Common use of Developer’s Estimate of Authority Change Requests Clause in Contracts

Developer’s Estimate of Authority Change Requests. 10.3.1 As soon as practicable and in any event within fifteen (15) Business Days after having received an Authority Change Request, Developer shall deliver to the Authority an estimate of costs and expenses and other matters with respect to such Authority Change Request (a “Developer’s Estimate”), or confirmation as to when a Developer’s Estimate is to be provided to the Authority (provided, that Developer shall use all Reasonable Efforts to prepare its Developer’s Estimate within thirty (30) Business Days after having received the Authority Change Request, unless further extended by the Authority acting reasonably). A Developer’s Estimate shall include the following: 10.3.1.1 whether relief from compliance with its obligations under this Agreement is required during the implementation of the Authority Change; 10.3.1.2 any impact on the provision of the Works, including whether the proposed change is in contravention of Section 10.1 (Authority Changes); 10.3.1.3 any amendment required to this Agreement as a result of the Authority Change; 10.3.1.4 any amounts that Developer would propose to claim in respect of the Authority Change pursuant to Section 12.2 (Compensation Events); 10.3.1.5 any consents or permits which are required; 10.3.1.6 the proposed method of certification of any construction or operational aspects of the Extra Work required by the proposed Authority Change if not covered by the procedures set out in this Agreement; 10.3.1.7 a scope of work, which shall be described in sufficient detail and broken down into suitable components and activities to enable pricing. The work breakdown shall include all activities associated with the proposed modification, including a description of additions, deletions and modifications to the Requirements and Provisions for Work; 10.3.1.8 a cost estimate that will enable the Authority to review and evaluate the reasonableness of the Developer's Estimate. Developer’s cost estimate shall identify a “base amount” representing the amount established based on estimated quantities and unit rates presented according to line or pay items typically included on construction project bid sheets by the Authority and separated by labor, materials and equipment. The cost estimate shall include a pricing form identifying which Work items have been priced based on estimated quantities and unit rates and which items have been priced on another basis, with reasons; 10.3.1.9 a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 0.3.2 of the General Conditions) demonstrating that the proposed Authority Change will result in an identifiable and measurable disruption to the Work, which will impact a Critical Path activity (i.e. would consume all available float and would extend the time required to achieve Substantial Completion, Final Acceptance or D&C Work Completion, as applicable); 10.3.1.10 acceleration costs, but only when the Authority requires Developer pricing to accommodate an acceleration in any D&C Work; and 10.3.1.11 such other supporting documentation as may be reasonably required by the Authority. 10.3.2 The Developer’s Estimate shall be accompanied by a certification by Developer stating that: (a) to the best of Developer's knowledge, the amount of time and/or compensation requested is justified as to entitlement and amount, (b) the amount of time and/or compensation requested includes all known and anticipated impacts or amount, direct, indirect and consequential, which may be incurred as a result of the event or matter giving rise to the proposed change, and (c) the cost and pricing data is complete, accurate and current. 10.3.3 Developer’s requested compensation for the Authority Change in a Developer’s Estimate shall be subject to audit review by the Authority in accordance with Section 26.2 (Audits).