Common use of Equipment Charges Clause in Contracts

Equipment Charges. The Client Agency shall pay the Contractor for authorized equipment used at a project site unless the Client Agency determines, in its sole discretion, either before or after equipment is or has been used at a site that: (1) A task performed by the Contractor at a site could have been accomplished using equipment chargeable at a lower rate than the equipment chosen by a Contractor; or (2) A Contractor has substituted equipment at a site resulting in a Contractor charging a higher equipment rate, then the allowable equipment charges for any such equipment shall be limited to the lowest equipment rate for equipment which the Client Agency, in its sole discretion, determines should or would have been sufficient to complete the tasks performed. A Contractor may only seek and receive reimbursement for equipment when the equipment at a site is operational. If, for any reason, equipment used at a site becomes inoperable or unusable resulting in a Contractor having to procure, purchase or rent replacement equipment, the allowable equipment charges for any such replacement equipment shall be limited to the equipment rate in effect for the equipment being replaced or the actual costs to the Contractor of procuring or renting replacement equipment, whichever the Client Agency, in its sole discretion, determines is lower. Contractor shall not seek or receive equipment related reimbursement of any kind for: (1) Repairs to equipment including, but not limited to, labor and parts; (2) Any and all costs associated with repairing or replacing inoperable equipment; (3) Any and all costs including, but not limited to, any rental, operational or other cost attributable to any period when the equipment reflected in such costs was inoperable or unusable; (4) Fuel, oil, replacement filters or similar consumables; and (5) Equipment brought to the site, which the Client Agency, in its sole discretion, determines is unnecessary.