Orange County NC Website
Browse       Search
41 <br />Revised 01/24 <br /> <br />26.1 The Contractor shall confine apparatus, the storage of materials, the operations of workers, <br />and the disposal of material to limits indicated by law, ordinances, permits, and directions of the <br />Designer, if any. <br /> <br />26.2 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 /> <br />26.3 The Contractor shall enforce all of the Designer's instructions, including, but not limited to, <br />those regarding signs, advertisements, fires, and smoking. <br />ARTICLE 27. CUTTING, PATCHING AND FITTING <br /> <br />27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to <br />make its several parts come together properly and fit it to receive or to be received by Work <br />shown in or which can be reasonably implied from the Contract Documents. <br />ARTICLE 28. DISPUTE RESOLUTION <br /> <br />28.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br />this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect <br />to any provision of, or the performance or nonperformance of, this Agreement shall be brought <br />in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it <br />is agreed by the parties that no other court shall have jurisdiction or venue with respect to such <br />suits or actions. In any dispute arising pursuant to the terms of this Agreement the Parties shall <br />follow and abide by the Rules and Procedures for Orange County Design, Building <br />Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference <br />and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Regardless of <br />the outcome of any dispute each Party shall be responsible for its own legal costs including <br />reasonable attorneys’ fees. <br /> <br />28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to <br />provide material, supplies, equipment, work, performance or payment bonds, insurance or <br />indemnification for the construction of the Project or the Work shall be deemed a party to this <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 /> <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 /> <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 />Docusign Envelope ID: EF9C08D2-5B75-438B-8D6D-8473F81BD7C4