Common use of Design Phase Clause in Contracts

Design Phase. The design phase of the project shall consist of the preparation of completely approved construction documents that reflect the approved Preliminary Engineering Report. It also includes coordination with other design consultants on adjacent segments, and potentially restriping the pavement between Segment 1 and Segment 2. The design consultants of both segments will evaluate and coordinate how to best handle the transition and/or striping. The Design shall build upon the framework identified in the Preliminary Engineering Report and include roadway design, profiles, drainage system and appurtenances, details and the bid documents necessary for a complete design review. The submittal shall be considered final and ready for construction, barring minor comments from Fort Bend County. The Design Submittal shall address all comments from the Preliminary Engineering Phase of the project. The Design Submittal shall include the submittal of the construction ready plans on 11”x17”, the project manual, final utility conflict table, and a final cost estimate in accordance with FBCED requirements. The design submittal includes the following milestones:  70% Submittal (1st Submittal): The submittal shall consist of: o Address 30% Comments o Coversheet o Index of Sheets o Existing and Proposed Typical Sections o Project Layout Sheet o Survey Control Map o Right of Way Map o Horizontal Alignment Data o Plan and Profile o Drainage Area Map o Hydraulic Calculations o Detention Plan o Traffic Control Plan o Traffic Signals & Details (if needed) o Storm Water Pollution Prevention Plan o Cross Sections o Standard Details o Specifications Table of Contents o Spreadsheet based Bid Form with Estimated Unit and Total Costs o 70% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o Submit drawings for regulatory permit and utility reviews o 70% Review Checklist  95% Submittal (2nd Submittal): The submittal shall consist of all the 70% requirements plus the following: o Address 70% Comments & Comment Resolution Spreadsheet o Bid Ready (Not Sealed) o General Notes o Signage and Pavement Marking Plans o Project Manual with Bid Form, Specification Table of Contents, Special Specifications or Conditions, and Contract Documents Excluded o 95% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o 95% Review Checklist

Design Phase. Developing a Commissioning Plan (to be updated throughout the project; all bid packages/phases to be included in a single plan document) • Developing and Updating the Commissioning Specifications for incorporation into the project • Developing procedures for an issues log to track all commissioning related issues, deficiencies, and resolutions CONSTRUCTION AND POST-CONSTRUCTION PHASE: • Planning and conducting a Commissioning Kickoff Meeting at the project site with all contractors, for each site • Updating the Commissioning Plan • Reviewing Submittals for the equipment that is within the scope of commissioning scope – this will consist of an initial review and one (1) backcheck • Updating and finalizing the Pre-Functional Checklists and Functional Performance Tests • The Checklists and Test scripts will initially be developed during the Design Phase, but will need to be updated during the Construction Phase to incorporate information from submittals as well as design phase changes • Reviewing completed Start-Up Reports • Reviewing completed Pre-Functional Checklists • Reviewing the Test and Balance Report(s) • Conducting up to ten (10) Site Visits during the Construction Phase  The Site Visits will be conducted to remain updated on the construction progress, spot check the completion of Pre-Functional Checklists, answer commissioning related questions directly in the field, and identify potential issues/concerns before Functional Performance Testing • Conducting Functional Performance Testing • Reviewing O&M Manuals • Developing a Final Commissioning Report • Participate in bi-weekly OAC meetings through heavy construction / commissinoing activity phases (20 meetings assumed) We exclude work that is documented in the specifications as being completed by others, including the General Contractor, Mechanical Contractor, Electrical Contractor, Testing and Balancing Contractor, Construction Manager, Design Architect, Engineer, and Owner. We appreciate the opportunity to work with you and anticipate a successful project. If there is any further information we may provide, please contact me. Sincerely, Project Manager Principal 512.744.4453 direct 512.744.4414 direct ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ cc: Attachments President / Chairman of the project shall consist Board $290 Officer $265 Principal $215 Associate Principal $200 Branch Manager/Director $200 Senior Project Manager/Engineer $190 Project Manager/Engineer $175 Engineer in Training / Graduate Engineer / BIM Manager $140 Senior Designer $125 Designer / Commissioning Technician $105 Marketing Manager $105 Junior Designer $90 Administrative Staff $70 DocuSign Envelope ID: E831F024-8A6C-4635-9353-E92BDDF1FDB1 TFC Contract ▇▇-▇▇▇-▇▇▇ Energy Engineering Associates, Inc. APPROVED HUB SUBCONTRACTING PLAN Page 1 of 2 Texas Facilities Commission (TFC) - HUB Program EVALUATION OF RESPONDENT’S HUB SUBCONTRACTING PLAN (HSP) Instructions: This evaluation must be completed for each response before it can be considered further. Please complete a separate evaluation sheet for each response within five (5) business days after the opening date of the preparation solicitation. Section I: Name of completely approved construction documents Respondent: EEA Consulting Engineers Name of Project: ReCommissioning MEP DM Mutple Stat Bldgs Contract # Req #: ▇▇▇-▇-▇▇▇▇▇ PO #: PROJECT/WO #: RFQ #: RFP #: IFB #: SERVICES ■ AE: CMR RC IDIQ Assignment #: Amendment #: GMP#: POCN#: TFC HUB Coordinator has reviewed the above referenced HSP response to this solicitation and finds that reflect the approved Preliminary Engineering Report. It also includes coordination HSP: ■ complies with other design consultants on adjacent segments, and potentially restriping does not comply with Method Used to Achieving HUB Compliance: HSP – Meet the pavement between Segment 1 and Segment 2. The design consultants of both segments will evaluate and coordinate how Goal Professional Services – Respondent has met the 23.7 % Meet the Goal with HUB Participation (per TAC Rules 20.285(d)(1)(D)(iii)) Print/Type Name: TFC HUB Coordinator/Date: Burks_S Digitally signed by Burks_SDate: 2021.06.30 16:07:24 -05'00' Section II: Does the respondent intend to best handle the transition and/or striping. The Design shall build upon the framework identified in the Preliminary Engineering Report and include roadway design, profiles, drainage system and appurtenances, details and the bid documents necessary for a complete design review. The submittal shall be considered final and ready for construction, barring minor comments from Fort Bend County. The Design Submittal shall address all comments from the Preliminary Engineering Phase of the project. The Design Submittal shall include the submittal of the construction ready plans on 11”x17”, the project manual, final utility conflict table, and a final cost estimate in accordance with FBCED requirements. The design submittal includes subcontract? ■ YES NO N/A Instructions: If “Yes,” do not proceed to the following milestones:  70% Submittal (1st Submittal): The submittal shall consist of: o Address 30% Comments o Coversheet o Index of Sheets o Existing and Proposed Typical Sections o Project Layout Sheet o Survey Control Map o Right of Way Map o Horizontal Alignment Data o Plan and Profile o Drainage Area Map o Hydraulic Calculations o Detention Plan o Traffic Control Plan o Traffic Signals & Details (if needed) o Storm Water Pollution Prevention Plan o Cross Sections o Standard Details o Specifications Table of Contents o Spreadsheet based Bid Form with Estimated Unit and Total Costs o 70% Plans on 11”x17questions. If “No,” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o Submit drawings for regulatory permit and utility reviews o 70% Review Checklist  95% Submittal (2nd Submittal): The submittal shall consist of all proceed to the 70% requirements plus the following: o Address 70% Comments & Comment Resolution Spreadsheet o Bid Ready (Not Sealed) o General Notes o Signage and Pavement Marking Plans o Project Manual with Bid Form, Specification Table of Contents, Special Specifications or Conditions, and Contract Documents Excluded o 95% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o 95% Review Checklistnext question. Comments:

Design Phase. 3.3.1 The design phase services called for in the 50% Design Phase will be completed and the required deliverables submitted within the stipulated period of time indicated in the Schedule. 3.3.2 The Consultant shall prepare the necessary layouts and drawings to depict the 50% Design efforts. These drawings shall include, but are not limited to: Cover Sheet (1 sheet) Index to Drawings, Abbreviations, and Summary of Quantities (1 sheet) Contractor Staging and Access Plan (1 sheet) Overall Project Site Plan (1 sheet) Construction Safety Plan (1 sheet) Construction Safety Notes and Construction Control Details (1 sheet) Construction Phasing Plans (5 sheets) Construction Plans (10 sheets) Construction Details (5 sheets) 26 sheets total 3.3.3 The Consultant shall prepare quantities, estimate of construction costs, and a proposed construction schedule. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the MTJ's actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates. 3.3.4 The Consultant shall prepare preliminary contract documents and specifications of the project identified items of work. The Consultant shall prepare general provisions and special provisions for this project. Specifications shall describe the character and quality of materials. Technical specifications to be used include FAA AC 150/5370-10 “Standards for Specifying Construction of Airports.” Documents to be prepared consist of the preparation following: Invitation for Bids Instruction to Bidders Proposal Bid Documents Notice of completely approved construction documents that reflect Award Contract Agreement Performance and Payment Bonds Notice to Proceed Notice of Contractor’s Settlement Special Provisions General Provisions Technical Specifications 3.3.5 The Consultant shall submit 4 copies of the approved Preliminary Engineering Reportdeliverables to MTJ and 1 copy to CDOT. Deliverables include: Plans – Half Size (11” x 17”) Contract Documents and Specifications Cost Estimate Construction Schedule 3.3.6 The Consultant shall conduct a Plan-in-Hand review at the completion of the 50% Design deliverable with MTJ and CDOT to solicit comments on the design. It also includes coordination with other design consultants on adjacent segmentsis assumed the Principal, Project Manager 1, and potentially restriping the pavement between Segment 1 Engineer 3 would attend this meeting. It is assumed this meeting will last 2 hours (travel time not included). Travel and Segment 2. The design consultants of both segments overnight accommodations will evaluate and coordinate how to best handle the transition and/or striping. The Design shall build upon the framework identified in the Preliminary Engineering Report and include roadway design, profiles, drainage system and appurtenances, details and the bid documents necessary for a complete design review. The submittal shall be considered final and ready for construction, barring minor comments from Fort Bend County. The Design Submittal shall address all comments from the Preliminary Engineering Phase of the project. The Design Submittal shall include the submittal of the construction ready plans on 11”x17”, the project manual, final utility conflict table, and a final cost estimate in accordance with FBCED requirements. The design submittal includes the following milestones:  70% Submittal (1st Submittal): The submittal shall consist of: o Address 30% Comments o Coversheet o Index of Sheets o Existing and Proposed Typical Sections o Project Layout Sheet o Survey Control Map o Right of Way Map o Horizontal Alignment Data o Plan and Profile o Drainage Area Map o Hydraulic Calculations o Detention Plan o Traffic Control Plan o Traffic Signals & Details (if needed) o Storm Water Pollution Prevention Plan o Cross Sections o Standard Details o Specifications Table of Contents o Spreadsheet based Bid Form with Estimated Unit and Total Costs o 70% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o Submit drawings for regulatory permit and utility reviews o 70% Review Checklist  95% Submittal (2nd Submittal): The submittal shall consist of all the 70% requirements plus the following: o Address 70% Comments & Comment Resolution Spreadsheet o Bid Ready (Not Sealed) o General Notes o Signage and Pavement Marking Plans o Project Manual with Bid Form, Specification Table of Contents, Special Specifications or Conditions, and Contract Documents Excluded o 95% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o 95% Review Checklistnecessary.

Design Phase. 3.3.1 The design phase services called for in the 50% Design Phase will be completed and the required deliverables submitted within the stipulated period of time indicated in the Schedule. 3.3.2 The Consultant shall prepare the necessary layouts and drawings to depict the 50% Design efforts. These drawings shall include, but are not limited to: Cover Sheet (1 sheet) Index to Drawings, Abbreviations, and Summary of Quantities (1 sheet) Contractor Staging and Access Plan (1 sheet) Overall Project Site Plan (1 sheet) Construction Safety Plan (1 sheet) Construction Safety Notes and Construction Control Details (1 sheet) Construction Phasing Plans (5 sheets) Construction Plans (10 sheets) Construction Details (5 sheets) 26 sheets total 3.3.3 The Consultant shall prepare quantities, estimate of construction costs, and a proposed construction schedule. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the MTJ's actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates. 3.3.4 The Consultant shall prepare preliminary contract documents and specifications of the project identified items of work. The Consultant shall prepare general provisions and special provisions for this project. Specifications shall describe the character and quality of materials. Technical specifications to be used include FAA AC 150/5370−10 “Standards for Specifying Construction of Airports.” Documents to be prepared consist of the preparation following: Invitation for Bids Instruction to Bidders Proposal Bid Documents Notice of completely approved construction documents that reflect Award Contract Agreement Performance and Payment Bonds Notice to Proceed Notice of Contractor’s Settlement Special Provisions General Provisions Technical Specifications 3.3.5 The Consultant shall submit 4 copies of the approved Preliminary Engineering Reportdeliverables to MTJ and 1 copy to CDOT. Deliverables include: Plans – Half Size (11” x 17”) Contract Documents and Specifications Cost Estimate Construction Schedule 3.3.6 The Consultant shall conduct a Plan−in−Hand review at the completion of the 50% Design deliverable with MTJ and CDOT to solicit comments on the design. It also includes coordination with other design consultants on adjacent segmentsis assumed the Principal, Project Manager 1, and potentially restriping the pavement between Segment 1 Engineer 3 would attend this meeting. It is assumed this meeting will last 2 hours (travel time not included). Travel and Segment 2. The design consultants of both segments overnight accommodations will evaluate and coordinate how to best handle the transition and/or striping. The Design shall build upon the framework identified in the Preliminary Engineering Report and include roadway design, profiles, drainage system and appurtenances, details and the bid documents necessary for a complete design review. The submittal shall be considered final and ready for construction, barring minor comments from Fort Bend County. The Design Submittal shall address all comments from the Preliminary Engineering Phase of the project. The Design Submittal shall include the submittal of the construction ready plans on 11”x17”, the project manual, final utility conflict table, and a final cost estimate in accordance with FBCED requirements. The design submittal includes the following milestones:  70% Submittal (1st Submittal): The submittal shall consist of: o Address 30% Comments o Coversheet o Index of Sheets o Existing and Proposed Typical Sections o Project Layout Sheet o Survey Control Map o Right of Way Map o Horizontal Alignment Data o Plan and Profile o Drainage Area Map o Hydraulic Calculations o Detention Plan o Traffic Control Plan o Traffic Signals & Details (if needed) o Storm Water Pollution Prevention Plan o Cross Sections o Standard Details o Specifications Table of Contents o Spreadsheet based Bid Form with Estimated Unit and Total Costs o 70% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o Submit drawings for regulatory permit and utility reviews o 70% Review Checklist  95% Submittal (2nd Submittal): The submittal shall consist of all the 70% requirements plus the following: o Address 70% Comments & Comment Resolution Spreadsheet o Bid Ready (Not Sealed) o General Notes o Signage and Pavement Marking Plans o Project Manual with Bid Form, Specification Table of Contents, Special Specifications or Conditions, and Contract Documents Excluded o 95% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o 95% Review Checklistnecessary.

Design Phase. The Consultant shall, when authorized by the Authority, perform typical design phase tasks as follows: 1. Topographical maps shall be prepared in such a manner as to accurately define and locate existing homes, buildings, structures, elevation, property lines, public/private utilities, site piping, roadways, right-of-way limits, trees, shrubbery, etc. 2. In the case of a facility building, green infrastructure, and/or pumping station, prepare a parcel map which shall accurately indicate the land area required to construct the proposed improvements. 3. Obtain soil boring where the Consultant determines a need or as directed by the Authority. Soil borings shall be witnessed by the Consultant and a copy of logs shall be included with final bid plan sets. 4. Soil information and Consultant’s findings shall be contained in a bound soils report. 5. Prepare final plans and specifications in such a manner that satisfies the approved contract limits developed during the Preliminary Design Phase of the project shall consist of Agreement. 6. Utilize the Authority’s standard contract documents and detail sheets in the preparation of completely approved construction documents that reflect the approved Preliminary Engineering Reportproject’s contract bid documents. It also includes coordination with other design consultants on adjacent segments, Prepare for the Authority’s review and potentially restriping approval a list of the pavement between Segment 1 and Segment 2Consultant’s recommended manufacturers for each major equipment item. 7. Prepare a shop drawing submittal schedule. The design consultants of both segments schedule shall list all items that will evaluate require a shop drawing submittal/approval. 8. Prepare final plans and coordinate how to best handle the transition and/or stripingspecifications for bidding. The Design shall build upon the framework identified in the Preliminary Engineering Report and include roadway design, profiles, drainage system and appurtenances, details and the bid documents necessary for a complete design review. The submittal drawings shall be considered prepared on 22” x 34” bonded paper. 9. Prepare a State Pollutant Discharge Elimination Systems (SPDES) Application and other State, Federal or local Permit Applications where applicable. 10. Make application and obtain or cause to be obtained all the necessary permits required. 11. Prepare detailed cost estimates and cost schedules based upon final plans and ready specifications. 12. Prepare a design report including required NYSDEC, EPA, Army Corps of Engineers, and/or other controlling agency forms needed for construction, barring minor comments from Fort Bend County. The Design Submittal shall address all comments from the Preliminary Engineering Phase of the project. The Design Submittal shall include Forward as required for approval. 13. Assist the submittal Authority in securing approval of final plans and specifications from affected controlling agencies. 14. Make modifications to plans and specifications based upon review by affected controlling agencies. 15. Complete the construction ready Technical Certificate and Administrative checklist document as required by the New York State Revolving Loan Program and/or any other loan or grant qualifying documents. 16. Update topography and utility information prior to bidding. 17. Be responsible for the distribution of plans on 11”x17”and specifications during the bid period. 18. Assist the Authority in securing bids for this project and make a written recommendation regarding the award. 19. Conduct public outreach in coordination with the Authority including, but not limited to the project manualdevelopment of signage, final utility conflict tablefencing, pamphlets, 3D printed model mock-ups, and a final cost estimate in accordance with FBCED requirements. The design submittal includes the following milestones:  70% Submittal (1st Submittal): The submittal shall consist of: o Address 30% Comments o Coversheet o Index of Sheets o Existing and Proposed Typical Sections o Project Layout Sheet o Survey Control Map o Right of Way Map o Horizontal Alignment Data o Plan and Profile o Drainage Area Map o Hydraulic Calculations o Detention Plan o Traffic Control Plan o Traffic Signals & Details (if needed) o Storm Water Pollution Prevention Plan o Cross Sections o Standard Details o Specifications Table of Contents o Spreadsheet based Bid Form with Estimated Unit and Total Costs o 70% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o Submit drawings for regulatory permit and utility reviews o 70% Review Checklist  95% Submittal (2nd Submittal): The submittal shall consist of all the 70% requirements plus the following: o Address 70% Comments & Comment Resolution Spreadsheet o Bid Ready (Not Sealed) o General Notes o Signage and Pavement Marking Plans o Project Manual with Bid Form, Specification Table of Contents, Special Specifications or Conditions, and Contract Documents Excluded o 95% Plans on 11”x17” Sheets with Electronic PDF files, and KMZ file of existing conditions and current design o 95% Review Checklistdrawings.