Common use of Contractor’s Estimate Clause in Contracts

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 2.4 of this Section 3, Sub-hubco shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Sub-hubco to achieve the Actual Completion Date by the Completion Date [an Actual Phase Completion Date by the relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 12 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" Costing of the Estimate In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Sub-hubco shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Sub-hubco’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Sub-hubco must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 4.1 to 4.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Sub-hubco’s time, or that of any Sub-hubco Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Sub-hubco); and where aspects of the Medium Value Change are not addressed by paragraphs 4.1 to 4.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. Standards of provision of the Estimate In providing the Estimate Sub-hubco must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 3.7 and/or 3.8 of this Section 3; and provide written evidence of Sub-hubco’s compliance with paragraphs 5.1 to 5.3of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 2.4 261.4 of this Section 3, Sub-hubco Project Co shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Sub-hubco Project Co to achieve the Actual Completion Date by the Completion Date [an Actual Phase Completion Date Date] by the Completion Date [relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 12 271 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" Costing of the Estimate In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Sub-hubco Project Co shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Sub-hubcoProject Co’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Sub-hubco Project Co must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 4.1 263.1 to 4.3 263.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Sub-hubcoProject Co’s time, or that of any Sub-hubco Project Co Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Sub-hubcoProject Co); and where aspects of the Medium Value Change are not addressed by paragraphs 4.1 263.1 to 4.4 263.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. Standards of provision of the Estimate In providing the Estimate Sub-hubco Project Co must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 3.7 262.7 and/or 3.8 262.8 of this Section 3; and provide written evidence of Sub-hubcoProject Co’s compliance with paragraphs 5.1 264.1 to 5.3of 264.3 of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 2.4 of this Section 3, Sub-hubco DBFM Co shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Sub-hubco DBFM Co to achieve the Actual Completion Date by the Completion Date [an Actual Phase Completion Date by the relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 12 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" Costing of the Estimate In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Sub-hubco DBFM Co shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Sub-hubcoDBFM Co’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Sub-hubco DBFM Co must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 4.1 to 4.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Sub-hubcoDBFM Co’s time, or that of any Sub-hubco DBFM Co Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Sub-hubcoDBFM Co); and where aspects of the Medium Value Change are not addressed by paragraphs 4.1 to 4.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. Standards of provision of the Estimate In providing the Estimate Sub-hubco DBFM Co must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 3.7 and/or 3.8 of this Section 3; and provide written evidence of Sub-hubcoDBFM Co’s compliance with paragraphs 5.1 to 5.3of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 2.4 of this Section 3, Sub-hubco Project Co shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Sub-hubco Project Co to achieve the [Actual Completion Date by the Completion Date Date] [an Actual Phase Completion Date by the relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 12 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" Costing of the Estimate In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Sub-hubco shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Sub-hubco’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Sub-hubco must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 4.1 to 4.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Sub-hubco’s time, or that of any Sub-hubco Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Sub-hubco); and where aspects of the Medium Value Change are not addressed by paragraphs 4.1 to 4.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. Standards of provision of the Estimate In providing the Estimate Sub-hubco must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 3.7 and/or 3.8 of this Section 3; and provide written evidence of Sub-hubco’s compliance with paragraphs 5.1 to 5.3of this Section 3.