Common use of Owner Direct Purchase Program Clause in Contracts

Owner Direct Purchase Program. 3.6.6.1 Owner has elected to participate in a direct purchase program whereby it purchases materials and equipment costing $5,000 and over directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment purchased through this program are referred to as “ODP.” Owner shall prepare purchase orders to the supplier(s) of the ODP. Construction Manager shall allow three (3) weeks for execution of all such purchase orders by Owner. Construction Manager shall provide Owner a ODP matrix (including CSI division, description of materials, cost, lead time of material, potential tax savings, date ODP request will be submitted to Owner, date which purchase order must be issued in order not to cause delay) together with the GMP. Any delay caused by improper paperwork/documentation by the Construction Manager, or its subcontractors, vendors or suppliers, shall be the responsibility of Construction Manager. Construction Manager use its best efforts to maximize cost savings for the Project and to cooperate with Owner in utilizing its sales tax savings program. Within thirty (30) days after the GMP is established, Construction Manager will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of ODP, inclusive of sales taxes. Prior to final payment, a reconciliation will be performed and, if necessary, a Potential Change Order (hereinafter defined) will be prepared for Owner’s review and approval. 3.6.6.2 With respect to all ODP, Construction Manager shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all ODP, and such obligations shall remain subject to the Bonds (hereinafter defined). Notwithstanding anything herein to the contrary, Construction Manager expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Section 3.6.6 shall be included within and covered to the same extent as all other warranties provided by Construction Manager pursuant to the terms of the Contract Documents. Construction Manager shall be responsible for safeguarding all ODP on the Project Site on Owner’s behalf.

Appears in 1 contract

Samples: Construction Management Agreement

AutoNDA by SimpleDocs

Owner Direct Purchase Program. 3.6.6.1 4.2.7.1 Owner has elected to participate in a direct purchase program whereby it purchases materials and equipment costing $5,000 and over directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment purchased through this program are referred to as “ODP.” Owner shall prepare purchase orders to the supplier(s) of the ODP. Construction Manager Contractor shall allow three (3) weeks for execution of all such purchase orders by Owner. Construction Manager Contractor shall provide Owner a an ODP matrix (including CSI division, description of materials, cost, lead time of material, potential tax savings, date ODP request will be submitted to Owner, date which purchase order must be issued in order not to cause delay) together with the GMP). Any delay caused by improper paperwork/documentation by the Construction ManagerContractor, or its subcontractors, vendors or suppliers, shall be the responsibility of Construction ManagerContractor. Construction Manager Contractor use its best efforts to maximize cost savings for the Project project and to cooperate with Owner in utilizing its sales tax savings program. Within thirty (30) days after the GMP project specific PO is establishedissued, Construction Manager Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of ODP, inclusive of sales taxes. Prior to final payment, a reconciliation will be performed and, if necessary, a Potential Change Order (hereinafter defined) will be prepared for Owner’s review and approval. 3.6.6.2 4.2.8.2 With respect to all ODP, Construction Manager Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all ODP, and such obligations shall remain subject to the Bonds (hereinafter defined). Notwithstanding anything herein to the contrary, Construction Manager Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Section 3.6.6 4.2.8 shall be included within and covered to the same extent as all other warranties provided by Construction Manager Contractor pursuant to the terms of the Contract Documents. Construction Manager Contractor shall be responsible for safeguarding all ODP on the Project Site project site on Owner’s behalf.

Appears in 1 contract

Samples: General Contractor Services Agreement

Owner Direct Purchase Program. 3.6.6.1 4.2.8.1 Owner has elected to participate in a direct purchase program whereby it purchases materials and equipment costing $5,000 and over directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment purchased through this program are referred to as “ODP.” Owner shall prepare purchase orders to the supplier(s) of the ODP. Construction Manager Contractor shall allow three (3) weeks for execution of all such purchase orders by Owner. Construction Manager Contractor shall provide Owner a an ODP matrix (including CSI division, description of materials, cost, lead time of material, potential tax savings, date ODP request will be submitted to Owner, date which purchase order must be issued in order not to cause delay) together with the GMP). Any delay caused by improper paperwork/documentation by the Construction ManagerContractor, or its subcontractors, vendors or suppliers, shall be the responsibility of Construction ManagerContractor. Construction Manager Contractor use its best efforts to maximize cost savings for the Project project and to cooperate with Owner in utilizing its sales tax savings program. Within thirty (30) days after the GMP project specific PO is establishedissued, Construction Manager Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of ODP, inclusive of sales taxes. Prior to the final payment, a reconciliation will be performed and, if necessary, a Potential Change Order (hereinafter defined) will be prepared for Owner’s review and approval. 3.6.6.2 4.2.8.2 With respect to all ODP, Construction Manager Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all ODP, and such obligations shall remain subject to the Bonds (hereinafter defined). Notwithstanding anything herein to the contrary, Construction Manager Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Section 3.6.6 4.2.8.2 shall be included within and covered to the same extent as all other warranties provided by Construction Manager Contractor pursuant to the terms of the Contract Documents. Construction Manager Contractor shall be responsible for safeguarding all ODP on the Project Site project site on Owner’s behalf.

Appears in 1 contract

Samples: General Contractor Services Agreement

AutoNDA by SimpleDocs

Owner Direct Purchase Program. 3.6.6.1 Owner has elected to participate in a direct purchase program whereby it purchases materials and equipment costing $5,000 and over directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment purchased through this program are referred to as “ODP.” Owner shall prepare purchase orders to the supplier(s) of the ODPDOP. Construction Manager shall allow three (3) weeks for execution of all such purchase orders by Owner. Construction Manager shall provide Owner a ODP matrix (including CSI division, description of materials, cost, lead time of material, potential tax savings, date ODP request will be submitted to Owner, date which purchase order must be issued in order not to cause delay) together with the GMP. Any delay caused by improper paperwork/documentation by the Construction Manager, or its subcontractors, vendors or suppliers, shall be the responsibility of Construction Manager. Construction Manager use its best efforts to maximize cost savings for the Project and to cooperate with Owner in utilizing its sales tax savings program. Within thirty (30) days after the GMP is established, Construction Manager will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of ODP, inclusive of sales taxes. Prior to the final payment, a reconciliation will be performed and and, if necessary, a Potential Change Order (hereinafter defined) will be prepared for Owner’s review and approval. 3.6.6.2 With respect to all ODP, Construction Manager shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all ODP, and such obligations shall remain subject to the Bonds (hereinafter defined). Notwithstanding anything herein to the contrary, Construction Manager expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Section Subsection 3.6.6 shall be included within and covered to the same extent as all other warranties provided by Construction Manager pursuant to the terms of the Contract Documents. Construction Manager shall be responsible for safeguarding all ODP on the Project Site on Owner’s behalf.

Appears in 1 contract

Samples: Construction Management Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!