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In arriving at the Guaranteed Maximum Price, the following taxes shall be <br />excluded: <br />i. Federal excise taxes for materials entering into the Work (Internal <br />Revenue Code, Section 3442(3)) <br />ii. Federal transportation taxes do not apply to materials entering into <br />the Work (Internal Revenue Code, Section 3475(b), as amended). <br />2. The following taxes shall be included in the Cost of the Work, subject <br />however, to the obligation on the part of those providing labor and material <br />to the accounting procedures for the refund of County sales and use tax as is <br />provided in the General Conditions. To the extent of the amount of the <br />refund of County sales and use tax, the Construction Manager at Risk shall <br />not be entitled to a Construction Management Fee: <br />i. North Carolina sales tax and use tax, as required by law; and <br />ii. Local option sales and use taxes, as required bylaw. <br />3. Accounting procedures for refunds are set forth in the General Conditions. <br />K. Meetings During_Course of Construction -The CM shall schedule and conduct <br />meetings at which the Owner, Architect, the CM and appropriate Subcontractors can discuss the <br />status of the Work. The CM shall prepare and promptly distribute meeting minutes. <br />L. Monthly Reports: Daily Logue- The CM shall provide monthly written reports to <br />the Owner and Architect on the progress of the entire Work. The CM shall maintain a daily log <br />containing a record of weather, Subcontractors working on the site, number of workers, Work <br />accomplished, problems encountered and other similar relative data as the Owner may <br />reasonably require. The log shall be available to the Owner and Architect. <br />M. Cost Control System -The CM shall develop a system of cost control for the Work, <br />including regular monitoring of actual cost of activities in progress and estimates for <br />uncompleted task and proposed changes. The Construction Manager at Risk shall identify <br />variances between actual and estimated costs and report the variances to the Owner and <br />Architect at regular intervals. <br />N. Contract Completion Date and Liquidated Damages -The Construction <br />Manager at Risk shall achieve full completion of all the Work at a date to be mutually agreed <br />upon by the Owner and CM at the time that the Guaranteed Maximum Price for the Site Work & <br />Construction of the Satellite Office Complex (Phase I) is agreed upon. The parties agree that late <br />delivery of full completion of the Work will cause damage to the Owner and that the measure of <br />damages to be sustained by the Owner in the event of delayed completion of the Work is <br />13 <br />F-4 <br />Attachment number 1 <br />Page 159 of 627 <br />