28-Direct Owner Purchasing Program.pdf

PDF 123 KB Posted

Attached to
Progressive Design-Build Services for Town of Palm Beach Mid-Town Seawall Replacement Project
Solicitation number
RFQ No.2026-020
Issued by
Palm Beach County, Florida

About this file

Written by GovTribe AI ·

This document is a Direct Owner Purchasing Program (DOPP) administrative procedures guide for the Town of Palm Beach applicable to the Progressive Design-Build Services for the Mid-Town Seawall Replacement Project. The program establishes the framework whereby the Town will purchase specified materials and equipment, with the design-build contractor responsible for receipt, inspection, coordination, installation, and warranty management of owner-furnished items. The contractor must verify material quantities and documentation upon delivery, inspect shipments for conformity with specifications and defects, coordinate all delivery schedules and unloading logistics, and maintain detailed records of all owner-purchased materials from delivery through incorporation into the work. A mandatory pre-proposal meeting and site visit is scheduled for March 31, 2026, at 10:00 AM EST at the Public Works Building in West Palm Beach, with the site visit following at the Worth Avenue Clock Tower in Palm Beach. Proposals must be submitted online through the EUNA Procurement platform, with failure to attend the mandatory meeting resulting in automatic disqualification.

The DOPP establishes that the Town retains title to all owner-purchased materials, with the contractor functioning as a bailee responsible for safeguarding, storing, and protecting materials until incorporation into the project or consumption during completion. The contractor must obtain and maintain insurance covering the full replacement value of owner-purchased equipment and materials not yet incorporated into the work and is responsible for all warranty claims during the contractor's warranty period, with the Town assuming responsibility for warranty issues extending beyond one year. The contractor must complete the work within the contract time based on the delivery schedule defined in the bid documents, with eligibility for time extensions due to material delivery delays. Salvage materials remain the property of the Town, and the contractor is responsible for scheduling and performing all testing, commissioning, and field services associated with owner-purchased equipment, including forwarding all operations and maintenance manuals and warranty documentation to the Town.

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TOWN OF PALM BEACH

DIRECT OWNER PURCHASING PROGRAM

TOWN OF PALM BEACH - DIRECT OWNER PURCHASING PROGRAM

A. Procedures for administration of the Direct Owner Purchasing Program.

B. The Owner shall include this project in its Direct Owner Purchasing Program (DOPP) and the Contractor agrees to administer according to the following terms. The Contract shall include the following terms:

1) Contractor shall be fully responsible for all matters relating to the receipt of materials furnished by Owner in accordance with these procedures, including but not limited to, verifying correct quantities, verifying documentation or orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the goods at the time of delivery, and loss or damage to equipment and materials following acceptance of items by the Owner due to the negligence of the Contractor. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Contractor for the particular materials furnished. The Contractor shall provide all services required for the unloading, handling and storage of materials through installation. The Contractor agrees to indemnify and hold harmless the Owner from any and all claims of whatever nature resulting from nonpayment of goods to suppliers arising from the actions or directions of Contractor.

2) As Owner-Purchased Materials are delivered to the job site, the Contractor and the Contractor as Owner’s Representative, shall visually inspect all shipments for the suppliers, and approve the vendor’s invoice for materials delivered. The Contractor shall assure that each delivery is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier confirming the Purchase Order, together with such additional information as the Owner or Contractor may require. The Contractor will verify, in writing, the accuracy of the delivery ticket. The Contractor will then forward the invoice to the Owner. The Owner will process and pay directly to the vendor in the manner as all other Owner Entity invoices are processed. The Owner shall have the right to assign Owner personnel to verify and audit the accuracy of all Direct Purchase documents.

3) Contractor shall insure that Owner-Purchased Materials conform to the Specifications and determine prior to incorporation into the Work if such materials are patently defective, and whether such materials are identical to the materials ordered and match the description on the bill of lading. If the Contractor discovers defects or non-conformities in the Owner-Purchased Material, upon such visual inspection, the Contractor shall not utilize such non-conforming or defective materials in the Work and instead shall promptly notify the Vendor of the defective or non-conforming condition in order to pursue repair or replacement of those materials without any undue delay or interruption to the Project. Additionally, the Contractor shall notify the Owner through the Construction Manager of such occurrence. If the Contractor fails to perform such inspection, and otherwise incorporates Owner-Purchased Materials, the condition of which it either knew about or should have known about by performance of an inspection, Contractor shall promptly take action to remedy the defect or non-conformity so as not to delay the Work.

4) The Contractor shall maintain records of all Owner-Purchased Materials it incorporates into the Work from the stock of Owner-Purchased Materials in its possession. The Contractor shall account monthly to the Owner, for any Owner-Purchased Materials delivered into the

TOWN OF PALM BEACH

DIRECT OWNER PURCHASING PROGRAM

TOWN OF PALM BEACH - DIRECT OWNER PURCHASING PROGRAM

Contractor's possession, including portions of all such materials which have been incorporated into the Work.

5) The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all materials and products as required by the Contract Documents. All repairs, maintenance or damage repair calls shall be coordinated by the Contractor for resolution with the appropriate supplier or Vendor. The contractor is responsible for handling all warranty related issues to Owner purchased equipment throughout the contractor’s warranty period. The Owner will handle any warranty issues that extend past the contractor’s one year. Contractor agrees to adjust the required warranty on the contractor’s work.

6) Notwithstanding the transfer of Owner Purchased Materials by the Owner to the Contractor's possession, the Owner shall retain title to any and all Owner Purchased Materials.

7) The transfer of the possession of Owner Purchased Materials from the Owner to the Contractor shall constitute a bailment for mutual benefit of the Owner and the Contractor.

The Owner shall be considered the bailor and the Contractor the bailee of the Owner Purchased Materials. Owner Purchased Materials shall be considered returned to the Owner for purposes of its bailment at such time as they are incorporated into the Project or consumed in the process of completing the Project. Bailee shall have the duty to safeguard, store and protect all Owner Purchased Materials.

8) The Contractor shall purchase and maintain insurance pursuant to the requirements set forth in the Bid Documents which shall be sufficient to protect against any loss or damage to Owner Purchased equipment, materials or supplies. Such insurance shall cover the full value of any Owner Purchased Materials not yet incorporated into the Project until such time the Owner accepts the work.

9) The Contractor shall agree to complete the work within the contract time based on a delivery schedule defined in the bid documents. Any delays and the contractor should be awarded time.

10) Salvage materials shall be the property of the Owner and stored or removed from the site by the Contractor at the Owner's discretion.

11) The Contractor shall be responsible for confirming all testing, commissioning and other services purchased in connection with the Owner purchased equipment has been performed.

The Contractor shall be responsible for scheduling and staffing any field testing or commissioning purchased by the Owners. The Contractor shall forward to the Owner any Operations and Maintenance Manuals, Warranties, or other documentation included in the purchase.

COMPANY NAME: __________________________________________________________

ADDRESS: _________________________________________________________________

SIGNATURE: _______________________________________________________________

COMPANY NAME:
ADDRESS:

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