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7 <br /> or conflicts at no additional cost to the Owner. <br /> d. Design-Builder is an independent contractor of Owner. Any and all employees of the Design- <br /> Builder engaged by the Design-Builder in the performance of any work or services required of <br /> the Design-Builder under this Agreement, shall be considered employees or agents of the <br /> Design-Builder only and not of the Owner, and any and all claims that may or might arise under <br /> any workers compensation or other law or contract on behalf of said employees while so engaged <br /> shall be the sole obligation and responsibility of the Design-Builder. <br /> e. Design-Builder shall at all times during the term of this Agreement remain in compliance with <br /> all applicable local, state,and federal laws,rules,and regulations including but not limited to all <br /> state and federal anti-discrimination laws,policies,rules,and regulations and the Orange County <br /> Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and <br /> County may immediately terminate this Agreement without further obligation on the part of the <br /> County. This paragraph is not intended to limit and does not limit the definition of breach to <br /> discrimination. <br /> f. If activities related to the performance of this Agreement require specific licenses,certifications, <br /> or related credentials, the Design-Builder represents that it and/or its employees, agents and <br /> subcontractors engaged in such activities possess such licenses, certifications, or credentials, <br /> insurance and that such licenses, certifications, insurance or credentials are current, active, and <br /> not in a state of suspension or revocation. <br /> g. The Design-Builder shall supervise and direct the Work efficiently and with the Design- <br /> Builder's best skill and attention. Except as specifically set forth in the Contract Documents the <br /> Design-Builder shall be solely responsible for the means, methods, techniques, sequences and <br /> procedures of construction, and for safety precautions and programs in connection with the <br /> Work. The Design-Builder shall be responsible to see that the finished Work complies <br /> accurately with the Contract Documents. <br /> h. The Design-Builder shall appoint a competent Project Manager with general authority to manage <br /> the Project for the Design-Builder. The Design-Builder shall also keep on the Project at all times <br /> during the Work of the Design-Builder a competent Resident Superintendent and necessary <br /> assistants who shall not be replaced without prior written approval by the Owner. <br /> i. The Design-Builder shall attend all progress conferences and all other meetings or conferences. <br /> The Design-Builder shall be represented at these progress conferences by a representative having <br /> the authority of the Project Manager. <br /> j. Costs and expenses of providing samples for and assistance in any testing shall be borne by the <br /> Design-Builder. Any Work in which untested materials are used without approval or written <br /> permission of the Owner and/or Designer shall be removed and replaced at Design-Builder's <br /> expense. <br /> 5. PAYMENT &TAXES <br /> a. The Owner hereby agrees to pay to the Design-Builder for the faithful performance of this <br /> Agreement, and the Design-Builder hereby agrees to perform all of the Work for a sum not-to- <br /> exceed THREE MILLION SEVEN HUNDRED THOUSAND FOURTEEN DOLLARS <br /> ($3,714,000). Should the GMP be approved. The Owner hereby agrees to pay the Design- <br /> Revised 6/16 3 <br />