PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the Contract. Owner shall fully cooperate with Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. 20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection 20.3. 20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”). Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall use its best efforts to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases of construction materials and equipment is twenty-five percent (25%) of the Contract Amount. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases by Owner. 20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.
Appears in 10 contracts
Samples: Construction Management Services Agreement, Construction Management Contract, Construction Management Contract
PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include include, but are not limited to, building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the this Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection Paragraph 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the ContractAgreement. The Owner shall fully cooperate with the Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection Paragraph 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases of construction materials and equipment is twenty-five percent (25%) of the Contract AmountProject. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.thirty
Appears in 3 contracts
Samples: Project Construction Management Contract, Project Construction Management Contract, Project Construction Management Contract
PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the this Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection Paragraph 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the ContractAgreement. Owner shall fully cooperate with Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection Paragraph 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall use its best efforts to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases direct purchases of construction materials and equipment is twenty-five percent (25( %) of the Contract Amount. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract Agreement for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases direct purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases direct purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchasesdirect purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection Paragraph 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases direct purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.
Appears in 2 contracts
Samples: Construction Management Contract, Construction Management Contract
PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include include, but are not limited to, building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the this Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection Paragraph 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the ContractAgreement. Owner shall fully cooperate with Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection Paragraph 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases of construction materials and equipment is twenty-five percent (25%) of the Contract AmountProject. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.thirty
Appears in 2 contracts
Samples: Construction Management Contract, Construction Management Contract
PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the Contract. Owner shall fully cooperate with Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall use its best efforts to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases direct purchases of construction materials and equipment is twenty-five percent (25( %) of the Contract Amount. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases direct purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases direct purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchasesdirect purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection Paragraph 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases direct purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.
Appears in 2 contracts
Samples: Construction Management Contract, Construction Management Contract
PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the Contract. Owner shall fully cooperate with Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall use its best efforts to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases direct purchases of construction materials and equipment is twenty-five percent (25%) of the Contract Amount. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases direct purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases direct purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchasesdirect purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases direct purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.
Appears in 1 contract
Samples: Construction Management Contract
PERMITS, LICENSES AND TAXES. 20.1 All Unless otherwise expressly noted in the applicable Work Authorization, all permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include include, but are not limited to, building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the this Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection Paragraph 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the ContractAgreement. Owner shall fully cooperate with Construction Contractor where necessary. Unless otherwise expressly noted in the applicable Work Authorization, Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection Paragraph 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for from the ProjectProgram, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)any Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases of construction materials and equipment is twenty-five percent (25%) of the Contract AmountProgram. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more deductive Change Orders under the Contract for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Prior to the final payment, a final reconciliation of Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, and such obligations shall remain subject to the Bonds. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.thirty
Appears in 1 contract
PERMITS, LICENSES AND TAXES. 20.1 All permits and licenses necessary for the prosecution of the Work shall be procured and paid for by Construction Contractor. Permits and licenses to be acquired by Construction Contractor with the assistance of Design Professional include include, but are not limited to, building, site, Building Code Compliance Office, Department of Education, and utility permits, as well as all Health Department (DER) or Florida Department of Environmental Protection permits required for the construction or relocation of Orange County water and/or sanitary sewer lines and facilities, to the extent such water and/or sewer work is included in the this Contract. If Construction Contractor performs any Work without obtaining, or contrary to, such permits or licenses, Construction Contractor shall bear all costs arising therefrom. All costs incurred by Construction Contractor with respect to performing its obligations under this Subsection Paragraph 20.1 shall be considered a direct cost item and shall be considered reimbursable as Cost of the Work as provided for in the ContractAgreement. Owner shall fully cooperate with Construction Contractor where necessary. Construction Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
20.2 Construction Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, Construction Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth below in Subsection Paragraph 20.3.
20.3 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work (“Direct Purchases”)Work. Construction Contractor shall prepare purchase orders to vendors selected by Construction Contractor, for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two (2) weeks for execution of all such purchase orders by Owner. Construction Contractor shall represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project and to cooperate with Owner in implementing its sales tax savings program. Construction Contractor acknowledges that Owner’s target savings to be achieved by Owner Direct Purchases of construction materials and equipment is twenty-five percent (25%) of the Contract AmountProject. Within thirty (30) days after the GMP is established, Construction Contractor will process one (1) or more a deductive Change Orders Order under the Contract Agreement for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Additional deductive Change Orders will be processed as necessary. Prior to the final payment, a final reconciliation of the Owner Direct Purchases against the GMP will be performed and such deductive Change Order will be prepared for the Owner’s review and approval. Should it be determined in such final reconciliation or any other audit that Construction Contractor failed to obtain any tax savings that could have been achieved through Owner’s Direct Purchases of materials and equipment and Owner’s target for tax savings specified above is not met, then Owner shall be entitled to offset against amounts due Construction Contractor or, if no amounts are due, recover from Construction Contractor the amount of such missed tax savings above Owner’s target tax savings specified above (i.e. there shall be no such offset or recovery if the target tax savings percentage is achieved). With respect to all Direct Purchases direct purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, and such obligations shall remain subject to the Bondsdirect purchases. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Subsection Paragraph 20.3 shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such Direct Purchases direct purchases by Owner.
20.4 Construction Contractor shall cooperate with Owner and perform such actions and execute such instruments as may be required or reasonably requested by Owner in order for Owner to obtain the benefit of any available rebates, special rates and incentives.
Appears in 1 contract
Samples: Construction Management Contract