S Purchasing - Construction Manager at Risk Services for Emergency Services Facility

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ARTICLE 26. USE OF PREMISES 26.1 The GaMractor shall confine apparatus, the storage of materials, the operations of workers, and the disposal of material to limits indicated bylaw, ordinances, permits, and directions of the CMAR, if any. 26.2 The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance, or confiiguratian. 26.3 The Contractor shalt enforce ail of the CMAR's instructions, including, but not limited to, those regarding signs, advertisements, fires, and smoking. ARTICLE 27. CUTTING, PATCHIt1G AND F#TTtNG 27.1 The Contractor shall do alt cutting, fitting. and patching of the Work that maybe required to make its severs[ parts come together properly and fit it to receive or to be received by Work shown in or which can be reasonably implied from the Contract Documents. ARTICLE 28. DISPUTE RESOLUTION 28.i The laws of the State of North Carolina shalt apply to the interpretation and enforcement of this Agreement. Any and all suits or actions ko enforce, interpret, or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the Genera3 Court of Justice of North Carolina sitting in Orange County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Appendix A shall be a part of the Contracf Documents. Prior to initiating an action under this Article, any party to this Agreement shall initiate the mediation process as provided in Appendix A to these General Conditions. 28.2 Any person or firm that expressly or impliediy agrees to perform labor or services or to provide material, supplies, equipment, work, performance or payment bonds, insurance or indemnification for the construction of the Protect or the Work shall be deemed a party to this Agreement solely for the purpose of this Article 28. The Contractor, by means of its subcontracts, shall specifically require its Subcontractors to be bound by this Article. ARTICt_E 29. TAXES 29.1 The Contractor has included in the Contract Price, and shall pay, all taxes assessed by any authority on the Work or on the labor and materials used therein. The Contractor shall maintain ail #ax records during the life of the Projecf and furnish the CMAR with a compfefe listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the CMAR and the Owner_ The Contractor is required to main#ain a file showing taxes paid on the Project for three {3} years after Final Payment or turn said documents aver to the Owner for its files. 29.2 The following is a list of requirements to be followed by the Contractor In ma'sntaining proper records and reporting the North Carolina Sales and Ilse Tax and Local Sales antl Use Tax. The Contractor shat! comply fully with the requirements outlined below, in order that the Owner may recover the amount of the tax permitted under the law. a} [t shalt be the Contractor's responsibility to furnish the CMAR documentary evidence showing the materials used and sates and use tax paid by the Contractor and by each of its Subcontractors. Such evidence shat] be transmitted to the CMAR with each pay request regardless of whether faxes were paid in that period covered by the pay request. GENERAL CONDITIONS i=OR CM AT RISK PROJECT 39 of 42 JUNE 2007 EDITION