Orange County NC Website
Browse       Search
DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 44 <br /> ARTICLE 28. TAXES <br /> 28.1 The Design-Builder has included in the Contract Price and shall pay all taxes assessed by <br /> any authority on the Work or the labor and materials used therein. The Design-Builder shall <br /> maintain all tax records during the life of the Project and furnish the Owner with a complete <br /> listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form <br /> acceptable to the Owner. The Design-Builder is required to maintain a file showing taxes paid <br /> on the Project for three (3) years after Final Payment or turn said documents over to the Owner <br /> for its files. <br /> 28.2 The following is a list of requirements to be followed by the Design-Builder in maintaining <br /> proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use <br /> Tax. The Design-Builder shall comply fully with the requirements outlined below, in order that <br /> the Owner may recover the amount of the tax permitted under the law. <br /> a) It shall be the Design-Builder's responsibility to furnish the Owner documentary evidence <br /> showing the materials used and sales and use tax paid by the Design-Builder and each of its <br /> Subcontractors. Such evidence shall be transmitted to the Owner with each pay request <br /> regardless of whether taxes were paid in that period. <br /> b) The documentary evidence shall consist of a certified statement by the Design-Builder and <br /> each of the Design-Builder's Subcontractors individually, showing total purchases of materials <br /> from each separate vendor and total sales and use taxes paid to each vendor. Certified <br /> statements must show the invoice number, or numbers, covered, and inclusive dates of such <br /> invoices. <br /> c) Materials used from Design-Builder's or Subcontractor's warehouse stock shall be shown in a <br /> certified statement at warehouse stock prices. <br /> d) The Design-Builder shall not be required to certify the Subcontractor's statements. <br /> ARTICLE 29. OPERATION OF OWNER'S FACILITIES <br /> 29.1 The Design-Builder agrees that all Work done under the Contract Documents shall be <br /> carried on in such a manner so as to ensure the regular and continuous operation of the <br /> adjoining or adjacent facilities. The Design-Builder further agrees that the sequence of <br /> operations under the Contract Documents shall be scheduled and carried out so as to ensure <br /> said regular and continuous operation. The Design-Builder shall not close any areas of <br /> construction until so authorized by the Owner's Authorized Representative. The Design-Builder <br /> shall control operations to assure the least inconvenience to the public. Under all <br /> circumstances, safety shall be the most important consideration. <br /> ARTICLE 30. THIRD PARTY BENEFICIARY CLAUSE <br /> 30.1 It is specifically agreed between the parties executing the Agreement that the Contract <br /> Documents and the provisions therein are not intended to make the public, or any member <br /> thereof, a third-party beneficiary of the Agreement, or to authorize anyone not a party to the <br /> Contract Documents to maintain a suit for personal injuries or property damage pursuant to the <br /> terms of provisions of the Contract Documents. <br /> Revised 2/17 <br />