Common use of Complexity Points Adjustment Clause in Contracts

Complexity Points Adjustment. The Proposal shall include the proposed complexity points adjustment on Form T, which shall set forth any adjustment amounts to be deducted, for evaluation purposes only, from the Base Development Price. Proposer shall indicate (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of certain parcels or improvements described in Table 3.3 below, as well as the relevant parcel number(s), (2) the number of complexity points assigned to such eliminated parcel or improvement in Table 3.3, and (3) the amount by which the Base Development Price is reduced as a result of such elimination as set forth in Table 3.3. For the Proposer to receive complexity points credit for parcel numbers where the confict is decribed as “Reduction of ROW”, the Proposer’s design must avoid the parcel in its entirety. Where the conflict is listed as “Improvements/Structures,” “Oil Well,” “Cell Tower” or “Gas Well,” only the listed structures, facilities and associated improvements (including but not limited to parking lots) must be avoided to receive the complexity points credit. In addition, Proposers may identify additional parcels, not shown on Table 3.3, that will be eliminated by Proposer’s design for review and consideration of adjustment amounts, for evaluation purposes only, to be deducted from the Base Development Price. Proposer shall receive an adjustment of $10,000 for each full acre eliminated from the Schematic ROW by avoiding the need to acquire the parcel; provided that for parcels that include less than one acre of Schematic ROW, the Proposer shall receive an adjustment of $10,000. For the Proposer to receive credit for such elimination of a parcel, the Proposer’s design must avoid the parcel in its entirety. For parcels identified pursuant to this paragraph, Proposer shall indicate on Form T, (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of the parcel, including the parcel number, (2) the number of full acres of Schematic ROW reduced by the elimination of the parcel, and (3) the Complexity Point Value at $10,000 per acre, or for parcels that include less than one acre of Schematic ROW, $10,000 per parcel. Partial credit shall not be given for proposed Schematic ROW revisions that do not meet the above criteria. The Proposer shall include the sum of all the adjustments for eliminated parcels and improvements in the last row and column of Form T. 111 5 $250,000 Reduction of ROW 114 5 $250,000 Reduction of ROW 119 5 $250,000 Reduction of ROW 135 6 $300,000 Reduction of ROW 137 6 $300,000 Reduction of ROW 137 9 $450,000 Oil Well 3021489.4211 13946506.7291 142 Pt 1 9 $450,000 Oil Well 3026821.7239 13946688.6011 142 Pt 1 9 $450,000 Oil Well 3026860.8382 13946526.8146 148 5 $250,000 Reduction of ROW 149 9 $450,000 Gas Well 3038361.09 13947234.31 152 10 $500,000 Oil Well 3039720.853 13947556.79 153 9 $450,000 Improvements/Structures 203 4 $200,000 Reduction of ROW 217 5 $250,000 Improvements/Structures 218 4 $200,000 Improvements/Structures 237 9 $450,000 Oil Well 3057237.7140 13955464.7497 239 6 $300,000 Cell Tower 287 8 $400,000 Improvements/Structures 290 3 $150,000 Improvements/Structures 316 9 $450,000 Oil Well 3074855.2532 13963862.2082 329 5 $250,000 Reduction of ROW 330 6 $300,000 Reduction of ROW 341 Pt 2 8 $400,000 Oil Well 3079788.8337 13963804.7788 345 9 $450,000 Oil Well 3080718.6052 13963817.5266 350 6 $300,000 Improvements/Structures 351 6 $300,000 Improvements/Structures 354 5 $250,000 Improvements/Structures 357 3 $150,000 Reduction of ROW 359 4 $200,000 Reduction of ROW 360 8 $400,000 Reduction of ROW 361 6 $300,000 Improvements/Structures 371 3 $150,000 Reduction of ROW 372 3 $150,000 Reduction of ROW 381 9 $450,000 Cell Tower 382 5 $250,000 Reduction of ROW 383 5 $250,000 Reduction of ROW 384 5 $250,000 Reduction of ROW 385 4 $200,000 Reduction of ROW 386 4 $200,000 Reduction of ROW 387 5 $250,000 Reduction of ROW 390 1 $50,000 Reduction of ROW 1. Survey Datum for XY Coordinates: Texas Coordinate Sysem, South Central Zone, North American Datum of 1983, 1993 Adjustment. All distances and coordinates shown are Surface values and may be converted to Grid by dividing by a combined adjustment factor of 1.00013. 2. OIL AND GAS WELL DATA: The above data sets were generated from the Geographic Information System of the Railroad Commission of Texas. Base map information was obtained from U.S. Geological Survey 7.5 minute quadrangle maps. Patent Survey lines from Texas General Land Office maps were interpreted onto the U.S. Geological Survey base. Oil and gas well data and pipeline data were obtained from public records at the Railroad Commission of Texas (the Commission). The data sets provided by this system are continually being updated and refined and are intended solely for the internal use of the Commission. The Commission shall not be held liable for use of these data sets, which are provided as a public service for informational purposes only. PLEASE NOTE that these data sets are NOT intended to be used as an authoritative public record for any geographic location or as a legal document and have no legal force or effect. Users are responsible for checking the accuracy, completeness, currency and/or suitability of these data sets themselves. The Commission makes no representation, guarantee or warranty as to the accuracy, completeness, currency, or suitability of these data sets, which are provided "AS IS." The Commission specifically disclaims any and all warranties, representations or endorsements, expressed or implied, with regard to these data sets, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or non-infringement of privately owned rights.

Complexity Points Adjustment. The Proposal shall include the proposed complexity points adjustment on Form T, which shall set forth any adjustment amounts to be deducted, for evaluation purposes only, from the Base Development Price. Proposer shall indicate (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of certain parcels or improvements described in Table 3.3 below, as well as the relevant parcel number(s), (2) the number of complexity points assigned to such eliminated parcel or improvement in Table 3.3, and (3) the amount by which the Base Development Price is reduced as a result of such elimination as set forth in Table 3.3. For the Proposer to receive complexity points credit for parcel numbers where the confict is decribed as “Reduction of ROW”, the Proposer’s design must avoid the parcel in its entirety. Where the conflict is listed as “Improvements/Structures,” “Oil Well,” “Cell Tower” or “Gas Well,” only the listed structures, facilities and associated improvements (including but not limited to parking lots) must be avoided to receive the complexity points credit. In addition, Proposers may identify additional parcels, not shown on Table 3.3, that will be eliminated by Proposer’s design for review and consideration of adjustment amounts, for evaluation purposes only, to be deducted from the Base Development Price. Proposer shall receive an adjustment of $10,000 for each full acre eliminated from the Schematic ROW by avoiding the need to acquire the parcel; provided that for parcels that include less than one acre of Schematic ROW, the Proposer shall receive an adjustment of $10,000. For the Proposer to receive credit for such elimination of a parcel, the Proposer’s design must avoid the parcel in its entirety. For parcels identified pursuant to this paragraph, Proposer shall indicate on Form T, (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of the parcel, including the parcel number, (2) the number of full acres of Schematic ROW reduced by the elimination of the parcel, and (3) the Complexity Point Value at $10,000 per acre, or for parcels that include less than one acre of Schematic ROW, $10,000 per parcel. Partial credit shall not be given for proposed Schematic ROW revisions that do not meet the above criteria. The Proposer shall include the sum of all the adjustments for eliminated parcels and improvements in the last row and column of Form T. 111 5 $250,000 Reduction of ROW 114 5 $250,000 Reduction of ROW 119 5 $250,000 Reduction of ROW 135 6 $300,000 Reduction of ROW 137 6 $300,000 Reduction of ROW 137 Pt 3 9 $450,000 Oil Well 3021489.4211 13946506.7291 142 Pt 1 2 9 $450,000 Oil Well 3026821.7239 13946688.6011 142 Pt 1 9 $450,000 Oil Well 3026860.8382 13946526.8146 148 5 $250,000 Reduction of ROW Oil Well 149 9 $450,000 Gas Well 3038361.09 13947234.31 152 10 $500,000 Oil Well 3039720.853 13947556.79 153 9 $450,000 Improvements/Structures 203 4 $200,000 Reduction of ROW 217 5 $250,000 Improvements/Structures 218 4 $200,000 Improvements/Structures 237 9 $450,000 Oil Well 3057237.7140 13955464.7497 239 6 $300,000 Cell Tower 287 8 $400,000 Improvements/Structures 290 3 $150,000 Improvements/Structures 316 9 $450,000 Oil Well 3074855.2532 13963862.2082 329 5 $250,000 Reduction of ROW 330 6 $300,000 Reduction of ROW 341 Pt 2 8 $400,000 Oil Well 3079788.8337 13963804.7788 345 9 $450,000 Oil Well 3080718.6052 13963817.5266 350 6 $300,000 Improvements/Structures 351 6 $300,000 Improvements/Structures 354 5 $250,000 Improvements/Structures 357 3 $150,000 Reduction of ROW 359 4 $200,000 Reduction of ROW 360 8 $400,000 Reduction of ROW 361 6 $300,000 Improvements/Structures 371 3 $150,000 Reduction of ROW 372 3 $150,000 Reduction of ROW 381 9 $450,000 Cell Tower 382 5 $250,000 Reduction of ROW 383 5 $250,000 Reduction of ROW 384 5 $250,000 Reduction of ROW 385 4 $200,000 Reduction of ROW 386 4 $200,000 Reduction of ROW 387 5 $250,000 Reduction of ROW 390 1 $50,000 Reduction of ROW 1. Survey Datum for XY Coordinates: Texas Coordinate Sysem, South Central Zone, North American Datum of 1983, 1993 Adjustment. All distances and coordinates shown are Surface values and may be converted to Grid by dividing by a combined adjustment factor of 1.00013. 2. OIL AND GAS WELL DATA: The above data sets were generated from the Geographic Information System of the Railroad Commission of Texas. Base map information was obtained from U.S. Geological Survey 7.5 minute quadrangle maps. Patent Survey lines from Texas General Land Office maps were interpreted onto the U.S. Geological Survey base. Oil and gas well data and pipeline data were obtained from public records at the Railroad Commission of Texas (the Commission). The data sets provided by this system are continually being updated and refined and are intended solely for the internal use of the Commission. The Commission shall not be held liable for use of these data sets, which are provided as a public service for informational purposes only. PLEASE NOTE that these data sets are NOT intended to be used as an authoritative public record for any geographic location or as a legal document and have no legal force or effect. Users are responsible for checking the accuracy, completeness, currency and/or suitability of these data sets themselves. The Commission makes no representation, guarantee or warranty as to the accuracy, completeness, currency, or suitability of these data sets, which are provided "AS IS." The Commission specifically disclaims any and all warranties, representations or endorsements, expressed or implied, with regard to these data sets, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or non-infringement of privately owned rights.

Complexity Points Adjustment. The Proposal shall include the proposed complexity points adjustment on Form T, which shall set forth any adjustment amounts to be deducted, for evaluation purposes only, from the Base Development Price. Proposer shall indicate (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of certain parcels or improvements described in Table 3.3 below, as well as the relevant parcel number(s), (2) the number of complexity points assigned to such eliminated parcel or improvement in Table 3.3, and (3) the amount by which the Base Development Price is reduced as a result of such elimination as set forth in Table 3.3. For the Proposer to receive complexity points credit for parcel numbers where the confict is decribed as “Reduction of ROW”, the Proposer’s design must avoid the parcel in its entirety. Where the conflict is listed as “Improvements/Structures,” “Oil Well,” “Cell Tower” or “Gas Well,” only the listed structures, facilities and associated improvements (including but not limited to parking lots) must be avoided to receive the complexity points credit. In addition, Proposers may identify additional parcels, not shown on Table 3.3, that will be eliminated by Proposer’s design for review and consideration of adjustment amounts, for evaluation purposes only, to be deducted from the Base Development Price. Proposer shall receive an adjustment of $10,000 for each full acre eliminated from the Schematic ROW by avoiding the need to acquire the parcel; provided that for parcels that include less than one acre of Schematic ROW, the Proposer shall receive an adjustment of $10,000. For the Proposer to receive credit for such elimination of a parcel, the Proposer’s design must avoid the parcel in its entirety. For parcels identified pursuant to this paragraph, Proposer shall indicate on Form T, (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of the parcel, including the parcel number, (2) the number of full acres of Schematic ROW reduced by the elimination of the parcel, and (3) the Complexity Point Value at $10,000 per acre, or for parcels that include less than one acre of Schematic ROW, $10,000 per parcel. Partial credit shall not be given for proposed Schematic ROW revisions that do not meet the above criteria. The Proposer shall include the sum of all the adjustments for eliminated parcels and improvements in the last row and column of Form T. 111 5 $250,000 Reduction of ROW 114 5 $250,000 Reduction of ROW 119 5 $250,000 Reduction of ROW 135 6 $300,000 Reduction of ROW 137 6 $300,000 Reduction of ROW 137 9 $450,000 Oil Well 3021489.4211 13946506.7291 142 Pt 1 9 $450,000 Oil Well 3026821.7239 13946688.6011 142 Pt 1 9 $450,000 Oil Well 3026860.8382 13946526.8146 148 5 $250,000 Reduction of ROW 149 9 $450,000 Gas Well 3038361.09 13947234.31 152 10 $500,000 Oil Well 3039720.853 13947556.79 153 9 $450,000 Improvements/Structures 203 4 $200,000 Reduction of ROW 217 5 $250,000 Improvements/Structures 218 4 $200,000 Improvements/Structures 237 9 $450,000 Oil Well 3057237.7140 13955464.7497 239 6 $300,000 Improvements/Structures Cell Tower 287 8 $400,000 Improvements/Structures 290 3 $150,000 Improvements/Structures 316 9 $450,000 Oil Well 3074855.2532 13963862.2082 329 5 $250,000 Reduction of ROW 330 6 $300,000 Reduction of ROW 341 Pt 2 8 $400,000 Oil Well 3079788.8337 13963804.7788 345 9 $450,000 Oil Well 3080718.6052 13963817.5266 350 6 $300,000 Improvements/Structures 351 6 $300,000 Improvements/Structures 354 5 $250,000 Improvements/Structures 357 3 $150,000 Reduction of ROW 359 4 $200,000 Reduction of ROW 360 8 $400,000 Reduction of ROW 361 6 $300,000 Improvements/Structures 371 3 $150,000 Reduction of ROW 372 3 $150,000 Reduction of ROW 381 9 $450,000 Cell Tower 3095771.497 13964275.172 382 5 $250,000 Reduction of ROW 383 5 $250,000 Reduction of ROW 384 5 $250,000 Reduction of ROW 385 4 $200,000 Reduction of ROW 386 4 $200,000 Reduction of ROW 387 5 $250,000 Reduction of ROW 390 1 $50,000 Reduction of ROW 1. Survey Datum for XY Coordinates: Texas Coordinate Sysem, South Central Zone, North American Datum of 1983, 1993 Adjustment. All distances and coordinates shown are Surface values and may be converted to Grid by dividing by a combined adjustment factor of 1.00013. 2. OIL AND GAS WELL DATA: The above data sets were generated from the Geographic Information System of the Railroad Commission of Texas. Base map information was obtained from U.S. Geological Survey 7.5 minute quadrangle maps. Patent Survey lines from Texas General Land Office maps were interpreted onto the U.S. Geological Survey base. Oil and gas well data and pipeline data were obtained from public records at the Railroad Commission of Texas (the Commission). The data sets provided by this system are continually being updated and refined and are intended solely for the internal use of the Commission. The Commission shall not be held liable for use of these data sets, which are provided as a public service for informational purposes only. PLEASE NOTE that these data sets are NOT intended to be used as an authoritative public record for any geographic location or as a legal document and have no legal force or effect. Users are responsible for checking the accuracy, completeness, currency and/or suitability of these data sets themselves. The Commission makes no representation, guarantee or warranty as to the accuracy, completeness, currency, or suitability of these data sets, which are provided "AS IS." The Commission specifically disclaims any and all warranties, representations or endorsements, expressed or implied, with regard to these data sets, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or non-infringement of privately owned rights.

Complexity Points Adjustment. The Proposal shall include the proposed complexity points adjustment on Form T, which shall set forth any adjustment amounts to be deducted, for evaluation purposes only, from the Base Development Price. Proposer shall indicate (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of certain parcels or improvements described in Table 3.3 below, as well as the relevant parcel number(s), (2) the number of complexity points assigned to such eliminated parcel or improvement in Table 3.3, and (3) the amount by which the Base Development Price is reduced as a result of such elimination as set forth in Table 3.3. For the Proposer to receive complexity points credit for parcel numbers where the confict is decribed as “Reduction of ROW”, the Proposer’s design must avoid the parcel in its entirety. Where the conflict is listed as “Improvements/Structures,” “Oil Well,” “Cell Tower” or “Gas Well,” only the listed structures, facilities and associated improvements (including but not limited to parking lots) must be avoided to receive the complexity points credit. In addition, Proposers may identify additional parcels, not shown on Table 3.3, that will be eliminated by Proposer’s design for review and consideration of adjustment amounts, for evaluation purposes only, to be deducted from the Base Development Price. Proposer shall receive an adjustment of $10,000 for each full acre eliminated from the Schematic ROW by avoiding the need to acquire the parcel; provided that for parcels that include less than one acre of Schematic ROW, the Proposer shall receive an adjustment of $10,000. For the Proposer to receive credit for such elimination of a parcel, the Proposer’s design must avoid the parcel in its entirety. For parcels identified pursuant to this paragraph, Proposer shall indicate on Form T, (1) a description of the Proposal revisions from the Schematic Design that eliminate the acquisition of the parcel, including the parcel number, (2) the number of full acres of Schematic ROW reduced by the elimination of the parcel, and (3) the Complexity Point Value at $10,000 per acre, or for parcels that include less than one acre of Schematic ROW, $10,000 per parcel. Partial credit shall not be given for proposed Schematic ROW revisions that do not meet the above criteria. The Proposer shall include the sum of all the adjustments for eliminated parcels and improvements in the last row and column of Form T. 111 5 Table 3.3 Parcel Complexity Point Point Value at $250,000 Reduction of ROW 114 5 $250,000 Reduction of ROW 119 5 $250,000 Reduction of ROW 135 6 $300,000 Reduction of ROW 137 6 $300,000 Reduction of ROW 50,000 Conflict Approximate X Coordinate Approximate Y Coordinate 137 9 $450,000 Oil Well 3021489.4211 13946506.7291 142 Pt 1 9 $450,000 Oil Well 3026821.7239 13946688.6011 142 Pt 1 9 $450,000 Oil Well 3026860.8382 13946526.8146 148 5 $250,000 Reduction of ROW 149 9 $450,000 Gas Well 3038361.09 13947234.31 Formatted: Font: Arial Narrow 152 10 $500,000 Oil Well 3039720.853 13947556.79 153 9 F-2 Parcel Complexity Point Point Value at $450,000 Improvements/Structures 203 4 $200,000 Reduction of ROW 217 5 $250,000 Improvements/Structures 218 4 $200,000 Improvements/Structures 50,000 Conflict Approximate X Coordinate Approximate Y Coordinate 237 9 $450,000 Oil Well 3057237.7140 13955464.7497 239 6 $300,000 Cell Tower 287 8 $400,000 Improvements/Structures 290 3 $150,000 Improvements/Structures 316 9 $450,000 Oil Well 3074855.2532 13963862.2082 329 5 $250,000 Reduction of ROW 330 6 $300,000 Reduction of ROW 341 Pt 2 8 $400,000 Oil Well 3079788.8337 13963804.7788 345 9 $450,000 Oil Well 3074855.2532 13963862.2082 3079788.8337 13963804.7788 3080718.6052 13963817.5266 350 6 $300,000 Improvements/Structures 351 6 $300,000 Improvements/Structures 354 5 $250,000 Improvements/Structures 357 3 $150,000 Reduction of ROW 359 4 $200,000 Reduction of ROW 360 8 $400,000 Reduction of ROW 361 6 $300,000 Improvements/Structures 371 3 $150,000 Reduction of ROW 372 3 $150,000 Reduction of ROW 381 9 $450,000 Cell Tower 382 5 $250,000 Reduction of ROW 383 5 $250,000 Reduction of ROW 384 5 $250,000 Reduction of ROW 385 4 $200,000 Reduction of ROW 386 4 $200,000 Reduction of ROW 387 5 $250,000 Reduction of ROW 390 1 $50,000 Reduction of ROW 1. Survey Datum for XY Coordinates: Texas Coordinate Sysem, South Central Zone, North American Datum of 1983, 1993 Adjustment. All distances and coordinates shown are Surface values and may be converted to Grid by dividing by a combined adjustment factor of 1.00013. 2. OIL AND GAS WELL DATA: The above data sets were generated from the Geographic Information System of the Railroad Commission of Texas. Base map information was obtained from U.S. Geological Survey 7.5 minute quadrangle maps. Patent Survey lines from Texas General Land Office maps were interpreted onto the U.S. Geological Survey base. Oil and gas well data and pipeline data were obtained from public records at the Railroad Commission of Texas (the Commission). The data sets provided by this system are continually being updated and refined and are intended solely for the internal use of the Commission. The Commission shall not be held liable for use of these data sets, which are provided as a public service for informational purposes only. PLEASE NOTE that these data sets are NOT intended to be used as an authoritative public record for any geographic location or as a legal document and have no legal force or effect. Users are responsible for checking the accuracy, completeness, currency and/or suitability of these data sets themselves. The Commission makes no representation, guarantee or warranty as to the accuracy, completeness, currency, or suitability of these data sets, which are provided "AS IS." The Commission specifically disclaims any and all warranties, representations or endorsements, expressed or implied, with regard to these data sets, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or non-infringement of privately owned rights.13963817.5266