Common use of Miscellaneous Costs Clause in Contracts

Miscellaneous Costs. 9.2.5.1. Sales, use, or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor is liable. Notwithstanding, Owner is a government organization and Contractor shall avail itself of all exemptions which may exist for such taxes based on Owner’s status. 9.2.5.2. Fees and assessments for building permits and for other permits and inspections that Contractor is required by the Contract Documents to pay for or obtain. 9.2.5.3. Premiums for insurance and bonds to the extent directly attributable to this Agreement, including without limitation professional liability insurance and pollution insurance. Any premium allocation plan to this Project by Contractor must be approved by the Owner. 9.2.5.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by Owner, then costs of payments made in accordance with legal judgments against Contractor resulting from suits for such infringement, payments of settlements made with Owner’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of Contractor’s Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor shall be responsible for such payments, fees and losses unless Contractor notifies Owner of the potential infringement promptly before proceeding and in writing. 9.2.5.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.7. Contingency allowed by the Contract Documents and identified as a line item in the Schedule of Values. 9.2.5.8. Costs of cell phones and vehicles, not otherwise included in the labor burden, for those employees approved by the Owner. 9.2.5.9. Costs of on-site computers, printers, monitors, software, maintenance, and other electronic equipment approved in advance and in writing by the Owner, used solely for the Project. 9.2.5.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, or charges of any type, and only as agreed to in advance by the Owner following full transparency into the policy and the charges. 9.2.5.11. Other costs approved in advance in writing by Owner at Owner’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by Owner.

Miscellaneous Costs. 9.2.5.18.4.6.1. Sales, use, or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor DESIGN BUILD CONTRACTOR is liable. Notwithstanding, Owner City is a government organization home-rule municipal corporation and Contractor DESIGN BUILD CONTRACTOR shall avail itself of all exemptions which may exist for such taxes based on OwnerCity’s status. 9.2.5.28.4.6.2. Fees and assessments for building permits and for other permits and inspections that Contractor DESIGN BUILD CONTRACTOR is required by the Contract Documents to pay for or obtain. 9.2.5.38.4.6.3. Premiums for insurance and bonds to the extent directly attributable to this Agreement, including without limitation professional liability insurance and pollution insuranceexcept as set forth in Section 11.2. Any premium allocation plan to this Project by Contractor DESIGN BUILD CONTRACTOR must be approved by the OwnerCity’s Legal Department. 9.2.5.48.4.6.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.58.4.6.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by OwnerCity, then costs of payments made in accordance with legal judgments against Contractor DESIGN BUILD CONTRACTOR resulting from suits for such infringement, payments of settlements made with OwnerCity’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of ContractorDESIGN BUILD CONTRACTOR’s Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor DESIGN BUILD CONTRACTOR had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor DESIGN BUILD CONTRACTOR shall be responsible for such payments, fees and losses unless Contractor DESIGN BUILD CONTRACTOR notifies Owner Director of the potential infringement promptly before proceeding and in writing. 9.2.5.68.4.6.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.78.4.6.7. Contingency allowed by the Contract Documents Documents, and identified as a line item in the Schedule of Values. 9.2.5.88.4.6.8. Costs of cell phones and vehicles, not otherwise included in the labor burdenLabor Burden, for those employees approved by the OwnerDirector. 9.2.5.98.4.6.9. Costs of on-site computers, printers, monitors, software, maintenance, maintenance and other electronic equipment approved in advance and in writing by the OwnerDirector, used solely for the Project. 9.2.5.108.4.6.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, prepayments or charges of any type, and only as agreed to in advance by the Owner Director following full transparency into the policy and the charges. 9.2.5.118.4.6.11. Other costs approved in advance in writing by Owner Director at OwnerDirector’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP including approved allocation and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage use of completion. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by OwnerContingency.

Miscellaneous Costs. 9.2.5.18.4.6.1. Sales, use, use or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor XXXX is liable. Notwithstanding, Owner City is a government organization home-rule municipal corporation and Contractor XXXX shall avail itself of all exemptions which may exist for such taxes based on OwnerCity’s status. 9.2.5.28.4.6.2. Fees and assessments for building permits and for other permits and inspections that Contractor XXXX is required by the Contract Documents to pay for or obtain. 9.2.5.38.4.6.3. Premiums for insurance and bonds to the extent directly attributable to this Agreement, including without limitation professional liability insurance and pollution insurance. Any premium allocation plan to this Project by Contractor XXXX must be approved by the OwnerCity’s Legal Department. 9.2.5.48.4.6.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.58.4.6.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by OwnerCity, then costs of payments made in accordance with legal judgments against Contractor XXXX resulting from suits for such infringement, payments of settlements made with OwnerCity’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of Contractor’s XXXX’x Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor XXXX had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor XXXX shall be responsible for such payments, fees and losses unless Contractor XXXX notifies Owner Director of the potential infringement promptly before proceeding and in writing. 9.2.5.68.4.6.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.78.4.6.7. Contingency allowed by the Contract Documents Documents, and identified as a line item in the Schedule of Values. 9.2.5.88.4.6.8. Costs of cell phones and vehicles, not otherwise included in the labor burden, for those employees approved by the OwnerDirector. 9.2.5.98.4.6.9. Costs of on-site computers, printers, monitors, software, maintenance, maintenance and other electronic equipment approved in advance and in writing by the OwnerDirector, used solely for the Project. 9.2.5.108.4.6.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, prepayments or charges of any type, and only as agreed to in advance by the Owner Director following full transparency into the policy and the charges. 9.2.5.118.4.6.11. Other costs approved in advance in writing by Owner Director at OwnerDirector’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by Owner.

Miscellaneous Costs. 9.2.5.1. Sales, use, or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor is liable. Notwithstanding, Owner is a government organization and Contractor shall avail itself of all exemptions which may exist for such taxes based on Owner’s status. 9.2.5.2. Fees and assessments for building permits and for other permits and inspections that Contractor is required by the Contract Documents to pay for or obtain. 9.2.5.3. Premiums for insurance and bonds to the extent directly attributable to this Agreement, including without limitation professional liability insurance and pollution insurance. Any premium allocation plan to this Project by Contractor must be approved by the Owner. 9.2.5.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by Owner, then costs of payments made in accordance with legal judgments against Contractor resulting from suits for such infringement, payments of settlements made with Owner’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of Contractor’s Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor shall be responsible for such payments, fees and losses unless Contractor notifies Owner of the potential infringement promptly before proceeding and in writing. 9.2.5.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.7. Contingency allowed by the Contract Documents and identified as a line item in the Schedule of Values. 9.2.5.8. Costs of cell phones and vehicles, not otherwise included in the labor burden, for those employees approved by the Owner. 9.2.5.9. Costs of on-site computers, printers, monitors, software, maintenance, and other electronic equipment approved in advance and in writing by the Owner, used solely for the Project. 9.2.5.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, or charges of any type, and only as agreed to in advance by the Owner following full transparency into the policy and the charges. 9.2.5.11. Other costs approved in advance in writing by Owner at Owner’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completionactual expense. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by Owner.

Miscellaneous Costs. 9.2.5.18.4.6.1. Sales, use, or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor XXXX is liable. Notwithstanding, Owner City is a government organization home-rule municipal corporation and Contractor XXXX shall avail itself of all exemptions which may exist for such taxes based on OwnerCity’s status. 9.2.5.28.4.6.2. Fees and assessments for building permits and for other permits and inspections that Contractor XXXX is required by the Contract Documents to pay for or obtain. 9.2.5.38.4.6.3. Premiums for insurance and bonds to the extent directly attributable to this Agreement, including without limitation professional liability insurance and pollution insurance. Any premium allocation plan to this Project by Contractor XXXX must be approved by the OwnerCity’s Legal Department. 9.2.5.48.4.6.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.58.4.6.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by OwnerCity, then costs of payments made in accordance with legal judgments against Contractor XXXX resulting from suits for such infringement, payments of settlements made with OwnerCity’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of Contractor’s XXXX’x Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor XXXX had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor XXXX shall be responsible for such payments, fees and losses unless Contractor XXXX notifies Owner Director of the potential infringement promptly before proceeding and in writing. 9.2.5.68.4.6.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.78.4.6.7. Contingency allowed by the Contract Documents Documents, and identified as a line item in the Schedule of Values. 9.2.5.88.4.6.8. Costs of cell phones and vehicles, not otherwise included in the labor burden, for those employees approved by the OwnerDirector. 9.2.5.98.4.6.9. Costs of on-site computers, printers, monitors, software, maintenance, maintenance and other electronic equipment approved in advance and in writing by the OwnerDirector, used solely for the Project. 9.2.5.108.4.6.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, prepayments or charges of any type, and only as agreed to in advance by the Owner Director following full transparency into the policy and the charges. 9.2.5.118.4.6.11. Other costs approved in advance in writing by Owner Director at OwnerDirector’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by Owner.

Miscellaneous Costs. 9.2.5.18.4.6.1. Sales, use, use or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor DESIGN BUILD CONTRACTOR is liable. Notwithstanding, Owner City is a government organization home-rule municipal corporation and Contractor DESIGN BUILD CONTRACTOR shall avail itself of all exemptions which may exist for such taxes based on OwnerCity’s status. 9.2.5.28.4.6.2. Fees and assessments for building permits and for other permits and inspections that Contractor DESIGN BUILD CONTRACTOR is required by the Contract Documents to pay for or obtain. 9.2.5.38.4.6.3. Premiums for insurance and bonds to the extent directly attributable to this Agreement, including without limitation professional liability insurance and pollution insurance. Any premium allocation plan to this Project by Contractor DESIGN BUILD CONTRACTOR must be approved by the OwnerCity’s Legal Department. 9.2.5.48.4.6.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.58.4.6.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by OwnerCity, then costs of payments made in accordance with legal judgments against Contractor DESIGN BUILD CONTRACTOR resulting from suits for such infringement, payments of settlements made with OwnerCity’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of ContractorDESIGN BUILD CONTRACTOR’s Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor DESIGN BUILD CONTRACTOR had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor DESIGN BUILD CONTRACTOR shall be responsible for such payments, fees and losses unless Contractor DESIGN BUILD CONTRACTOR notifies Owner Director of the potential infringement promptly before proceeding and in writing. 9.2.5.68.4.6.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.78.4.6.7. Contingency allowed by the Contract Documents Documents, and identified as a line item in the Schedule of Values. 9.2.5.88.4.6.8. Costs of cell phones and vehicles, not otherwise included in the labor burdenLabor Burden, for those employees approved by the OwnerDirector. 9.2.5.9. Costs of on-site computers, printers, monitors, software, maintenance, and other electronic equipment approved in advance and in writing by the Owner, used solely for the Project. 9.2.5.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, or charges of any type, and only as agreed to in advance by the Owner following full transparency into the policy and the charges. 9.2.5.118.4.6.9. Other costs approved in advance in writing by Owner Director at OwnerDirector’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP including approved allocation and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage use of completion. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by OwnerContingency.

Miscellaneous Costs. 9.2.5.18.4.7.1. Sales, use, or similar taxes imposed by a governmental authority that are related to the Work and for which Contractor DESIGN-BUILD CONTRACTOR is liable. Notwithstanding, Owner City is a government organization home-rule municipal corporation and Contractor DESIGN-BUILD CONTRACTOR shall avail itself of all exemptions which may exist for such taxes based on OwnerCity’s status. 9.2.5.28.4.7.2. Fees and assessments for building permits and for other permits and inspections that Contractor DESIGN-BUILD CONTRACTOR is required by the Contract Documents to pay for or obtain. 9.2.5.38.4.7.3. Premiums Except as set forth in Section 11.2, premiums for insurance and bonds to the extent directly attributable to this AgreementContract, including including, without limitation limitation, professional liability insurance and pollution insurance. Any premium allocation plan to this Project by Contractor DESIGN-BUILD CONTRACTOR must be approved by the OwnerCity’s Legal Department. 9.2.5.48.4.7.4. Testing fees pursuant to the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded. 9.2.5.58.4.7.5. Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. If a particular design, process, or product of a particular manufacturer is required by OwnerCity, then costs of payments made in accordance with legal judgments against Contractor DESIGN-BUILD CONTRACTOR resulting from suits for such infringement, payments of settlements made with OwnerCity’s written consent, and reasonable legal fees related to the infringement are eligible as a Cost of the Work and shall not be included in the calculation of ContractorDESIGN-BUILD CONTRACTOR’s Fee or the Guaranteed Maximum Price (but shall still be subject to the limit covered by the Appropriated Funds). Notwithstanding the foregoing, if Contractor DESIGN-BUILD CONTRACTOR had reason to believe the required design, process, or product is an infringement, such payments and fees shall not be a Cost of the Work and Contractor DESIGN-BUILD CONTRACTOR shall be responsible for such payments, fees and losses unless Contractor DESIGN- BUILD CONTRACTOR notifies Owner Director of the potential infringement promptly before proceeding and in writing. 9.2.5.68.4.7.6. Utility company charges including meter fees, tap fees and utility consumption charges. 9.2.5.78.4.7.7. Contingency allowed by the Contract Documents Documents, and identified as a line item in the Schedule of Values. 9.2.5.88.4.7.8. Costs of cell phones and vehicles, not otherwise included in the labor burdenLabor Burden, for those employees approved by the OwnerDirector. 9.2.5.98.4.7.9. Costs of on-site computers, printers, monitors, software, maintenance, maintenance and other electronic equipment approved in advance and in writing by the OwnerDirector, used solely for the Project. 9.2.5.108.4.7.10. That portion of the cost of subcontractor default insurance or similar product for enrolled subcontractors or suppliers, which comprises only the risk transfer premium, and not prefunded deductibles or any other deposits, prepayments, prepayments or charges of any type, and only as agreed to in advance by the Owner Director following full transparency into the policy and the charges. 9.2.5.118.4.7.11. Other costs approved in advance in writing by Owner Director at OwnerDirector’s sole option and discretion 9.2.5.12. Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Contractor shall promptly report to Owner any occasion in which the rates paid is lower than the estimated price included in the GMP for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s records and Contractor shall promptly make available to Owner all records necessary for such purpose. All items purchased shall become the Owner’s property and shall be turned over at the completion of the project, unless directed otherwise by Owner.