Payment of Design and Construction Costs Sample Clauses

Payment of Design and Construction Costs. All construction engineering, testing, related, and miscellaneous costs for the Improvements shall be paid for by the Parties in accordance with the allocation of estimated costs shown on Exhibit D, attached hereto and hereinafter referred to as the “Cost Allocation”. Any costs for the Improvements exceeding the estimated construction costs shall be treated and proportionally paid the same as those costs depicted on the Cost Allocation exhibit, unless otherwise provided for herein. Proportionally paid shall mean each Party is responsible for one- third of the costs as depicted on the Cost Allocation exhibit, unless otherwise provided herein. City shall invoice Sarpy County and SID NO. 301 for their respective share of the actual construction costs, which Sarpy County and SID NO. 301 shall pay within thirty (30) days after receipt of such invoice. The actual total costs of the Improvements shall include any engineering fees, publication costs, testing expenses, property acquisition, construction costs, materials, and related fees and expenses. The actual total costs shall be split proportionally among the Parties less any fiscal, legal, and interest fees incurred by SID NO. 301 to perform its obligations under this Agreement, which shall be the sole responsibility of SID NO. 301. The actual total costs of the Improvements shall not include any costs of financing or acquiring financing incurred by any Party. Any sums on the Estimate of Costs and the Cost Allocation for (a) Paving (Xxxxxx Road at Frontage, 108th to 111th Street) and (b) Paving (Xxxxxx Road East, 108th to Turkey Road) that are designated as “Future SID” expenses shall initially be paid by Sarpy County. To the extent that Sarpy County pays for such expenses, City, as a condition to City’s approval for future development of the property of tax lot 15 in Section 33, Township 14, Range 12; the NE ¼ of Xxxxxxx 0, Xxxxxxxx 00, Xxxxx00; or the NW ¼ of Section 4, Township 13, Range 12, except for Tax Lots 3A and 4, all of the 6thP.M in Sarpy County, shall require any other Sanitary Improvement District, private developer, or other such entity developing said property, to proportionally reimburse Sarpy County for the “Future SID” expenses after the filing of the final plat or prior to the issuance of a new single-family residential or commercial building permit if a final plat is not required. If the development is being completed in phases the City shall require the Sanitary Improvement District, priv...
Sample 1
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Payment of Design and Construction Costs. The Authority shall authorize the Trustee to make payments to the extent available from the Acquisition Account to pay the Authority's Facility Cost subject to the provisions of this Agreement and the Trust Indenture, upon receipt of a Requisition Certificate signed by an authorized official of the State or Educational Institution, as applicable, approved by the Authority, stating with respect to each payment to be made: (i) the Requisition Certificate number, (ii) the name and address of the person, firm or corporation to whom payment is due, (iii) a description of the Authority's Facility Cost covered by such Requisition Certificate and a statement that the payment is being made for a cost or expense properly chargeable to the Acquisition Account, (iv) the amount to be paid, (v) that each obligation mentioned therein is a proper charge against the Acquisition Account and has not been the basis of any previous payment, (vi) that the cost of the portion of the Facility covered by such Requisition Certificate is not less than the amount to be paid thereunder, (vii) that neither the State nor the Educational Institution is in default under this Agreement and that nothing has occurred to the knowledge of the Educational Institution or the State which prevents the performance of the State’s or the Educational Institution’s obligations under this Agreement, and (viii) that after the payment of the requisition the amount on deposit in the Acquisition Account together with other moneys to be available through the anticipated issuance of additional Notes and funds to be provided by the Educational Institution, together with any moneys appropriated by an appropriation act for construction of the Facility, will be sufficient to complete the Facility by the Contract Completion Date. The State or the Educational Institution, as applicable, shall also provide the Authority, the Bank, and the Trustee with (i) sworn statements and, if appropriate, waivers of lien (satisfactory in form and substance to the Authority) by contractors, subcontractors and for materialmen on the Facility and endorsements to the title insurance policy, if any has been provided pursuant to this Agreement, showing coverage by an amount not less than the moneys which have been expended by the Authority for the Facility, including the disbursement being requested and (ii) an itemization of the Authority's Facility Cost in sufficient detail to evidence incurring of such cost for the payment of which...
Sample 1
Payment of Design and Construction Costs. Incurred by the sub-recipient In consideration of the sub-recipient's acceptance of the responsibilities described in paragraph I, above, the Grantee agrees to the following: A. Upon receipt of a valid claim for payment from the sub-recipient for allowable project costs as specified in the Grantee’s contract with Department, a copy of which is appended as Attachment A of this Contract, and which by this reference is made a part hereof, the Grantee will request the required amount of MHPG funds from Department and upon receipt of these funds, the Grantee will honor the sub- recipient's claim and pay the engineer/architect or contractor accordingly. B. Each payment for engineering and construction costs will be requested from MHPG and sub-recipient funds (if applicable) in amounts that are proportionate to the percentage that such funds represent of the total cost of the project as specified in Exhibit B of Attachment A. C. The Grantee will deduct a retainage from each payment request equal to five percent of the request, submitted by the sub-recipient for construction costs incurred by the project contractor and hold this retainage until construction is completed, the engineer/architect approves final payment, and the project is accepted, all in accordance with the conditions of the construction contract. (Note: A retainage requirement is optional.) D. The Grantee will also withhold one percent of the amount of any claim submitted by the contractor and will forward this amount to the Montana Department of Revenue pursuant to section 15-50-206(2), MCA. E. The Grantee may refuse to pay any claim which it deems not valid under the terms of the MHPG contract with Department (Attachment A). Any agreement between a MHPG grantee and a subrecipient should include a "Scope of Work" which includes a description of the work to be performed, a schedule for completing the work, and a budget. (These items are standard components of any MHPG grant agreement which is referred to here as an attachment.)
Sample 1
Payment of Design and Construction Costs. The Parties acknowledge and agree that the Village has committed to provide a cash reimbursement to the Park District for the design and construction costs of the Stormwater Improvements by FMC, up to one million dollars ($1,000,000.00). Under the terms of the agreement between the Park District and FMC, as the work progresses, FMC’s contractors supplying labor or materials for the construction of the Stormwater Improvements will submit pay requests to the Park District, including lien waivers and sworn statements on forms acceptable to FMC and the Park District. FMC is to forward the pay request, including all supporting documentation, to the Park District for review and approval. Following approval of the pay requests by the Park District, the Park District shall submit the same to the Village. Not more than sixty (60) days following the Village’s receipt of each pay request and the accompanying documentation required hereunder, the Village shall pay the Park District the amount of the approved pay request, and immediately following receipt of said payment, the Park District will pay the contractors the full amount of approved pay requests. The Parties shall continue this process until the Village has provided payments for the design and construction of the Stormwater Improvements in the total amount of one million dollars ($1,000,000.00) The Village shall have no obligation to make payments in excess of one million dollars ($1,000,000.00) towards the design and construction of the Stormwater Improvements. Any remaining costs for the design and construction of the Stormwater Improvements shall be the responsibility of the FMC in accordance with the terms of their agreement with the Park District.
Sample 1

Related to Payment of Design and Construction Costs

  • Design and Construction In complying with the requirements of the specification both with respect to arrangement and detail, design is to conform to the best current engineering practice. Each of the several parts of the material is to be of the maker’s standard design provided that this design is in general accordance with the specification. The essence of design should be simplicity and reliability in order to give long continuous service with high economy and low maintenance cost. Particular attention should be paid to internal and external access in order to facilitate inspection, cleaning and maintenance. The design dimensions and materials of all parts are to be such that they will not suffer damage as a result of stresses under the most severe conditions. Fully detailed specifications of the several parts of the material are to be submitted describing particularly the materials to be used. The materials used in the construction of the material are to be of the highest quality and selected particularly to meet the duties required of them. Mechanisms are to be constructed to avoid sticking due to rust or corrosion. Workmanship and general finish are to be of the highest class throughout. All similar parts of the material are to be interchangeable. All equipment is to operate without undue vibration and with the least possible amount of noise and is not to cause a nuisance. All equipment is to be designed to minimize the risk of fire and any damage, which may be caused in the event of fire. The equipment is also to be designed to prevent ingress of all vermin, accidental contact with live parts and to minimize the ingress of dust and dirt. The use of materials, which may be liable to attack by termites or other insects, is to be avoided.

  • PRE-CONSTRUCTION PHASE FEE The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writing.

  • Project Construction The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure: 1. Coordination and providing supervision to all Subcontractor and workers; 2. Posting of the prevailing wage scale; 3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel; 4. Conducting weekly on-site safety meetings; 5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day. a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day. b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered. c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation. 6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

  • New Construction If this contract is for a Property that is newly constructed and the new construction option is selected, coverage begins on day one (1) of month thirteen

  • Pre-Construction Phase Employer’s Liability, Workers’ Compensation, Comprehensive General Liability and Comprehensive Automobile Liability in the amounts as set forth in the UGSC.

  • Definitions and Construction 1 1.1 Definitions.....................................................................................1 1.2

  • PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre-Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services:

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • Governing Law and Construction THE VALIDITY, CONSTRUCTION AND ENFORCEABILITY OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF, EXCEPT TO THE EXTENT THAT THE VALIDITY OR PERFECTION OF THE SECURITY INTEREST HEREUNDER, OR REMEDIES HEREUNDER, IN RESPECT OF ANY PARTICULAR COLLATERAL ARE MANDATORILY GOVERNED BY THE LAWS OF A JURISDICTION OTHER THAN THE STATE OF MINNESOTA. Whenever possible, each provision of this Agreement and any other statement, instrument or transaction contemplated hereby or relating hereto shall be interpreted in such manner as to be effective and valid under such applicable law, but, if any provision of this Agreement or any other statement, instrument or transaction contemplated hereby or relating hereto shall be held to be prohibited or invalid under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other statement, instrument or transaction contemplated hereby or relating hereto.

  • ADDITIONAL CONSTRUCTIONS The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.

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