2023-03-14-minutes-solid-waste-and-maintenance

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include fees paid to ESCO divisions performing work in a manner similar to that of subcontractors. B. Equipment/Supplies Costs. These shall include all items purchased directly by ESCO (not by a subcontractor) that become part of the installation, including excess equipment, supplies and inventory that will become part of the installation, including any sales tax or use tax. C. Miscellaneous Costs/General Conditions. These shall include all direct costs incurred by ESCO (not paid for through a subcontractor) that do not become part of the installation and that are specifically attributable to this project. Direct cost includes, but is not limited to, permits, fees, travel costs, shipping, copying, office and third party rentals, project office improvement expenses, office expenses, labor for project management and site supervision, M&V set-up, mobilization, de -mobilization, temporary power, data, internet, and all wireless communication costs. All Direct costs shall be subject to a reasonable and necessary standard. Section 4.7. Excluded from Costs of the Work. The Costs of the Work shall not include: A. Wages or salaries of ESCO's personnel NOT involved in the development, design, or implementation of the project. This exclusion does not include ESCO personnel that are involved in self -performed work, project development, project implementation, project management, performance assurance, and otherwise billable to the project. B. Costs, other than costs included in written change orders approved by the Owner that would cause the Guaranteed Maximum Implementation Cost to be exceeded. C. Legal, mediation, and arbitration costs incurred by ESCO and relating to the project, except for legal fees recoverable under Section 21.1. D. Errors or omissions associated with design in coordination, scheduling and interfacing of various work in the separate work categories or divisions shall not increase the Guaranteed Maximum Implementation Cost, but are reimbursable within the Guaranteed Maximum Implementation Cost. Included in Table 4.1 Section 4.8. Refunds and Rebates. Trade discounts, rebates, refunds and amounts received from sales of surplus materials or equipment shall accrue to the Owner and ESCO shall use its best efforts to assist the Owner in providing information to allow the Owner to secure all available refunds and rebates. Section 4.9. Pricing Details. A. Upon the execution of a Certificate of Acceptance, if the Total Project Cost is less than the Guaranteed Maximum Implementation Cost, then the difference between the actual and estimated costs may, at the Owner's discretion, be used to implement more projects per the terms of this Contract, provided that the difference is sufficient to fund additional projects. ESCO shall apply the fee structure to those additional projects per Schedule C, Project Budget Summary Table. For purposes of those additional projects, a ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 6