The Business Consideration Fee was not specified in the invitation to bid, to create a point of competition in the bidding process, as discussed earlier.
The most specific guidance came in the then Treasurer's letter approving the project, although this refers only to the Development Fee.
I note that there are a number of risks to the project's final cost outcome, including … RTA's ability to manage and control the costs it is required to fund out of the preferred proponent's Development Fee, including land acquisition and utility adjustments.
In particular, it was not made clear whether the RTA should use the Business Consideration Fee for any increase in its development costs, or other costs. Also, it was not clear how the RTA should deal with any surplus or deficit from this fee.