Owner Direct Purchase Program Clause Samples
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Owner Direct Purchase Program. The Construction Manager recognizes that Owner is a political subdivision of the State of Florida and as such is entitled to direct purchase materials in order to save the state sales tax. Construction Manager shall provide Owner with a list of items that may be eligible for sales tax savings prior to purchasing these materials. In the event Owner opts to make Owner-Direct Purchases, the project Guaranteed Maximum Price shall be reduced by the Owner-Direct Purchase with the corresponding sales-tax savings accrued in a Sales Tax Savings Account identified on the Project Schedule of Values and corresponding Application for Payment. Materials provided under this Sales Tax Savings program by the Construction Manager shall be based on the actual prices quoted by the Construction Manager for the materials used. The Sales Tax Savings Account shall be for the benefit of Owner only. Owner is the sole recipient of any sales tax savings and may use money generated by the savings for reduction of the Project cost, increases in the scope of Work, or any other purpose Owner so desires without extending the schedule. If any funds remain in the Sales Tax Savings Account at the completion of the Project, the Project cost shall be reduced by Change Order to return all unused Sales Tax Savings to Owner.
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 DOP. 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, if necessary, a Potential Change Order (hereinafter defined) will be prepared for Owner’s review and approval.
Owner Direct Purchase Program. 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. Contractor shall allow three (3) weeks for execution of all such purchase orders by Owner. Contractor shall provide Owner 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). Any delay caused by improper paperwork/documentation by the Contractor, or its subcontractors, vendors or suppliers, shall be the responsibility of Contractor. Contractor 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 project specific PO is issued, 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.
4.2.8.2 With respect to all ODP, 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, Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this Section 4.2.8 shall be included within and covered to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. Contractor shall be responsible for safeguarding all ODP on the project site on Owner’s behalf.
Owner Direct Purchase Program. The Owner may elect to implement an owner direct purchase program whereby it may purchase materials and equipment included in any Subcontractor’s bid for a portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Owner Direct Purchase Materials.” If Owner elects to implement an owner direct purchase program, it shall so notify Construction Manager in writing, and the terms of this paragraph shall govern, along with Owner’s policies on the subject in effect at the time Construction Manager commences construction of the Project. Construction Manager shall submit to the Owner a list of appropriate materials and equipment that exceed $5,000 per purchase requisition for consideration by the Owner as Owner Direct Purchase Materials. Construction Manager shall obtain Builder’s Risk insurance on the Owner Direct Purchase Materials naming Owner as the insured or an additional insured, provided Owner shall reimburse Construction Manager for the cost of such insurance as provided by this Agreement. Construction Manager shall be responsible for safeguarding all Owner Direct Purchase Materials on the Project site on Owner’s behalf.
Owner Direct Purchase Program. The University may elect to implement an Owner Direct Purchase (ODP) Program whereby it may purchase materials or equipment included in any subcontractor’s bid/quote directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to as “Owner Direct Purchase (ODP) Materials.” Contractor shall submit to the University a list of appropriate materials and equipment that exceed $5,000 per purchase requisition for consideration by the University as ODP Materials. If the University elects to implement an ODP Program the terms of this paragraph shall govern, along with the University’s policies on the subject in effect at the time Contractor commences construction of the project. Contractor shall obtain Builder’s Risk insurance on the ODP Materials naming the University as the insured or an additional insured, provided the University shall reimburse Contractor for the cost of such insurance as provided by this Agreement. Contractor shall be responsible for safeguarding all ODP Materials on the project site on the University’s behalf.
Owner Direct Purchase Program. 14.1 The Owner shall appoint the Contractor as the Owner’s authorized representative with respect to any matter arising out of the purchase orders under this program. The Contractor will cooperate fully with the Owner with respect to the implementation of a tax exempt direct material/equipment purchase program involving the direct purchase of various construction materials, supplies and equipment that is currently part of this Contract. The Owner shall obtain, with the assistance of the Contractor, the proper authorization from the State of Florida in the form of a Technical Assistance Advisement (TAA). The Owner Direct Purchase Program is attached hereto as Exhibit “ A,” controls the Direct Purchase Program for the Project. The Direct Purchase Program will be operated in accordance with the following provisions:
(a) The Owner will issue its own purchase orders directly to the third party vendor or supplier of material and equipment purchased under the Direct Purchase Program. The purchase order will be accompanied by the Owner’s Exemption Certificate which includes its name, address, and the exemption number with issuance and expiration date.
(b) All material and equipment purchased under the Direct Purchase Program is sold directly to the Owner and is directly to the Owner and is directly invoiced by the vendor or supplier.
(c) The Owner takes title and possession of all materials and equipment purchased under the Direct Purchase Program from the vendor or seller before they are incorporated into the Project.
(d) The Owner assumes all risk of loss on all material and equipment purchased under the Direct Purchase Program. The Contractor cannot be held liable for damage or loss to the material or equipment.
(e) The Owner is responsible for and pays the premiums on all insurance and/or bonding on materials or equipment purchased under the Direct Purchase Program. The Contractor does not share any economic benefits of proceeds from bond or insurance covering risk of damage or loss of the material or equipment.
(f) The Owner makes direct payment to the third party vendor or seller for all purchases from its own funds or accounts for all purchases under the Direct Purchase Program.
14.2 The Owner agrees to process its purchase orders so that the progress of construction is not jeopardized. Should the Owner fail to process the purchase orders within a time frame so as not to delay the construction, the Contractor shall, at its sole discretion, void the Owner pu...
Owner Direct Purchase Program. The Owner may utilize the Owner Direct Purchase program (ODP) to the extent reasonable and practical for this Project including ODP of GMP subcontractor bid packages if in the best interest of the Owner. Particular emphasis will be placed on the selection, purchase, and delivery of specific equipment and material purchases to facilitate the construction schedule. The ▇▇▇▇, as a condition of this scope of Services, shall review the necessary technical documentation to support the Owner Project Team as required to facilitate the purchase of equipment and material.