Common use of Subcontractor Changes: Addition or Replacement of Personnel Clause in Contracts

Subcontractor Changes: Addition or Replacement of Personnel. Labor Rates If a subcontractor adds a new person to a job classification listed in the subcontractor’s budget or replaces a person listed in the subcontractor’s budget for that subcontractor, the subcontractor can only invoice for the new person’s actual rate up to the maximum amount listed for that classification in the subcontractor’s budget. The subcontractor cannot use for its personnel a rate of another subcontractor or of the Contractor. Classifications Additions or replacement of personnel can only be made within existing job classifications identified in the subcontractor’s budget. The subcontractor cannot use for its personnel a job classification of another subcontractor or of the Contractor. The new person must be invoiced within job classifications that already exist in the budget for the subcontractor. If the subcontractor wishes to add a new job classification to the Agreement (for instance to bring in a new person or possibly promote a person) this will require a formal amendment to the Agreement. Promotions Subcontractor personnel listed in the subcontractor’s budget can be moved to a higher-paying job classification listed in the subcontractor’s budget with prior written approval of the CAM and the appropriate Division Deputy Director. The written approval must be submitted to the CAO. Changes in Assigned Personnel Hours Contractor may move hours allocated for a specific person (employee or subcontractor) to another person listed in the Agreement, upon written notification to the CAM. However such changes cannot change the amount of the budget for the task or labor category. If a change in personnel will result in a change in the dollar amount of the task or in the labor category, then the Agreement or Work Authorization must be amended. BUDGET DETAIL Budget detail is contained in the Attachments to this Exhibit. EXHIBIT B-1 Third-Party Beneficiary Language for Contract Between Project Owner and Delegate Chief Building Official (DCBO) All of the following provisions must be included in the Agreement between the Project Owner and the DCBO: Parties [NextEra Energy] (herein after referred to as “Project Owner”) is the Project Owner of [Blythe Solar Power Project Phase 2, Units 3 and 4] (“Project”), Docket Log [09-AFC-06C], which was approved by the California Energy Commission (“Energy Commission”) in January 2014. Review by the Energy Commission is evidenced by the Presiding Member’s Proposed Decision (“Proposed Decision”), which includes draft conditions of certification providing the requirements for project construction, operation and closure. Approval of the Project by the Energy Commission is evidenced by the Presiding Member’s Final Decision (“Final Decision”), which includes conditions of certification providing the requirements for project construction, operation and closure. The DCBO and Project Owner must construct the Project according to the requirements in the Final Decision. Project Owner is a party to [Name of Agreement between Project Owner and DCBO]. The Energy Commission has authority to approve the Project pursuant to Public Resources Code Section 25500 et. seq. Under the California Building Code Standards (CBCS), while monitoring project construction and operation, staff of the Energy Commission acts as, and has the authority of, the Chief Building Official. [Name of DCBO Firm] was selected by the Energy Commission as its Delegated Chief Building Official (“DCBO”) in accordance with the California Building Standards Code (California Code of Regulations, Title 24, Parts 1 through 12) to verify compliance with all applicable conditions of certification in the Final Decision, and facilitate compliance with the design, plan review, construction inspection and monitoring for the Project facility’s compliance plan in accordance with all appropriate building codes; laws, ordinances, regulations and standards (“LORS”); and Energy Commission requirements. [Name of DCBO Firm] (hereinafter referred to as “DBCO”) is a party to [Name of Agreement between Project Owner and DCBO].

Subcontractor Changes: Addition or Replacement of Personnel. Labor Rates If a subcontractor adds a new person to a job classification listed in the subcontractor’s budget or replaces a person listed in the subcontractor’s budget for that subcontractor, the subcontractor can only invoice for the new person’s actual rate up to the maximum amount listed for that classification in the subcontractor’s budget. The subcontractor cannot use for its personnel a rate of another subcontractor or of the Contractor. Classifications Additions or replacement of personnel can only be made within existing job classifications identified in the subcontractor’s budget. The subcontractor cannot use for its personnel a job classification of another subcontractor or of the Contractor. The new person must be invoiced within job classifications that already exist in the budget for the subcontractor. If the subcontractor wishes to add a new job classification to the Agreement (for instance to bring in a new person or possibly promote a person) this will require a formal amendment to the Agreement. Promotions Subcontractor personnel listed in the subcontractor’s budget can be moved to a higher-paying job classification listed in the subcontractor’s budget with prior written approval of the CAM and the appropriate Division Deputy Director. The written approval must be submitted to the CAO. Changes in Assigned Personnel Hours Contractor may move hours allocated for a specific person (employee or subcontractor) to another person listed in the Agreement, upon written notification to the CAM. However such changes cannot change the amount of the budget for the task or labor category. If a change in personnel will result in a change in the dollar amount of the task or in the labor category, then the Agreement or Work Authorization must be amended. BUDGET DETAIL Budget detail is contained in the Attachments to this Exhibit. EXHIBIT B-1 Third-Party Beneficiary Language for Contract Between Project Owner and Delegate Chief Building Official (DCBO) All of the following provisions must be included in the Agreement between the Project Owner and the DCBO: Parties [NextEra Energy] Geysers Power Company (herein after referred to as “Project Owner”) is the Project Owner of [Blythe Solar Power Project Phase 2Geysers, Units 3 and 4Quicksilver (Unit 16), Lakeview (Unit 17), Socrates (Unit 18), Calistoga (Unit 19, Grant (Unit 20)] (“Project”), Docket Log [0979-AFC-06CAFC-5C, 79-AFC-1C, 79-AFC-3C, 81-AFC-1C, 82-AFC-1C, and 80-AFC-1C], which was approved by the California Energy Commission (“Energy Commission”) in January 2014late 1979 and the early 1980’s. Review by the Energy Commission is evidenced by the Presiding Member’s Proposed Decision (“Proposed Decision”), which includes draft conditions of certification providing the requirements for project construction, operation and closure. Approval of the Project by the Energy Commission is evidenced by the Presiding Member’s Final Decision (“Final Decision”), which includes conditions of certification providing the requirements for project construction, operation and closure. The DCBO and Project Owner must construct the Project according to the requirements in the Final Decision. Project Owner is a party to [Name of Agreement between Project Owner and DCBO]. The Energy Commission has authority to approve the Project pursuant to Public Resources Code Section 25500 et. seq. Under the California Building Code Standards (CBCS), while monitoring project construction and operation, staff of the Energy Commission acts as, and has the authority of, the Chief Building Official. [Name of DCBO Firm] was selected by the Energy Commission as its Delegated Chief Building Official (“DCBO”) in accordance with the California Building Standards Code (California Code of Regulations, Title 24, Parts 1 through 12) to verify compliance with all applicable conditions of certification in the Final Decision, and facilitate compliance with the design, plan review, construction inspection and monitoring for the Project facility’s compliance plan in accordance with all appropriate building codes; laws, ordinances, regulations and standards (“LORS”); and Energy Commission requirements. [Name of DCBO Firm] (hereinafter referred to as “DBCO”) is a party to [Name of Agreement between Project Owner and DCBO].

Subcontractor Changes: Addition or Replacement of Personnel. Labor Rates If a subcontractor adds a new person to a job classification listed in the subcontractor’s budget or replaces a person listed in the subcontractor’s budget for that subcontractor, the subcontractor can only invoice for the new person’s actual rate up to the maximum amount listed for that classification in the subcontractor’s budget. The subcontractor cannot use for its personnel a rate of another subcontractor or of the Contractor. Classifications Additions or replacement of personnel can only be made within existing job classifications identified in the subcontractor’s budget. The subcontractor cannot use for its personnel a job classification of another subcontractor or of the Contractor. The new person must be invoiced within job classifications that already exist in the budget for the subcontractor. If the subcontractor wishes to add a new job classification to the Agreement (for instance to bring in a new person or possibly promote a person) this will require a formal amendment to the Agreement. Promotions Subcontractor personnel listed in the subcontractor’s budget can be moved to a higher-paying job classification listed in the subcontractor’s budget with prior written approval of the CAM and the appropriate Division Deputy Director. The written approval must be submitted to the CAO. Changes in Assigned Personnel Hours Contractor may move hours allocated for a specific person (employee or subcontractor) to another person listed in the Agreement, upon written notification to the CAM. However such changes cannot change the amount of the budget for the task or labor category. If a change in personnel will result in a change in the dollar amount of the task or in the labor category, then the Agreement or Work Authorization must be amended. BUDGET DETAIL Budget detail is contained in the Attachments to this Exhibit. EXHIBIT B-1 Third-Party Beneficiary Language for Contract Between Project Owner and Delegate Chief Building Official (DCBO) All of the following provisions must be included in the Agreement between the Project Owner and the DCBO: Parties [NextEra Energy] (herein after referred to as “Project Owner”) is the Project Owner of [Blythe Solar Power Project Phase 2, Units 3 and 4] (“Project”), Docket Log [09-AFC-06C], which was approved by the California Energy Commission (“Energy Commission”) in January 2014. Review by the Energy Commission is evidenced by the Presiding Member’s Proposed Decision (“Proposed Decision”), which includes draft conditions of certification providing the requirements for project construction, operation and closure. Approval of the Project by the Energy Commission is evidenced by the Presiding Member’s Final Decision (“Final Decision”), which includes conditions of certification providing the requirements for project construction, operation and closure. The DCBO and Project Owner must construct the Project according to the requirements in the Final Decision. Project Owner is a party to [Name of Agreement between Project Owner and DCBO]. The Energy Commission has authority to approve the Project pursuant to Public Resources Code Section 25500 et. seq. Under the California Building Code Standards (CBCS), while monitoring project construction and operation, staff of the Energy Commission acts as, and has the authority of, the Chief Building Official. [Name of DCBO Firm] was selected by the Energy Commission as its Delegated Chief Building Official (“DCBO”) in accordance with the California Building Standards Code (California Code of Regulations, Title 24, Parts 1 through 12) to verify compliance with all applicable conditions of certification in the Final Decision, and facilitate compliance with the design, plan review, construction inspection and monitoring for the Project facility’s compliance plan in accordance with all appropriate building codes; laws, ordinances, regulations and standards (“LORS”); and Energy Commission requirements. [Name of DCBO Firm] (hereinafter referred to as “DBCO”) is a party to [Name of Agreement between Project Owner and DCBO].