Orange County NC Website
Browse       Search
DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 43 <br /> Agreement solely for the purpose of this Article 28. The Contractor, by means of its <br /> subcontracts, shall specifically require its Subcontractors to be bound by this Article. <br /> ARTICLE 29. TAXES <br /> 29.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br /> authority on the Work or the labor and materials used therein. The Contractor shall maintain all <br /> tax records during the life of the Project and furnish the Owner with a complete listing of all <br /> taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the <br /> Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three <br /> (3) years after Final Payment or turn said documents over to the Owner for his files. <br /> 29.2 The following is a list of requirements to be followed by the Contractor in maintaining <br /> proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use <br /> Tax. The Contractor shall comply fully with the requirements outlined below, in order that the <br /> Owner may recover the amount of the tax permitted under the law. <br /> a) It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing <br /> the materials used and sales and use tax paid by the Contractor and each of his <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 Contractor and each <br /> of the Contractor's Subcontractors individually, showing total purchases of materials from each <br /> separate vendor and total sales and use taxes paid to each vendor. Certified statements must <br /> show the invoice number, or numbers, covered, and inclusive dates of such invoices. <br /> c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a <br /> certified statement at warehouse stock prices. <br /> d) The Contractor shall not be required to certify the Subcontractor's statements. <br /> ARTICLE 30. OPERATION OF OWNER'S FACILITIES <br /> 30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried <br /> on in such a manner so as to ensure the regular and continuous operation of the adjoining or <br /> adjacent facilities. The Contractor further agrees that the sequence of operations under the <br /> Contract Documents shall be scheduled and carried out so as to ensure said regular and <br /> continuous operation. The Contractor shall not close any areas of construction until so <br /> authorized by the Designer. The Contractor shall control operations to assure the least <br /> inconvenience to the public. Under all circumstances, safety shall be the most important <br /> consideration. <br /> ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE <br /> 31.1 It is specifically agreed between the parties executing the Agreement that, with the specific <br /> exception set forth paragraph 7.24 hereof, and that exception only, the Contract Documents and <br /> the provisions therein are not intended to make the public, or any member thereof, a third-party <br /> beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to <br /> Revised NETPLANNER v2 <br />