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DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 27 <br /> the Contract Documents specifying particular means, methods, techniques, sequences, or <br /> procedures. <br /> 9.4 The Owner's Authorized Representative shall be an Owner's representative during the <br /> construction period. The duties, responsibilities and authority of the Owner's Authorized <br /> Representative as the Owner's representative during construction are as set forth in the <br /> Contract Documents. <br /> ARTICLE 10. TESTING AND SURVEYING <br /> 10.1 Laboratory and field tests to determine compliance of construction with the Contract <br /> Documents shall be made by the Owner or testing consultants employed by the Owner except <br /> those required elsewhere in the Contract Documents to be paid for by the Design-Builder. The <br /> costs and expenses of providing samples for and assistance in any testing shall be borne by the <br /> Design-Builder and are included in the Contract Price. Any Work in which untested materials are <br /> used without approval or written permission of the Owner's Authorized Representative shall be <br /> removed and replaced at the Design-Builder's expense. Work found to be unacceptable or <br /> unauthorized will not be paid for and, if directed by the Owner's Authorized Representative shall <br /> be removed and replaced at the Design-Builder's expense. Unless otherwise designated, tests <br /> in accordance with the cited standard methods of ASTM or other generally recognized or <br /> specifically authorized methods which are current on the date of RFQ shall be made at the <br /> expense of the Owner; provided, however, in the event that after such testing any Work is found <br /> to be defective or does not meet the requirements of the Contract Documents, the costs of <br /> retesting such Work and the costs of inspection services shall be paid by the Design-Builder. <br /> Samples shall be taken by a testing laboratory employed by the Owner. All materials being used <br /> are subject to inspection, tests, or rejection at any time prior to or during incorporation into the <br /> Work. Copies of all Owner test reports will be furnished to the Design-Builder at its written <br /> request. Copies of Design-Builder test reports shall be furnished to the Owner's Authorized <br /> Representative upon written request. <br /> 10.2 The Owner shall have the right to deduct the costs of additional testing as described in <br /> paragraph 11.1 from any money due the Design-Builder; or if no money is due the Design- <br /> Builder, the Owner shall have the right to recover these costs from the Design-Builder, from its <br /> sureties, or from both. <br /> 10.3 All layouts and surveying shall be accomplished by properly qualified personnel duly <br /> licensed in the State of North Carolina. <br /> ARTICLE 11. SEPARATE CONTRACTS <br /> 11.1 Pursuant to Article 8 it is expressly understood that the Owner may deploy the Owner's <br /> own employees or engage other contractors to perform Work as a part of the Project whose <br /> work will be performed simultaneously and sequentially with the performance of the Work by the <br /> Design-Builder. In such event the Design-Builder shall coordinate construction activities with <br /> such other contractors and the Owner's Authorized Representative, particularly with respect to <br /> access to work areas, storage of materials, and use of elevators and other common facilities. <br /> The Design-Builder shall diligently and in good faith cooperate with the Owner, the Owner's <br /> Authorized Representative, and all other contractors with respect to such matters and shall <br /> regularly and faithfully attend any and all meetings called by the Owner or the Owner's <br /> Revised 2/17 <br />