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<br />Owner understands and agrees that the right to use the electronic files provided <br />under the Agreement is specifically limited to same; Architect-Engineer does not <br />have the right to sub-lease for Owner's use any software required to access the <br />electronic files, and no such license is granted hereby. Owner acknowledges its <br />responsibility to obtain all hardware and software needed to access the electronic <br />files. <br /> <br />3.4 BIDDING PHASE <br /> <br />(1) The Contractor shall be responsible for administering the bidding of each Bid <br />Group. <br /> <br />(2) The Architect-Engineer shall evaluate product equals at the request of the <br />Contractor and make a decision on each in a timely manner up to a maximum of <br />20 hours. <br /> <br />(3) The Architect-Engineer shall attend the prebid conference and bid opening for <br />each Bid Group. <br /> <br />(4) The Architect-Engineer will assist the Contractor in evaluating all bids received <br />and provide comment and recommendation to the Owner on each proposed <br />authorization for work. <br /> <br />3.5 CONSTRUCTION PHASE <br /> <br />3.5.1 Construction Phase - Administration of the Construction Contract Work under Contract <br />to Contractor. <br /> <br />(1) The Construction Phase will commence with a written authorization from the <br />Contracts Administrator for Construction to begin and, together with the <br />Architect-Engineer's obligation to provide Basic Services under this Agreement, <br />will terminate when final payment to the Contractor is made, or in the absence of <br />a final Certificate for Payment or of such due date, 30 days after the date of <br />Substantial Completion of the total project, whichever occurs first. <br /> <br />(2) Unless otherwise provided in this Agreement and incorporated in the Contract <br />Documents, the Architect-Engineer shall provide administration for the <br />Construction contract as set forth below and in the Conditions of the Contracts for <br />Construction, as developed by the Contractor with the approval of the Architect- <br />Engineer and Owner. <br /> <br />(3) The Architect-Engineer shall be a representative of the Owner during the <br />Construction, and shall advise and consult with the Owner. Instructions to the <br />Contractor shall be forwarded through the Architect-Engineer. The Architect- <br />Engineer shall have authority to act on behalf of the Owner only to the extent <br /> <br />6 <br />C0708-026 Spillis Candcla & Partncrs. Inc. (l/b/a Spillis Candcla DMJM Agreement <br />