Common use of DBE Requirements Clause in Contracts

DBE Requirements. 7.1.1 TxDOT’s DBE Special Provisions for Non-Traditional Contracts, applicable to the Project, are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, is established as 9% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 96% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 96% of the D&C Price. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 98% of the D&C Price. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 910% of the D&C Price. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including Project is 12.12% DBE participation for the Professional Services and construction and professional services, is established as 9% of the D&C PriceWork. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 98% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Non-Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Special Provisions for Non-Traditional Contracts, applicable to the Project, are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Non- Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal in the Work for professional services for the Project, including construction and professional services, Project is established as 97% and for construction of the D&C PriceProject is established as 7%. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Non-Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Special Provisions for Non-Traditional Contracts, applicable to the Project, are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Non- Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal in the Work for professional services for the Project, including construction and professional services, Project is established as 97% and for construction of the D&C PriceProject is established as 7%. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx Developer agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Non-Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 912.5% of the D&C Price. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 96.0% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Special Provisions for Non-Traditional Contracts, applicable to the Project, are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, is established as 9% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx Developer agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for in the Project, including construction and professional services, Work is established as 96% of the D&C PricePrice allocable to professional services and 6% of the Price allocable to construction work. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-TxDOT- approved DBE Performance Plan. Xxxxxxxxx DB Contractor agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 7.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.or

DBE Requirements. 7.1.1 TxDOT’s DBE Special Provisions for Non-Traditional Contracts, applicable to the Project, are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 96.0% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Non-Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 9% of the D&C Price. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DeveloperDB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 9% of the D&C Price. 7.1.2 Developer DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DeveloperDB Contractor’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DeveloperDB Contractor-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiersSubcontracts, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer DB Contractor shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Traditional Contracts in Exhibit 6.

DBE Requirements. 7.1.1 8.1.1 Pursuant to an agreement between TxDOT and the Alamo RMA, the Project and the Design/Builder are subject to TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provision 000-461 and TxDOT’s Disadvantaged Business Enterprise Program adopted pursuant to 49 CFR 26, which are included in Exhibit H to this Agreement. The purpose of TxDOT’s DBE Special Provisions for Non-Traditional Contracts, applicable to the Project, are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts Provision is to ensure that DBEs shall have an equal the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer Design/Builder shall comply with all applicable requirements set forth in the (i) TxDOT’s DBE Special Provisions for Non-Traditional Contracts and Provision, (ii) TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26Program, and the provisions in Developer(iii) Design/Builder’s FHWA approved DBE Performance Plan, set forth Plan adopted by Design/Builder in Exhibit 7. accordance with (i) and (ii). 8.1.2 The approved overall DBE participation goal for with respect to design services included in the Project, including construction Development Work is 11.1% of the Development Price attributable to design and other related professional services, including ROW acquisition services. The DBE participation goal with respect to all other Development Work is established as 911.1% of the D&C PriceDevelopment Price attributable to such work. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer 8.1.3 Design/Builder shall include provisions to effectuate the requirements of this Section 7.1.1 8 and Exhibit H in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity member of the Design/Builder Group for the Development Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. In the event Design/Builder intends to perform operations and maintenance work with respect to the Project, Design/Builder agrees to use good faith efforts to encourage DBE participation in the performance of such work. 7.1.3 Developer 8.1.4 Design/Builder shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the TxDOT’s DBE Special Provisions for Non- Traditional Contracts in Exhibit 6Provision.

DBE Requirements. 7.1.1 TxDOT’s DBE Disadvantaged Business Enterprise (DBE) Special Provisions for Non-Traditional Contracts, Contracts applicable to the Project, Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions for Non-Traditional Contracts is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Developer shall comply with all applicable requirements set forth in the DBE Special Provisions for Non-Traditional Contracts and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in Developer’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project, including construction and professional services, Project is established as 98% of the D&C Price. 7.1.2 Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of Developer’s TxDOT-approved TxDOT -approved DBE Performance Plan. Xxxxxxxxx agrees to use good faith efforts to encourage DBE participation in the O&M Work. Developer shall include provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any Developer-Related Entity for the Work), and shall require that they be included in all Subcontracts at lower tiers, so that such provisions will be binding upon each Subcontractor. 7.1.3 Developer shall not cancel or terminate any Subcontract with a DBE firm except in accordance with all requirements and provisions applicable to cancellation or termination of Subcontracts with DBE firms set forth in the DBE Special Provisions for Non- Non-Traditional Contracts in Exhibit 6.