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 Fee amounts set forth in the table below in accordance with such section. For purposed of calculating the Key Personnel Change Fees, the “Progress 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 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) Project Manager $389,000 $389,000 $194,500 $194,500 Construction Manager $410,000 $410,000 $205,000 $205,000 Design Manager $182,000 $91,000 $91,000 $45,500 Lead Maintenance of Traffic (MOT) Design Engineer $154,000 $154,000 $77,000 $77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $273,000 $136,500 $136,500 $68,250 Environmental Compliance Manager $214,000 $214,000 $214,000 $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 $278,000 $278,000 $278,000 $278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $206,000 $154,500 $103,000 $51,500

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 Fee Fees amounts set forth in the table below in accordance with such section. For purposed purposes of calculating the Key Personnel Change Fees, the percentage of “Progress PercentagesProgress” 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 Fee During Period 1 POSITION KEY PERSONNEL CHANGE FEES (0% - -40% Progress PercentagePROGRESS) Fee During Period 2 KEY PERSONNEL CHANGE FEES (>40% - -60% Progress PercentagePROGRESS) Fee During Period 3 KEY PERSONNEL CHANGE FEES (>60% - -80% Progress PercentagePROGRESS) Fee During Period 4 KEY PERSONNEL CHANGE FEES (>80% - -100% Progress PercentagePROGRESS) Project Manager $389,000 420,000 $389,000 420,000 $194,500 310,000 $194,500 210,000 Construction Manager $410,000 380,000 $410,000 380,000 $205,000 380,000 $205,000 190,000 Design Manager $182,000 220,000 $91,000 160,000 $91,000 110,000 $45,500 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 $154,000 190,000 $154,000 140,000 $77,000 90,000 $77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 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 $273,000 220,000 $136,500 160,000 $136,500 110,000 $68,250 Environmental Compliance 50,000 Lead MOT Implementation Manager $214,000 220,000 $214,000 220,000 $214,000 220,000 $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) 110,000 Utility Manager $170,000 $170,000 $170,000 $40,000 Safety Manager $154,000 190,000 $154,000 190,000 $154,000 190,000 $154,000 Utility Manager $278,000 $278,000 $278,000 $278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $206,000 $154,500 $103,000 $51,50090,000

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 Fee amounts set forth in the table below in accordance with such section. For purposed of calculating the Key Personnel Change Fees, the “Progress 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 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) Project Manager $389,000 $389,000 $194,500 $194,500 Construction Manager $410,000 $410,000 $205,000 $205,000 Design Manager $182,000 $91,000 $91,000 $45,500 Lead Maintenance of Traffic (MOT) Design Engineer $154,000 $154,000 $77,000 $77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $273,000 $136,500 $136,500 $68,250 Environmental Compliance Manager $214,000 $214,000 $214,000 $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 $278,000 $278,000 $278,000 $278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $206,000 $154,500 $103,000 $51,500

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 Fee amounts set forth in the table below in accordance with such section. For purposed purposes of calculating the Key Personnel Change Fees, the “Progress 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 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) Project Manager $389,000 $389,000 $194,500 $194,500 Construction Manager $410,000 $410,000 $205,000 $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 $182,000 $91,000 $91,000 $45,500 Lead Maintenance of Traffic (MOT) Design Engineer $154,000 $154,000 $77,000 $77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $273,000 $136,500 $136,500 $68,250 Environmental Compliance Manager $214,000 $214,000 $214,000 $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 $278,000 $278,000 $278,000 $278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $206,000 $154,500 $103,000 $51,500

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 Fee amounts set forth in the table below in accordance with such section. For purposed of calculating the Key Personnel Change Fees, the “Progress 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 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) Project Manager $389,000 $389,000 $194,500 $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 $410,000 $410,000 $205,000 $205,000 Design Manager $182,000 $91,000 $91,000 $45,500 Lead Maintenance of Traffic (MOT) Design Engineer $154,000 $154,000 $77,000 $77,000 Independent Quality Firm Manager $342,000 $342,000 $171,000 $171,000 Professional Services Quality Assurance Manager $273,000 $136,500 $136,500 $68,250 Environmental Compliance Manager $214,000 $214,000 $214,000 $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 $278,000 $278,000 $278,000 $278,000 Certified Arborist $154,000 $154,000 $115,500 $77,000 ROW Acquisition Manager $206,000 $154,500 $103,000 $51,500