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AMENDMENT TO OWNER-ENGINEER AGREEMENT NO. 1 – ATTACHMENT NO. 1 <br />Page 8 <br />(Exhibit J - Special Provisions) <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 />16.Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance <br />and operating instructions, schedules, guarantees, bonds, certificates or other evidence of <br />insurance required by the Contract Documents, certificates of inspection, tests and approvals, <br />Shop Drawings, Samples and other data approved as provided under Paragraph A1.05.A.11, <br />and transmit the annotated record documents which are to be assembled by Contractor in <br />accordance with the Contract Documents to obtain final payment. The extent of such review <br />by Engineer will be limited as provided in Paragraph A1.05.A.11. <br />17.Substantial Completion: Promptly after notice from Contractor that Contractor considers the <br />entire Work ready for its intended use, in company with Owner and Contractor, visit the <br />Project to determine if the Work is substantially complete. If after considering any objections <br />of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a <br />certificate of Substantial Completion to Owner and Contractor. <br />18.Additional Tasks: Perform or provide the following additional Construction Phase tasks or <br />deliverables: <br />a. Conduct a Pre-Construction Meeting. <br />b. Prepare minutes of the Pre-Construction Meeting and distribute to all attendees. <br />c. Participate in periodic construction progress meetings (up to 12 meetings). <br />d. Attend additional site inspections (up to 3 visits). <br />e. Review of the Operation & Maintenance Manuals for compliance with the Construction <br />Contract Documents will be provided. <br />f. Assist with preparation of Substantial Completion Punchlist following Substantial <br />Completion Walkthrough. <br />19.Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine <br />if the completed Work of Contractor is acceptable so that Engineer may recommend, in <br />writing, final payment to Contractor. Accompanying the recommendation for final payment, <br />Engineer shall also provide a notice in the form attached hereto as Exhibit E (the “Notice of <br />Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph <br />A1.05.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the <br />extent of the services provided by Engineer under this Agreement. <br />B.Duration of Construction Phase: The Construction Phase will commence with the execution of the <br />first Construction Contract for the Project or any part thereof and will terminate upon written <br />recommendation by Engineer for final payment to Contractors. If the Project involves more than <br />one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be <br />rendered at different times in respect to the separate contracts. Subject to the provisions of Article <br />3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services <br />(including Resident Project Representative services, if any) are required after the original date for <br />completion and readiness for final payment of Contractor as set forth in the Construction Contract. <br />C.Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any <br />Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any <br />of the Work, for safety or security at the Site, or for safety precautions and programs incident to <br />Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible