SCHEDULE 29  DESIGN PROPOSAL

[Note: Design Proposals are to be sufficiently developed at Final Tender stage to ensure that the Bidder's proposals and capex assumptions in the Base Case are robust.  Authorities should give Bidders suitable guidance about the requirements for Design Proposals at CFT.

At Financial Close, the Design Proposals should be sufficiently developed to enable the Contractor to submit its Planning Application as soon as reasonably practicable thereafter. The Design Proposals should also be sufficiently developed and "final" as far as the Authority is concerned so that material changes cannot be made other than by a Contractor Change.

After Financial Close, during the planning process and before construction commences, the Contractor will be expected to undertake design development and agree final designs with the Construction Sub-Contractor but this should be at a level that does not alter or change what is agreed to be the Design Proposal in this Schedule 29.

In effect, this means the parties will not need to include extensive Reviewable Design Data because the review process will have occurred during dialogue, fine tuning and clarification prior to Financial Close).  However, the review during the procurement and the inclusion of the Design Proposal shall not diminish the liability and responsibility of the Contractor to provide a design that will achieve the Authority's Requirements.]