DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC
<br /> A5-03, A6-01, A7-01, A9-01, A9-02,A9-03, FPO-01, FP1-01, FP1-02, MO-00, MO-01, M1-01,
<br /> M2-01, M5-01, M6-01, M7-01, EO-01, EO-02, E1-01, E2-01, E3-01, E4-01, E5-01- All
<br /> drawings dated 3-18-19. Orange County Southern Expansion Phase 1- Seymour Center
<br /> Renovation and Addition Project Manual dated March 18, 2018, Addendum 1 dated April 9,
<br /> 2019, Addendum 2 dated April 22, 2019, Addendum 3 dated , Addendum 4 dated May 13,
<br /> 2019. Includes alternates 1, 3, 4, 5, 6, 7, 8, and E-1 )
<br /> b. Written specifications prepared by the Designer.
<br /> c. Muter Construction proposal dated May 14, 2019 which fully describes the work to be
<br /> performed, such work(hereinafter called the "Work").
<br /> d. Related documents listed under Section 2 above.
<br /> 3. TERM AND SCHEDULING
<br /> a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed.
<br /> b. The Contractor agrees to complete substantially all Work included by October 31, 2020 or
<br /> within(12)twelve months from the notice to proceed date.
<br /> c. Time is of the essence with respect to all dates specified in the Contract Documents as
<br /> Completion Dates.
<br /> d. The Contractor shall perform the Work in the time, manner and form required by the Contract
<br /> Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor
<br /> and Owner.
<br /> 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
<br /> a. The Contractor shall exercise reasonable care and diligence in performing the Work in
<br /> accordance with the generally accepted standards of this type of Contractor practice throughout
<br /> the United States and in accordance with applicable federal, state and local laws and
<br /> regulations applicable to the performance of these services. Contractor is solely responsible
<br /> for the professional quality, accuracy and timely completion and/or submission of all work.
<br /> b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that
<br /> will endanger its safety, intended performance or configuration.
<br /> c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors
<br /> or omissions, in the performance of the Agreement together with the errors and omissions of
<br /> any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
<br /> Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
<br /> conflicts at no additional cost to the Owner.
<br /> d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
<br /> engaged by the Contractor in the performance of any work or services required of the
<br /> Contractor under this Agreement, shall be considered employees or agents of the Contractor
<br /> only and not of the Owner, and any and all claims that may or might arise under any workers
<br /> compensation or other law or contract on behalf of said employees while so engaged shall be
<br /> Revised 12/18 2
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