Common use of Project Execution Plan Clause in Contracts

Project Execution Plan. (i) Northwind shall develop a project execution plan (the "Project Plan") that shall be comprised of a Plant Schedule and estimated Plant testing and Start-up dates. The Project Plan, which shall be based on the Plant Scope, shall include a definition of the construction work, major milestones, Critical Path Activities, and scheduled date of completion and shall state that the Plant is scheduled to commence operation no later than the Final Completion Deadline. (a) The Plant Schedule shall identify as Critical Path Activities those key milestones to be achieved in order to achieve Substantial Completion on or before the Substantial Completion Deadline. The Plant Schedule also shall indicate the proposed dates of starting and completion of the Work, including dates for fabrication, assembly, installation, testing and completion of the Critical Path Activities and other major components of the Work. In preparing the Plant Schedule and in order to complete the Work within the time required by this Agreement, Northwind will take into consideration and make allowance for customary delays and hindrances incident to such Work in accordance with generally accepted construction management practices, whether growing out of delays of common carriers, delays in securing materials or workmen, delays in Northwind securing necessary approvals, Northwind delays or otherwise (excluding delays for which an extension of time is allowable under Section 11). Northwind, in consultation with Aladdin, shall update the Plant Schedule to reflect changes necessitated by Sections 9 and/or 11 hereof. (ii) An initial draft of the Project Plan shall be delivered by Northwind to Aladdin for Aladdin's review no later than thirty (30) days after receipt by Northwind from Aladdin of a Notice to Proceed. Aladdin agrees to provide any comments regarding the Project Plan to Northwind within ten (10) days of receipt thereof. Aladdin's failure to comment in writing within such period shall be deemed to constitute Aladdin's acceptance of the Project Plan. Review, comment or acceptance (or the lack thereof) by Aladdin shall not in any way affect or reduce Northwind's obligations to complete the Work in accordance with the terms of this Agreement. Northwind agrees to consider in good faith any and all comments made by Aladdin. Within ten (10) days of receipt of comments from Aladdin, Northwind and Aladdin shall meet at a mutually acceptable time and place to discuss Aladdin's comments. If Northwind has determined that revisions suggested by Aladdin are necessary in accordance with Good Engineering Practices, Northwind shall so inform Aladdin at the meeting and shall amend the Project Plan accordingly. If Northwind determines that revisions are not necessary, Northwind shall so inform Aladdin at the meeting, and orally shall explain the reasons why it proposes rejecting the revisions. Within fifteen (15) Business Days after the meeting, Northwind shall provide to Aladdin written minutes of the meeting, including a clear statement as to why any revisions suggested by Aladdin were not made. Northwind shall confirm the final Project Plan within ten (10) days after execution of the EPC Contract(s). (iii) Northwind may make Minor Modifications to the Project Plan; PROVIDED, HOWEVER, that Northwind shall notify Aladdin thereof in writing prior to, or if not reasonably practicable, as soon as reasonably practicable subsequent to, Northwind's effecting any such Northwind-initiated Minor Modification. All other revisions shall be subject to compliance with Section 9 hereof. (iv) In the event Northwind fails to achieve one or more Critical Path Activities in accordance with the Plant Schedule and Aladdin reasonably and in good faith concludes that Northwind's failure to achieve such Critical Path Activity(ies) when and as set forth in the Plant Schedule is reasonably likely to prevent Northwind's ability to achieve Substantial Completion on or before the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline, Aladdin may, but shall not be obligated to, give Northwind notice of such conclusion and the basis for such conclusion. Within five (5) days of receipt of such notice, Northwind shall submit to Aladdin Northwind's proposal to improve performance of the Work to assure Northwind's ability to achieve Substantial Completion on or before the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline for approval by Aladdin. If within a reasonable period of time, as reasonably determined by Aladdin, Northwind does not improve performance to meet the Critical Path Activities, Aladdin may require an increase in Northwind's labor force, the number of shifts, overtime operations, additional days of work per week, and/or an increase in the amount of construction equipment, all costs of which shall be borne solely by Northwind. Neither such notice by Aladdin nor Aladdin's failure to issue such notice shall relieve Northwind of its obligation to achieve Substantial Completion on or before the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline. In the event Northwind fails to comply with Aladdin's instructions and Aladdin continues to believe, reasonably and in good faith, that because of such failure Northwind will not be able to achieve Substantial Completion on or before the Substantial Completion Deadline or Final Completion on or before the Final Completion Deadline, then Northwind shall be considered in default of this Agreement in accordance with Section 10(a) hereof and Aladdin may exercise its rights as set forth in Section 10(b) hereof.

Project Execution Plan. The Recipient is required to submit to the DOE Technical Project Officer a draft Project Execution Plan (iPEP) Northwind shall develop within 30 calendar days of the date the Contracting Officer signs the award agreement and a project execution plan (final PEP within 60 days of the "Project Plan") that shall be comprised of a Plant Schedule and estimated Plant testing and Start-up datesdate the Contracting Officer signs the award agreement in the format outlined below. The Project Plan, which shall be based on the Plant Scope, shall include a definition of the construction work, major milestones, Critical Path Activities, and scheduled date of completion and shall state that the Plant is scheduled to commence operation no later than the Final Completion Deadline. (a) The Plant Schedule shall identify as Critical Path Activities those key milestones to be achieved in order to achieve Substantial Completion on or before the Substantial Completion Deadline. The Plant Schedule also shall indicate the proposed dates of starting and completion of the Work, including dates for fabrication, assembly, installation, testing and completion of the Critical Path Activities and other major components of the Work. In preparing the Plant Schedule and in order to complete the Work within the time required by this Agreement, Northwind will take into consideration and make allowance for customary delays and hindrances incident to such Work in accordance with generally accepted construction management practices, whether growing out of delays of common carriers, delays in securing materials or workmen, delays in Northwind securing necessary approvals, Northwind delays or otherwise (excluding delays for which an extension of time is allowable under Section 11). Northwind, in consultation with Aladdin, shall update the Plant Schedule to reflect changes necessitated by Sections 9 and/or 11 hereof. (ii) An initial draft elements of the Project Execution Plan shall should be delivered by Northwind consistent with the Management Plan, Project Schedule, and Risk Management discussions contained in the Recipient’s proposal in the application submitted in response to Aladdin for Aladdin's review no later than thirty (30) days after receipt by Northwind from Aladdin of a Notice to ProceedFunding Opportunity Announcement Number DE-FOA-0000058 and with the detailed budget submission. Aladdin agrees to provide any comments regarding the Project Plan to Northwind within ten (10) days of receipt thereof. Aladdin's failure to comment in writing within such period shall be deemed to constitute Aladdin's acceptance The intent of the Project PlanExecution Plan is to provide the DOE with appropriate understanding and insight into the approach and methodology the Recipient will use to manage the project to successful completion. Review, comment The Recipient is expected to use a set of tailored project management tools and techniques in the management of their projects. It will also provide the baseline against which the Recipient will provide status of progress on project execution. This clause is not intended to limit or acceptance (restrict the Recipient’s ability to implement any management systems or controls deemed necessary for the lack thereof) by Aladdin shall not in any way affect or reduce Northwind's obligations to complete the Work in accordance with the terms of this Agreement. Northwind agrees to consider in good faith any and all comments made by Aladdin. Within ten (10) days of receipt of comments from Aladdin, Northwind and Aladdin shall meet at a mutually acceptable time and place to discuss Aladdin's comments. If Northwind has determined that revisions suggested by Aladdin are necessary in accordance with Good Engineering Practices, Northwind shall so inform Aladdin at the meeting and shall amend the Project Plan accordingly. If Northwind determines that revisions are not necessary, Northwind shall so inform Aladdin at the meeting, and orally shall explain the reasons why it proposes rejecting the revisions. Within fifteen (15) Business Days after the meeting, Northwind shall provide to Aladdin written minutes management of the meetingproject, including a clear statement except as otherwise provided by law or this agreement. The PEP provided to why any revisions suggested by Aladdin were not made. Northwind shall confirm DOE will contain the final Project Plan within ten (10) days after execution following items: • A description of the EPC Contract(s). project including the end product or end result being accomplished • Work Breakdown Structure (iiiWBS) Northwind may make Minor Modifications to Level 2, with dictionary • Integrated Schedule • Performance Measurement Baseline (PMB) • A Listing of Major Project Milestones tied to the WBS and PMB • The Project Plan; PROVIDED, HOWEVER, that Northwind shall notify Aladdin thereof in writing prior to, or if not reasonably practicable, as soon as reasonably practicable subsequent to, Northwind's effecting any such Northwind-initiated Minor Modification. All other revisions shall be subject to compliance with Section 9 hereof. (iv) In Responsibility Assignment Matrix for the event Northwind fails to achieve one or more Critical Path Activities in accordance with the Plant Schedule WBS • Project Risk Management Plan The methodology and Aladdin reasonably and in good faith concludes that Northwind's failure to achieve such Critical Path Activity(ies) when and as set forth in the Plant Schedule is reasonably likely to prevent Northwind's ability to achieve Substantial Completion on or before the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline, Aladdin may, but shall not be obligated to, give Northwind notice of such conclusion and the basis for such conclusion. Within five (5) days of receipt of such notice, Northwind shall submit to Aladdin Northwind's proposal to improve performance of the Work to assure Northwind's ability to achieve Substantial Completion on or before the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline for approval by Aladdin. If within a reasonable period of time, as reasonably determined by Aladdin, Northwind does not improve performance approach used to meet the Critical Path Activities, Aladdin may require an increase in Northwind's labor force, the number of shifts, overtime operations, additional days of work per week, and/or an increase various requirements listed in the amount PEP should be tailored appropriately in consideration of construction equipmentthe complexity, cost, and risks of each project. Requirements must be addressed to the extent necessary and practical for managing the project. Tailoring may involve consolidation of decisions, documentation, substituting equivalent documents, or concurrency of processes. Tailoring does not imply the omission of essential elements. All of the PEP elements or an equivalent will be required for all costs projects, but their initial character/attributes and subsequent implementation can vary based on project size. A common structure for reporting the current status of which SGIG projects will be used to deliver project status and assessment information to DOE. SGIG projects will provide the following data. These data will be compiled into status reports to assist DOE in its reporting requirements under the Recovery Act. The Recipient shall be borne solely by Northwind. Neither such notice by Aladdin nor Aladdin's failure use the following template to issue such notice shall relieve Northwind of its obligation to achieve Substantial Completion on or before submit the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline. In the event Northwind fails to comply with Aladdin's instructions and Aladdin continues to believe, reasonably and in good faith, that because of such failure Northwind will not be able to achieve Substantial Completion on or before the Substantial Completion Deadline or Final Completion on or before the Final Completion Deadline, then Northwind shall be considered in default of this Agreement in accordance with Section 10(a) hereof and Aladdin may exercise its rights as set forth in Section 10(b) hereof.Project Execution Plan Template;

Project Execution Plan. The Recipient is required to submit to the DOE Technical Project Officer a draft Project Execution Plan (iPEP) Northwind shall develop within 30 calendar days of the date the Contracting Officer signs the award agreement and a project execution plan (final PEP within 60 days of the "Project Plan") that shall be comprised of a Plant Schedule and estimated Plant testing and Start-up datesdate the Contracting Officer signs the award agreement in the format outlined below. The Project Plan, which shall be based on the Plant Scope, shall include a definition of the construction work, major milestones, Critical Path Activities, and scheduled date of completion and shall state that the Plant is scheduled to commence operation no later than the Final Completion Deadline. (a) The Plant Schedule shall identify as Critical Path Activities those key milestones to be achieved in order to achieve Substantial Completion on or before the Substantial Completion Deadline. The Plant Schedule also shall indicate the proposed dates of starting and completion of the Work, including dates for fabrication, assembly, installation, testing and completion of the Critical Path Activities and other major components of the Work. In preparing the Plant Schedule and in order to complete the Work within the time required by this Agreement, Northwind will take into consideration and make allowance for customary delays and hindrances incident to such Work in accordance with generally accepted construction management practices, whether growing out of delays of common carriers, delays in securing materials or workmen, delays in Northwind securing necessary approvals, Northwind delays or otherwise (excluding delays for which an extension of time is allowable under Section 11). Northwind, in consultation with Aladdin, shall update the Plant Schedule to reflect changes necessitated by Sections 9 and/or 11 hereof. (ii) An initial draft elements of the Project Execution Plan shall should be delivered by Northwind consistent with the Management Plan, Project Schedule, and Risk Management discussions contained in the Recipient's proposal in the application submitted in response to Aladdin for Aladdin's review no later than thirty (30) days after receipt by Northwind from Aladdin of a Notice to ProceedFunding Opportunity Announcement Number DE-FOA-0000058 and with the detailed budget submission. Aladdin agrees to provide any comments regarding the Project Plan to Northwind within ten (10) days of receipt thereof. Aladdin's failure to comment in writing within such period shall be deemed to constitute Aladdin's acceptance The intent of the Project PlanExecution Plan is to provide the DOE with appropriate understanding and insight into the approach and methodology the Recipient will use to manage the project to successful completion. Review, comment or acceptance (or the lack thereof) by Aladdin shall not in any way affect or reduce Northwind's obligations The Recipient is expected to complete the Work in accordance with the terms use a set of this Agreement. Northwind agrees to consider in good faith any tailored project management tools and all comments made by Aladdin. Within ten (10) days of receipt of comments from Aladdin, Northwind and Aladdin shall meet at a mutually acceptable time and place to discuss Aladdin's comments. If Northwind has determined that revisions suggested by Aladdin are necessary in accordance with Good Engineering Practices, Northwind shall so inform Aladdin at the meeting and shall amend the Project Plan accordingly. If Northwind determines that revisions are not necessary, Northwind shall so inform Aladdin at the meeting, and orally shall explain the reasons why it proposes rejecting the revisions. Within fifteen (15) Business Days after the meeting, Northwind shall provide to Aladdin written minutes of the meeting, including a clear statement as to why any revisions suggested by Aladdin were not made. Northwind shall confirm the final Project Plan within ten (10) days after execution of the EPC Contract(s). (iii) Northwind may make Minor Modifications to the Project Plan; PROVIDED, HOWEVER, that Northwind shall notify Aladdin thereof in writing prior to, or if not reasonably practicable, as soon as reasonably practicable subsequent to, Northwind's effecting any such Northwind-initiated Minor Modification. All other revisions shall be subject to compliance with Section 9 hereof. (iv) In the event Northwind fails to achieve one or more Critical Path Activities in accordance with the Plant Schedule and Aladdin reasonably and in good faith concludes that Northwind's failure to achieve such Critical Path Activity(ies) when and as set forth techniques in the Plant Schedule management of their projects. It will also provide the baseline against which the Recipient will provide status of progress on project execution. This clause is reasonably likely not intended to prevent Northwindlimit or restrict the Recipient's ability to achieve Substantial Completion on implement any management systems or before controls deemed necessary for the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline, Aladdin may, but shall not be obligated to, give Northwind notice of such conclusion and the basis for such conclusion. Within five (5) days of receipt of such notice, Northwind shall submit to Aladdin Northwind's proposal to improve performance management of the project, except as otherwise provided by law or this agreement. The PEP provided to DOE will contain the following items: • A description of the project including the end product or end result being accomplished • Work Breakdown Structure (WBS) to assure Northwind's ability Level 2, with dictionary • Integrated Schedule • Performance Measurement Baseline (PMB) • A Listing of Major Project Milestones tied to achieve Substantial Completion on or before the Substantial Completion Deadline and/or Final Completion on or before WBS and PMB • The Project Responsibility Assignment Matrix for the Final Completion Deadline for approval by Aladdin. If within a reasonable period of time, as reasonably determined by Aladdin, Northwind does not improve performance WBS • Project Risk Management Plan The methodology and approach used to meet the Critical Path Activities, Aladdin may require an increase in Northwind's labor force, the number of shifts, overtime operations, additional days of work per week, and/or an increase various requirements listed in the amount PEP should be tailored appropriately in consideration of construction equipmentthe complexity, cost, and risks of each project. Requirements must be addressed to the extent necessary and practical for managing the project. Tailoring may involve consolidation of decisions, documentation, substituting equivalent documents, or concurrency of processes. Tailoring does not imply the omission of essential elements. All of the PEP elements or an equivalent will be required for all costs projects, but their initial character/attributes and subsequent implementation can vary based on project size. A common structure for reporting the current status of which SGIG projects will be used to deliver project status and assessment information to DOE. SGIG projects will provide the following data. These data will be compiled into status reports to assist DOE in its reporting requirements under the Recovery Act. The Recipient shall be borne solely by Northwind. Neither such notice by Aladdin nor Aladdin's failure use the following template to issue such notice shall relieve Northwind of its obligation to achieve Substantial Completion on or before submit the Substantial Completion Deadline and/or Final Completion on or before the Final Completion Deadline. In the event Northwind fails to comply with Aladdin's instructions and Aladdin continues to believe, reasonably and in good faith, that because of such failure Northwind will not be able to achieve Substantial Completion on or before the Substantial Completion Deadline or Final Completion on or before the Final Completion Deadline, then Northwind shall be considered in default of this Agreement in accordance with Section 10(a) hereof and Aladdin may exercise its rights as set forth in Section 10(b) hereof.Project Execution Plan Template;