Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met:
12.3.3.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material.
12.3.3.2. All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens.
12.3.3.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items.
12.3.3.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor as evidenced by a xxxx of sale supported by paid invoice.
Unincorporated Materials. The cost of materials, products, supplies and equipment not actually installed or incorporated into the Self-Performed Work, but required to provide a reasonable allowance for waste or spoilage, subject to the Design-Builder's agreement to turn unused excess materials over to the Department at the completion of the Project or, at the Department's option, to sell the material and pay the proceeds to the Department or give the Department a credit in the amount of the proceeds against the Cost of the Work.
Unincorporated Materials. Delivery to the Disbursement Agent and the Construction Consultant of a written inventory in the form of Appendix X to the Company's Advance Request identifying all materials, machinery, fixtures, furniture, equipment or other items purchased or manufactured for incorporation into the Project but which, at the time of the Advance Request, (i) are not located at the Site and for which the Company has paid all or a portion of the purchase price, or (ii) are located at the Site but are not expected to be incorporated into the Project within thirty (30) days after such Advance Request (such materials, specifically excluding live plants, the "Unincorporated Materials") and including the value thereof, together with evidence reasonably satisfactory to the Construction Consultant and the Disbursement Agent that the following conditions have been satisfied with respect to such Unincorporated Materials:
(a) all Unincorporated Materials for which full payment has previously been made or is being made with the proceeds of the Advance to be disbursed are, or will be, upon full payment owned by the Company, as evidenced by the bills of sale, certificates of title or other evidence reasonably satisfactory to the Construction Consultant, and all lien rights or claims of the supplier has been or will be released simultaneously with such full payment and all amounts, if any, required to be paid to the supplier thereof with respect to the installation of such Unincorporated Materials (including any Retainage Amounts);
(b) the Company believes that the Unincorporated Materials consist of fabricated or unfabricated components that conform to the Final Plans and Specifications and that will be ready for incorporation into the Project upon delivery thereof;
(c) all Unincorporated Materials are properly inventoried, securely stored, protected against theft and damage at the Site or at such other location which has been specifically identified by its complete address to the Construction Consultant and the Disbursement Agent (or if the Company cannot provide the complete address of the current storage location, the Company shall list the name and complete address of the applicable contracting party supplying or manufacturing such Unincorporated Materials);
(d) With respect to any Unincorporated Materials as to which deposit or other partial payments have been made or will be made out of the requested Advance (but which have not been and will not be fully paid after giving effect t...
Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met:
Unincorporated Materials. Cause or permit (a) the value of Unincorporated Materials located at the Site but not expected to be incorporated into the Project within the ensuing calendar month to exceed $10,000,000 at any time, (b) the amounts paid by the Company in respect of Unincorporated Materials not located at the Site to exceed a value of $20,000,000 at any time or (c) the amount of contract deposits paid by the Company in respect of Unincorporated Materials to exceed a value of $30,000,000 at any time. The foregoing limits on Unincorporated Materials may be increased from time to time to an amount mutually agreed upon among the Company, the Construction Consultant and the Disbursement Agent.
Unincorporated Materials. Cause or permit (a) Unincorporated Materials located at the Site to exceed a value of $10,000,000 at any time, (b) amounts paid by the Company in respect of Unincorporated Materials not located at the Site to exceed a value of $20,000,000 at any time or (c) contract deposits for Unincorporated Materials to exceed a value of $30,000,000 at any time. The foregoing limits on Unincorporated Materials may be increased from time to time to an amount mutually agreed upon among the Company, the Construction Consultant and the Disbursement Agent.
Unincorporated Materials. The cost of materials, products, supplies and equipment not actually installed or incorporated into the Self-Performed Work, but required to provide a reasonable allowance for waste or spoilage, subject to the Construction Manager’s agreement to turn unused excess materials over to the Department at the completion of the Project or, at the Department’s option, to sell the material and pay the proceeds to the Department or give the Department a credit in the amount of the proceeds against the Cost of the Work. Royalty and license fees paid for use of a design, process or product, if its use is required by this Agreement or has been approved in advance by the Department; Fees for obtaining all required approvals or permits associated with any abatement, demolition, utilities abandonment, and utility relocation (including utility connection fees), including any and all building and/or trade permits fees; All performance and payment bonds and general liability insurance. The Department may, in its sole discretion, allow the Construction Manager to recover the costs of subcontractor default insurance at a mutually agreed upon rate in lieu of trade level bonds, provided that such insurance be approved by the Department in advance and after being presented with a cost-benefit analysis of such use; All fees and other costs necessarily incurred to carry out testing and inspection required by the Agreement or applicable laws, or otherwise to maintain proper quality assurance. The costs the Construction Manager incurs to schedule and coordinate any additional testing and inspections the Department may decide to conduct itself shall be within Cost of the Work unless the additional testing establishes that the Work tested was defective or otherwise failed to satisfy requirements set forth in the Agreement, in which case the Construction Manager shall pay the costs, without reimbursement; All bonds to jurisdictional agencies (utilities, storm water management, land disturbance, and grading); The Cost of General Conditions, subject however to the Maximum Cost of General Conditions; and Costs of repairing or correcting damaged or nonconforming Work executed by the Architect, or Construction Manager’s other consultants, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager, and only to the extent that the cost of repair or correction is not recov...
Unincorporated Materials. A Payment Milestone may include delivery and storage of permanent materials furnished but not incorporated into the Work as follows (and only as follows): The materials must be delivered to the Site at a secured storage facility accessible by the Authority. The materials shall have been designated or fabricated specifically for the Project. The materials shall consist of one of the following (and nothing else): - Prestressing steel in sealed containers - Prestressing ducts and anchorages - Bearings - Prefabricated joint seals - Bar reinforcing steel - Structural steel (major structures) - Precast concrete sections, including bridge girders - Culvert sections - Pipe (greater than 4 inch diameter) - Light standards If the total quantity of either Class I or Class II Hazardous Waste is greater than or less than the estimated quantity set forth in the Signature Document by more than 25 percent, then either Party may seek an equitable adjustment in accordance with the “Changes” clause (Section 17) of the General Provisions. Book 2, Part A, Subpart 2 - Special Provisions
Unincorporated Materials. Cause or permit (a) the value of Unincorporated Materials located at the site of the Miami Jai-Alai Facility but not expected to be incorporated into the Miami Jai-Alai Facility within the ensuing calendar month to exceed $2,500 at any time, (b) the amounts paid by the Borrower in respect of Unincorporated Materials not located at such site to exceed a value of $3,750 at any time or (c) the amount of contract deposits paid by the Borrower in respect of Unincorporated Materials to exceed a value of $5,000 at any time. The foregoing limits on Unincorporated Materials may be increased from time to time to an amount mutually agreed upon among the Borrower, the Construction Consultant and the Administrative Agent.
Unincorporated Materials. Payment for storage of any materials shall not be made unless the material is stored on site within a secured facility acceptable to and accessible by the Authority. The payment for such material is only be made at [30%] of the schedule of payments associated to it. The activities in the Contract Schedules shall not be progressed based on the stored material but only based on the actual work done on site. All stored material brought to the site and paid for is the property of the Authority and shall not be removed from site without a written approval from the Authority.
