NYC 9/11 Public Portal Document
NYC-DEP Information For Bidders and S ly & Servic eemnent
(Rev._ 17/93)
York, is exempt from the aforesaid sales or compensating use taxes. With respect to such
materials, the Contractor, at the request of the City, shall furnish to the City such bills of sale
and other struments as may be required by it, properiy executed, acknowledged and
delivered assuring to the City title to such supplies and materials, free of liens or encumbrances,
and the Contractor shall mark or otherwise identify all such materiais as the property of the
City.
Title to al] materials to be sold by the Contractor to the City pursuant to the provisions
of the Contract shall immediately vest in and become to sole property of the City upon delivery
of such supplies and materials to the site and prior 1o its becoming a part of the permanent
2 proper condition and forthwith repair, replace and make good any damage therew, theft or
disappearance there of, and furnish additional materials in place of any that may be lost, stolen
or rendered unusable, without cost to the City, until such time as the work covered by the
Contract is fully accepted by the City. Such transfer of title shall in no way affect any of the
Contractor’s obligations hereunder. in the event that, after title has passed to the City, any of
ali such supplies and materials shall be deemed to have been transferred back to the Contractor.
The purchase by subcontractors of materials to be sold hereunder shall also be a
purchase or procurement for resiie to the Contractor (either directly or through other
Subcontractors) and therefore not subject to the aforesaid sale, or compensating use taxes,
provided that the subcontract agreements provide for the resale of such materials prior to and
Separaic and apart from the imcorporation of such supplies and materials into the permanent
construction and that such subcontract agreements are in a form similar to this Contract with
respect to the separation of the sale of materiais from the work and labor, services, consumable
Supplies and any other matters to be provided and further that the subcontract agreements
provide separate prices for (1) materials and (2) all other services and matters.
2. ‘The subcontract agreements m connection with this Contract shall provide for the
resajie of such supplies and materials prior to and separate and apart from the incorporation of
Such supplies and materials ito the permanent construction, and shall provide separate prices
for (1) materials and (2) all other services and mantters.
Such subcontract agreements shall be m a form similar to this contract with respect to
the separation of the sale of materials from the work and labor and other things to be provided.
Such separation shall actually be followed in practice, including the separation of payments for
Supplies and materials from the payments for other work and labor and other things to be
provided.
The Contractor and his subcontractors and materiaimen shall obtain any and all necessary
Contractor Exempt Purchase Certificates or resale certificates from the appropriate governmental
agency or agencies, and furnish a Contractor Exempt Purchase Certificate or resale certificate
to all persons, firms or corporations from which they purchase supplies and materials for the
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