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Docusign Envelope ID:6235D262-566F-44E2-97FE-4F655390BCEC <br /> procurement of materials or supplies required for performance of the contract, provided that the <br /> fee or commission is determined by the Agent to be reasonable and not excessive as compared <br /> with fees customarily allowed for similar services. <br /> (2)The fees charged for delivery of material and supplies required on a j ob site(but <br /> not the cost of the materials and supplies themselves)when the hauler,trucker, or delivery service <br /> is not also the manufacturer or a regular dealer in the materials and supplies. <br /> (3) The fees or commission charged for providing any bonds or insurance <br /> specifically required for the performance of the contract. <br /> 5. Conditional Award. If the successful bidder for a federal-aid contract is determined to be <br /> acceptable, the Agent will conditionally award the contract. The condition of the award is that <br /> within 14 days after the date of the award, the bidder must furnish to the Agent names and <br /> addresses of the DBE subcontractors that are intended to be used, a description of the work each <br /> subcontractor is to perform, the dollar value of each proposed subcontract, and a tentative <br /> agreement for each DBE firm submitted, signed by an officer of the contractor and an officer of <br /> the proposed DBE firm. A contractor who does not meet the contract goal, in whole or in part, <br /> must submit within the 14 days, documentation showing the steps taken to obtain DBE <br /> participation ("Good Faith Effort"). <br /> Such documentation is to be submitted directly to the Agent's Grant Administrator. The Agent's <br /> Grant Administrator will evaluate the contractor's documented efforts and will determine whether <br /> or not they constitute compliance with the contract DBE requirements and are acceptable. Should <br /> the bidder to whom the contract is conditionally awarded refuse, neglect or fail to meet the goals <br /> or furnish acceptable documentation, the bid bond filed with the bid may become the property of <br /> the State, not as a penalty, but as liquidated damages to the Agent. <br /> 6. Conditional Acceptance of Proposal_ If the successful proposer for a federal-aid <br /> professional services contract is determined to be acceptable, the Agent will conditionally accept <br /> the proposal. The condition of the acceptance is that prior to the execution of a professional <br /> services contract, the proposer must furnish to the Agent names and addresses of the DBE <br /> subcontractors that are intended to be used, a description of the work each subcontractor is to <br /> perform, the dollar value of each proposed subcontract, and a tentative agreement for each DBE <br /> firm submitted, signed by an officer of the contractor and an officer of the proposed DBE firm. A <br /> professional service provider who does not meet the contract goal, in whole or in part,must submit <br /> prior to execution of the contract, documentation showing the good faith efforts made to meet the <br /> DBE goal. <br /> Such documentation is to be submitted directly to the Aviation Division. TxDOT's Aviation <br /> Division will evaluate the professional service provider's documented efforts and will determine <br /> whether or not they constitute compliance with the contract DBE requirements and are acceptable. <br /> If the Director of the Aviation Division determines that the professional service provider has failed <br /> to meet the good faith effort requirements, the professional service provider will be given an <br /> opportunity for reconsideration by the Director of the Construction Division. Should the <br /> professional service provider whose proposal has been conditionally accepted refused, neglect or <br /> fail to make a good faith effort to meet the goals or furnish acceptable documentation, the Agent <br />