICES OF ENGINEER <br /> D1.01 Resident Project Representative <br /> A. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in <br /> observing progress and quality of the Work. The RPR may provide full time representation or <br /> may provide representation to a lesser degree. RPR is Engineer's representative at the Site, <br /> will act as directed by and under the supervision of Engineer, and will confer with Engineer <br /> regarding RPR's actions. <br /> B. Through RPR's observations of the Work, including field checks of materials and installed <br /> equipment, Engineer shall endeavor to provide further protection for Owner against defects <br /> and deficiencies in the Work. However, Engineer shall not, as a result of such RPR <br /> observations of the Work,supervise, direct, or have control over the Work, nor shall Engineer <br /> (including the RPR) have authority over or responsibility for the means, methods,techniques, <br /> sequences, or procedures of construction selected or used by any Constructor,for security or <br /> safety at the Site, for safety precautions and programs incident to the Work or any <br /> Constructor's work in progress, for the coordination of the Constructors' work or schedules, <br /> or for any failure of any Constructor to comply with Laws and Regulations applicable to the <br /> performing and furnishing of its work. The Engineer (including RPR) neither guarantees the <br /> performances of any Constructor nor assumes responsibility for any Constructor's failure to <br /> furnish and perform the Work, or any portion of the Work, in accordance with the <br /> Construction Contract Documents. In addition, the specific terms set forth in Exhibit A, <br /> Paragraph A1.05,of this Agreement are applicable. <br /> C. The duties and responsibilities of the RPR are as follows: <br /> 1. General: RPR's dealings in matters pertaining to the Work in general shall 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. <br /> 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample <br /> submittals, schedule of values, and other schedules prepared by Contractor and consult <br /> with Engineer concerning acceptability of such schedules. <br /> 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction <br /> conferences, progress meetings, job conferences, and other Project-related meetings <br /> Exhibit D—Duties,Responsibilities,and Limitations of Authority of Resident Project Representative <br /> EJCDC®E-500,Agreement Between Owner and Engineer for Professional Services. <br /> Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, <br /> and American Society of Civil Engineers. All rights reserved. Page 1 <br /> This document has been modified from Its original form as an EJCDC document and the user did not highlight the modifications. <br /> You are encouraged to read the document carefully and consult Legal Counsel prior to its execution. <br />