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MAM <br />ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION <br />9.02 Owner reserves the right to monitor, .inspect or test the various stages of construction and <br />make -an independent determination as to Contractor's compliance with the Contract Documents. <br />In the event the Owner determines that any aspect of the Work was not in compliance with the <br />Contract Documents, Owner may inform the Engineer and- Engineer shall inspect the Work to <br />ensure Contractor's compliance thereof. Owner's - decision to inspect, monitor or test any aspect <br />of the Work and/or failure inspect, monitor or test, or to inform. Engineer of Contractor's non- <br />compliance with the Drawings and Specifications. or any provision in the Contract Documents in <br />the performance of the Work shall not be construed as a waiver of Engineer's responsibility to <br />supervise, monitor and certify project completion in conformance with the Contract Documents. <br />Additional Contract Provisions <br />Y 5.1 Contract Documents; Priority <br />In the event of any inconsistency between the Contract Documents, the - Contract Documents <br />shall be interpreted mi the following- order of priority: <br />I . The Contract (including of the Agreement and any amendments, Cbange Orders, General <br />Conditions and Supplement to General Conditions, Insurance Policies and-Certificates, <br />Payment and Performance Bonds) <br />2. Engineer approved :Drawings and Field Orders <br />3. Request for Proposals and associated documents (including time Advertisement, <br />Instructions to Bidders; Technical Specifications, General Description of Cost Items, Bid <br />Bond. and Bid Form:, Special Notice -North Carolina Sales Tax) <br />4. Contraetor's Proposal <br />5. Other documents related to the project <br />SECTION XI: Indemnify <br />a. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type <br />through time purchase of appropriate bonds and insurance as designated. herein. <br />b. Upon completion of the Work the Contractor shall execute an affidavit stating there are <br />no unpaid, debts ..for any work_ihat has been done or materials that have been furnished to the <br />Project prior to and as of the date of substantial completion and further stating that Contractor <br />shall indemnify, save and protect Owner. and Owner's lender, if any, harmless from and against <br />any and all claims, liabilities, losses, damages; causes of action, and expenses (including court <br />costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting <br />from any such debts and liens in a form and substance mutually acceptable to Owner and <br />Contractor. <br />C. By executing this Agreement Contractor agrees to abide by and be bound by the <br />indemnification provisions stated herein. <br />SECTION XIV: Payment and Taxes <br />a. Not later than the fifth (5th) day of each. calendar month the Contractor shall submit to the <br />Engineer, a Request for Payment for work done during the previous calendar month. <br />1.. The Request for Payment shall be in form of a standardized invoice. or AiA Document <br />G702 -703 appropriately addressed to the Engineer at Coulter Jewell Thames, P.A. and <br />shall show substantially the value of work done during_the.previous calendar month. <br />2. The Engineer's certification that at -lest seventy -five percent (75 %) of the Work has been <br />satisfactorily completed shall be required for Owner to reduce retainage to zero percent <br />(0 %)- <br />3. Final payment shall not be due to the Contractor until thirty (30) days after one hundred <br />percent (100 %) of the Work, including punch list work, has been. satisfactorily completed <br />