Common use of Development Entity’s Estimate of Department Change Requests Clause in Contracts

Development Entity’s Estimate of Department Change Requests. (a) As soon as practicable and in any event within fifteen (15) Business Days after having received a Department Change Request, the Development Entity shall deliver to the Department an estimate of costs and expenses and other matters with respect to such Department Change Request (a Development Entity’s Estimate), or confirmation as to when a Development Entity’s Estimate is to be provided to the Department (provided, that the Development Entity shall use all Reasonable Efforts to prepare its Development Entity’s Estimate within thirty (30) Business Days after having received the Department Change Request, unless further extended by the Department acting reasonably). A Development Entity’s Estimate shall include the following: (i) whether relief from compliance with its obligations under this PPA is required during the implementation or as a result of the Department Change; (ii) any impact on the provision of the Project Services, including any potential cost impact on future Maintenance Work and whether the proposed change is in contravention of Section 10.1 (Department Changes); (iii) any amendment required to this PPA as a result of the Department Change; (iv) any amounts that the Development Entity would propose to claim in respect of the Department Change pursuant to Section 12.2 (Compensation Events); (v) any consents or permits which are required; (vi) the proposed method of certification of any construction aspects of the Extra Work required by the proposed Department Change if not covered by the procedures set out in this PPA; (vii) 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 Technical Provisions; (viii) a cost estimate that will enable the Department to review and evaluate the reasonableness of the Development Entity’s Estimate. The Development Entity’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 Department and separated by labor, materials and equipment. The cost estimate shall include a pricing form identifying which items have been priced based on estimated quantities and unit rates and which items have been priced on another basis, with reasons; (ix) to the extent that the Development Entity believes that the relevant Department Change would result in a delay to the Project Services, a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 2 (Project Management Plan) of the Technical Provisions) demonstrating that the proposed Department Change will result in an identifiable and measurable disruption to the Project Services; (x) acceleration costs, but only when the Department requires the Development Entity pricing to accommodate an acceleration in any D&C Work; and (xi) such other supporting documentation as may be reasonably required by the Department. (b) The Development Entity’s Estimate shall be accompanied by a certification by the Development Entity stating that: (i) to the best of the Development Entity’s knowledge, the amount of time and/or compensation requested is justified as to entitlement and amount, (ii) 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 (iii) the cost and pricing data is complete, accurate and current. (c) The Development Entity’s requested compensation for the Department Change in a Development Entity’s Estimate shall be subject to audit review by the Department in accordance with Section 26.2 (Audits).

Development Entity’s Estimate of Department Change Requests. (a) As soon as practicable and in any event within fifteen (15) Business Days after having received a Department Change Request, the Development Entity shall deliver to the Department an estimate of costs and expenses and other matters with respect to such Department Change Request (a Development Entity’s Estimate), or confirmation as to when a Development Entity’s Estimate is to be provided to the Department (provided, that the Development Entity shall use all Reasonable Efforts to prepare its Development Entity’s Estimate within thirty (30) Business Days after having received the Department Change Request, unless further extended by the Department acting reasonably). A Development Entity’s Estimate shall include the following: (i) whether relief from compliance with its obligations under this PPA is required during the implementation or as a result of the Department Change; (ii) any impact on the provision of the Project Services, including any potential cost impact on future Maintenance Work and whether the proposed change is in contravention of Section 10.1 (Department Changes); (iii) any amendment required to this PPA as a result of the Department Change; (iv) any amounts that the Development Entity would propose to claim in respect of the Department Change pursuant to Section 12.2 (Compensation Events); (v) any consents or permits which are required; (viv) the proposed method of certification of any construction aspects of the Extra Work required by the proposed Department Change if not covered by the procedures set out in this PPA; (viivi) 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 Technical Provisions; (viiivii) a cost estimate that will enable the Department to review and evaluate the reasonableness of the Development Entity’s Estimate. The Development Entity’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 Department and separated by labor, materials and equipment. The cost estimate shall include a pricing form identifying which items have been priced based on estimated quantities and unit rates and which items have been priced on another basis, with reasons; (ixviii) to the extent that the Development Entity believes that the relevant Department Change would result in a delay to the Project Services, a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 2 (Project Management Plan) of the Technical Provisions) demonstrating that the proposed Department Change will result in an identifiable and measurable disruption to the Project Services; (xix) acceleration costs, but only when the Department requires the Development Entity pricing to accommodate an acceleration in any D&C Work; and (xix) such other supporting documentation as may be reasonably required by the Department. (b) The Development Entity’s Estimate shall be accompanied by a certification by the Development Entity stating that: (i) to the best of the Development Entity’s knowledge, the amount of time and/or compensation requested is justified as to entitlement and amount, (ii) 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 (iii) the cost and pricing data is complete, accurate and current. (c) The Development Entity’s requested compensation for the Department Change in a Development Entity’s Estimate shall be subject to audit Audit review by the Department in accordance with Section 26.2 26.1(c) (Audits).The Development Entity shall retain records and documents in accordance with Section 3 of Schedule 15. Notwithstanding the foregoing, all records, which relate to Disputes being processed or actions brought under the Dispute Resolution Procedures shall be retained and made available until any later date that such Disputes and actions are finally resolved; provided, that the Development Entity reserves the right to assert exemptions from disclosure of information that would be exempt under Applicable Law from disclosure or introduction into evidence in legal actions. At the request of the Department, the Development Entity shall, at the Development Entity’s cost and expense and at any and all reasonable times during the Term: (i) make available or cause to be made available to the Department all Information relating to the Project or this PPA as may be specified in such request and as shall be in the possession or control of the Development Entity and

Development Entity’s Estimate of Department Change Requests. (a) As soon as practicable and in any event within fifteen (15) Business Days after having received a Department Change Request, the Development Entity shall deliver to the Department an estimate of costs and expenses and other matters with respect to such Department Change Request (a Development Entity’s Estimate), or confirmation as to when a Development Entity’s Estimate is to be provided to the Department (provided, that the Development Entity shall use all Reasonable Efforts to prepare its Development Entity’s Estimate within thirty (30) Business Days after having received the Department Change Request, unless further extended by the Department acting reasonably). A Development Entity’s Estimate shall include the following: (i) whether relief from compliance with its obligations under this PPA is required during the implementation or as a result of the Department Change; (ii) any impact on the provision of the Project ServicesWorks, including any potential cost impact on future Maintenance Work and whether the proposed change is in contravention of Section 10.1 (Department Changes); (iii) any amendment required to this PPA as a result of the Department Change; (iv) any amounts that the Development Entity would propose to claim in respect of the Department Change pursuant to Section 12.2 (Compensation Events); (v) any consents or permits which are required; (vi) the proposed method of certification of any construction aspects of the Extra Work required by the proposed Department Change if not covered by the procedures set out in this PPA; (vii) 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 Technical Provisions; (viii) a cost estimate that will enable the Department to review and evaluate the reasonableness of the Development Entity’s Estimate. The Development Entity’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 Department 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; (ix) to the extent that the Development Entity believes that the relevant Department Change would result in a delay to the Project ServicesWork, a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 2 (Project Management PlanManagement) of the Technical Provisions) demonstrating that the proposed Department Change will result in an identifiable and measurable disruption to the Project ServicesWork; (x) acceleration costs, but only when the Department requires the Development Entity pricing to accommodate an acceleration in any D&C Work; and (xi) such other supporting documentation as may be reasonably required by the Department. (b) The Development Entity’s Estimate shall be accompanied by a certification by the Development Entity stating that: (i) to the best of the Development Entity’s knowledge, the amount of time and/or compensation requested is justified as to entitlement and amount, (ii) 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 (iii) the cost and pricing data is complete, accurate and current. (c) The Development Entity’s requested compensation for the Department Change in a Development Entity’s Estimate shall be subject to audit review by the Department in accordance with Section 26.2 (Audits).