Common use of Key Personnel Change Fees Clause in Contracts

Key Personnel Change Fees. As deemed compensation to TxDOT for Losses described in Section 8.3.1.4 of the General Conditions, DB Contractor agrees to pay to TxDOT the Key Personnel Change Fees amounts set forth in the table below in accordance with such section. For purposes of calculating the Key Personnel Change Fees, the percentage of “Progress” will be determined by dividing DB Contractor’s earned-to-date amount, set forth in DB Contractor’s most recently approved Draw Request, by the Price. POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Project Manager $420,000 $420,000 $310,000 $210,000 Construction Manager $380,000 $380,000 $380,000 $190,000 Design Manager $220,000 $160,000 $110,000 $50,000 Independent Quality Firm Manager $340,000 $340,000 $340,000 $170,000 Lead Structural Engineer $190,000 $140,000 $90,000 $40,000 Lead Maintenance of Traffic (MOT) Design Engineer $190,000 $140,000 $90,000 $40,000 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Professional Services Quality Assurance Manager $220,000 $160,000 $110,000 $50,000 Lead MOT Implementation Manager $220,000 $220,000 $220,000 $110,000 Utility Manager $170,000 $170,000 $170,000 $40,000 Safety Manager $190,000 $190,000 $190,000 $90,000

Key Personnel Change Fees. As deemed compensation to TxDOT for Losses described in Section 8.3.1.4 of the General Conditions, DB Contractor agrees to pay to TxDOT the Key Personnel Change Fees Fee amounts set forth in the table below in accordance with such section. For purposes purposed of calculating the Key Personnel Change Fees, the percentage of “ProgressProgress Percentages” will be determined by dividing DB Contractor’s earned-to-date amount, set forth in DB Contractor’s most recently approved Draw Request, by the Price. POSITION KEY PERSONNEL CHANGE FEES Position Fee During Period 1 (0-% - 40% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 2 (>40-% - 60% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 3 (>60-% - 80% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 4 (>80-% - 100% PROGRESSProgress Percentage) Project Manager $420,000 389,000 $420,000 389,000 $310,000 194,500 $210,000 194,500 Construction Manager $380,000 410,000 $380,000 410,000 $380,000 205,000 $190,000 205,000 Design Manager $220,000 182,000 $160,000 91,000 $110,000 91,000 $50,000 Independent Quality Firm Manager $340,000 $340,000 $340,000 $170,000 Lead Structural Engineer $190,000 $140,000 $90,000 $40,000 45,500 Lead Maintenance of Traffic (MOT) Design Engineer $190,000 154,000 $140,000 154,000 $90,000 77,000 $40,000 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) 77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $220,000 273,000 $160,000 136,500 $110,000 136,500 $50,000 Lead MOT Implementation 68,250 Environmental Compliance Manager $220,000 214,000 $220,000 214,000 $220,000 214,000 $110,000 214,000 Position Fee During Period 1 (0% - 40% Progress Percentage) Fee During Period 2 (>40% - 60% Progress Percentage) Fee During Period 3 (>60% - 80% Progress Percentage) Fee During Period 4 (>80% - 100% Progress Percentage) Safety Manager $154,000 $154,000 $154,000 $154,000 Utility Manager $170,000 278,000 $170,000 278,000 $170,000 278,000 $40,000 Safety 278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $190,000 206,000 $190,000 154,500 $190,000 103,000 $90,00051,500

Key Personnel Change Fees. As deemed compensation to TxDOT for Losses described in Section 8.3.1.4 of the General Conditions, DB Contractor agrees to pay to TxDOT the Key Personnel Change Fees Fee amounts set forth in the table below in accordance with such section. For purposes of calculating the Key Personnel Change Fees, the percentage of “ProgressProgress Percentages” will be determined by dividing DB Contractor’s earned-to-date amount, set forth in DB Contractor’s most recently approved Draw Request, by the Price. POSITION KEY PERSONNEL CHANGE FEES Position Fee During Period 1 (0-% - 40% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 2 (>40-% - 60% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 3 (>60-% - 80% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 4 (>80-% - 100% PROGRESSProgress Percentage) Project Manager $420,000 389,000 $420,000 389,000 $310,000 194,500 $210,000 194,500 Construction Manager $380,000 410,000 $380,000 410,000 $380,000 205,000 $190,000 205,000 Position Fee During Period 1 (0% - 40% Progress Percentage) Fee During Period 2 (>40% - 60% Progress Percentage) Fee During Period 3 (>60% - 80% Progress Percentage) Fee During Period 4 (>80% - 100% Progress Percentage) Design Manager $220,000 182,000 $160,000 91,000 $110,000 91,000 $50,000 Independent Quality Firm Manager $340,000 $340,000 $340,000 $170,000 Lead Structural Engineer $190,000 $140,000 $90,000 $40,000 45,500 Lead Maintenance of Traffic (MOT) Design Engineer $190,000 154,000 $140,000 154,000 $90,000 77,000 $40,000 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) 77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $220,000 273,000 $160,000 136,500 $110,000 136,500 $50,000 Lead MOT Implementation 68,250 Environmental Compliance Manager $220,000 214,000 $220,000 214,000 $220,000 214,000 $110,000 214,000 Safety Manager $154,000 $154,000 $154,000 $154,000 Utility Manager $170,000 278,000 $170,000 278,000 $170,000 278,000 $40,000 Safety 278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $190,000 206,000 $190,000 154,500 $190,000 103,000 $90,00051,500

Key Personnel Change Fees. As deemed compensation to TxDOT for Losses described in Section 8.3.1.4 of the General Conditions, DB Contractor agrees to pay to TxDOT the Key Personnel Change Fees amounts set forth in the table below in accordance with such section. For purposes of calculating the Key Personnel Change Fees, the percentage of “Progress” will be determined by dividing DB Contractor’s earned-to-date amount, set forth in DB Contractor’s most recently approved Draw Request, by the Price. POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Project Manager $420,000 $420,000 $310,000 $210,000 Texas Department of Transportation - 32 - Addendum #4 to Request for Proposals I-35 NEX Central Project Design-Build Agreement January 8, 2021 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Construction Manager $380,000 $380,000 $380,000 $190,000 Design Manager $220,000 $160,000 $110,000 $50,000 Independent Quality Firm Manager $340,000 $340,000 $340,000 $170,000 Lead Structural Engineer $190,000 $140,000 $90,000 $40,000 Lead Maintenance of Traffic (MOT) Design Engineer $190,000 $140,000 $90,000 $40,000 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Professional Services Quality Assurance Manager $220,000 $160,000 $110,000 $50,000 Lead MOT Implementation Manager $220,000 $220,000 $220,000 $110,000 Utility Manager $170,000 $170,000 $170,000 $40,000 Safety Manager $190,000 $190,000 $190,000 $90,000

Key Personnel Change Fees. As deemed compensation to TxDOT for Losses described in Section 8.3.1.4 of the General Conditions, DB Contractor agrees to pay to TxDOT the Key Personnel Change Fees amounts set forth in the table below in accordance with such section. For purposes of calculating the Key Personnel Change Fees, the percentage of “Progress” will be determined by dividing DB Contractor’s earned-to-date amount, set forth in DB Contractor’s most recently approved Draw Request, by the Price. POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Project Manager $420,000 $420,000 $310,000 $210,000 Construction Manager $380,000 $380,000 $380,000 $190,000 Design Manager $220,000 $160,000 $110,000 $50,000 Independent Quality Firm Manager $340,000 $340,000 $340,000 $170,000 Lead Structural Engineer $190,000 $140,000 $90,000 $40,000 Lead Maintenance of Traffic (MOT) Design Engineer $190,000 $140,000 $90,000 $40,000 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) Professional Services Quality Assurance Manager $220,000 $160,000 $110,000 $50,000 Lead MOT Implementation Manager $220,000 $220,000 $220,000 $110,000 Utility Manager $170,000 $170,000 $170,000 $40,000 Safety Manager $190,000 $190,000 $190,000 $90,000

Key Personnel Change Fees. As deemed compensation to TxDOT for Losses described in Section 8.3.1.4 of the General Conditions, DB Contractor agrees to pay to TxDOT the Key Personnel Change Fees Fee amounts set forth in the table below in accordance with such section. For purposes purposed of calculating the Key Personnel Change Fees, the percentage of “ProgressProgress Percentages” will be determined by dividing DB Contractor’s earned-to-date amount, set forth in DB Contractor’s most recently approved Draw Request, by the Price. POSITION KEY PERSONNEL CHANGE FEES Position Fee During Period 1 (0-% - 40% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 2 (>40-% - 60% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 3 (>60-% - 80% PROGRESSProgress Percentage) KEY PERSONNEL CHANGE FEES Fee During Period 4 (>80-% - 100% PROGRESSProgress Percentage) Project Manager $420,000 389,000 $420,000 389,000 $310,000 194,500 $210,000 194,500 Position Fee During Period 1 (0% - 40% Progress Percentage) Fee During Period 2 (>40% - 60% Progress Percentage) Fee During Period 3 (>60% - 80% Progress Percentage) Fee During Period 4 (>80% - 100% Progress Percentage) Construction Manager $380,000 410,000 $380,000 410,000 $380,000 205,000 $190,000 205,000 Design Manager $220,000 182,000 $160,000 91,000 $110,000 91,000 $50,000 Independent Quality Firm Manager $340,000 $340,000 $340,000 $170,000 Lead Structural Engineer $190,000 $140,000 $90,000 $40,000 45,500 Lead Maintenance of Traffic (MOT) Design Engineer $190,000 154,000 $140,000 154,000 $90,000 77,000 $40,000 POSITION KEY PERSONNEL CHANGE FEES (0-40% PROGRESS) KEY PERSONNEL CHANGE FEES (>40-60% PROGRESS) KEY PERSONNEL CHANGE FEES (>60-80% PROGRESS) KEY PERSONNEL CHANGE FEES (>80-100% PROGRESS) 77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $220,000 273,000 $160,000 136,500 $110,000 136,500 $50,000 Lead MOT Implementation 68,250 Environmental Compliance Manager $220,000 214,000 $220,000 214,000 $220,000 214,000 $110,000 214,000 Safety Manager $154,000 $154,000 $154,000 $154,000 Utility Manager $170,000 278,000 $170,000 278,000 $170,000 278,000 $40,000 Safety 278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $190,000 206,000 $190,000 154,500 $190,000 103,000 $90,00051,500