Common use of Off-Site Storage Clause in Contracts

Off-Site Storage. With prior approval by Owner and in the event Contractor elects to store materials at an off-site location, Contractor must abide by the following conditions, unless otherwise agreed to in writing by Owner:  Store materials in a commercial warehouse meeting the criteria stated below.  Provide insurance coverage adequate not only to cover materials while in storage, but also in transit from the off-site storage areas to the Project Site. Copies of duly authenticated certificates of insurance must be filed with Owner’s representative.  Inspection by Owner’s representative is allowed at any time. OCM must be satisfied with the security, control, maintenance, and preservation measures.  Materials for this Project must be physically separated and marked for the Project in a sectioned-off area. Only materials which have been approved through the submittal process are to be considered for payment.  Owner reserves the right to reject materials at any time prior to final acceptance of the complete Contract if they do not meet Contract requirements regardless of any previous progress payment made.  With each monthly payment estimate, Contractor must submit a report to OCM and Design Professional listing the quantities of materials already paid for and still stored in the off-site location.  Contractor must make warehouse records, receipts, and invoices available to Owner’s representatives, upon request, to verify the quantities and their disposition.  In the event of Contract termination or default by Contractor, the items in storage off-site, upon which payment has been made, will be promptly turned over to Owner or Owner’s agents in place or at a location near the jobsite as directed by OCM. The full provisions of performance and payment bonds on this Project cover the materials off-site in every respect as though they were stored on the Project Site.

Appears in 2 contracts

Sources: Construction Manager at Risk Agreement, Professional Services Agreement