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39 <br />t1:RTICLE 9 -ENGINEER'S S"I'ATUS DURING CONST:RUC'I'ION <br />9.02 Owner reserves the right to monitor, :inspect or test the various stages of construction and. <br />make an independent detennitration 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 acrd Engineer shall inspect the Work to <br />ensure Contractor's compliance therea£ Owner's-decision to inspect, monitor or test any aspect <br />of the Work and/or failure inspect, monitor ar test, or to inform F-tgineer of Contractor"s non- <br />campliattce with the Drawings and Specificattans ar any pt•ovi ion in the Contract Documents in <br />the perfonnanee of the Work shall not be cansU-ued as a waiver of Engineer's responsibility to <br />supervise, monitor and certify protect completion in conformance with the Contract Documents. <br />Additional Contract Prvvisivrrs <br />~.l Contract Documents; Priority <br />ha the event of a»y inconsistency between the Contract Documents,. the Contract Documents <br />shall be interpreted in the following order of priority: <br />1. The Contract (including of the Agreement and any amendments, Change Orders, General <br />Conditigns and Supplement to t`reneral Cotrditons, Insurance Policies and Certificates, <br />Payment. and Performance Bonds) <br />2. Engineer approved Drawings and Field Orders <br />3. :Request for Proposals anal associated documents (including the Advertisement, <br />]nstructions to Bidders; Technical Specifications; General Description of Cast Items; Bid <br />bond and Bid' Form, Special Notice-North Carolina Sales Tax) <br />4. Contractor's Proposal <br />S. Outer documents related to-the protect <br />SECTION XI. Indemnity <br />a. The Contractor shall indemnify and hold harm ess Owner from any lien of whatever type <br />through the purchase of appropriate bonds and insurance as designated herein. <br />Upon completion of the Work dxe Contractor shall execute an affidavit statin; there are <br />no unpaid. debts .for any work that 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 thai Contractor <br />shall. indemnify, save and protect Owner and Owner's lender, if any, harmless from and against <br />any and all claims,: liabilities, lasses, 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 (Sttt) da}• of each. calendal• 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 F..ngin.cer at Coulter Jewell Thames, P.A. and <br />shall show substantially the value of work. done. during, the previous calendar month. <br />2. The Enga.neer's certification that at-lest seventy-f ve percent (75%) of the Work has been <br />satisfactorily completed shall be required for Owner to reduce retaina~*e to zero percent <br />(0%)• y <br />3. final payment shall not be due to the Contractor until thirty (30) days after one hundred <br />percent (1.00%°) of the Work, including punch list work, has been satisfactorily completed <br />2 <br />