Common use of Withholding for Maintenance Security Clause in Contracts

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] [Insert DB Contractor Name Here] DBE Performance Plan & Subcontracting Plan Project: [Insert I-35 NEX Central Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 7 of the CMA General ConditionsCMA. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon (a) the provision of the Maintenance Security required under Section 3.2 7 of the CMA General Conditionswithin 60 days after TxDOT’s issuance of Maintenance NTP1, which shall be no later than 14 or (b) the election of TxDOT not to issue Maintenance NTP1 within 180 days prior to the Initial Maintenance Term Commencement Dateafter Final Acceptance. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 7 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 5 2. POLICY STATEMENT 4 5 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 45

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 7 of the CMA General ConditionsCMA. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon (a) the provision of the Maintenance Security required under Section 3.2 7 of the CMA General Conditionswithin 60 days after TxDOT’s issuance of Maintenance NTP1, which shall be no later than 14 or (b) the election of TxDOT not to issue Maintenance NTP1 within 180 days prior to the Initial Maintenance Term Commencement Dateafter Final Acceptance. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 7 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] Texas Department of Transportation EXHIBIT 5 Addendum #1 to Request for Proposals I-35 NEX South Project Page 1 Design-Build Agreement January 10, 2023 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] Texas Department of Transportation EXHIBIT 6 Addendum #1 to Request for Proposals I-35 NEX South Project Page 1 Design-Build Agreement January 10, 2023 Ex. 6 – DBE Performance Plan 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] Texas Department of Transportation EXHIBIT 5 Addendum #2 to Request for Proposals I-35 NEX South Project Page 1 Design-Build Agreement February 21, 2023 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] Texas Department of Transportation EXHIBIT 6 Addendum #2 to Request for Proposals I-35 NEX South Project Page 1 Design-Build Agreement February 21, 2023 Ex. 6 – DBE Performance Plan 1. DEFINITIONS 4 2. GENERAL POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Herename here] , [Insert title Herehere] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Herename here] , [Insert title Herehere] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 5 2. POLICY STATEMENT 4 5 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 45

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] Texas Department of Transportation EXHIBIT 5 Request for Proposals I-35 NEX South Project Page 1 Design-Build Agreement November 9, 2022 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] Texas Department of Transportation EXHIBIT 6 Request for Proposals I-35 NEX South Project Page 1 Design-Build Agreement November 9, 2022 Ex. 6 – DBE Performance Plan 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOTDocuSign Envelope ID: 05C1F150-approved DB Contractor 2AD5-4643-82AF-864EEA18D456 Texas Department of Transportation EXHIBIT 5 Execution Version I-35E Phase 2 Project Design-Build Agreement Ex. 5 – Job Training Plan] [To be replaced by the TxDOTPlan DocuSign Envelope ID: 05C1F150-approved DB Contractor DBE Performance Plan] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 2AD5-4643-82AF-864EEA18D456 SECTION 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4JOB TRAINING & OPPORTUNITY PLAN OVERVIEW

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by included only if a Performance Warranty is used.] As set forth in Section 2.1.4 of the TxDOT-approved DBA, in addition to the General Warranty for all elements of the Work, DB Contractor Job Training Plan] [To shall be replaced by responsible for providing a Performance Warranty in accordance with all specified requirements set forth in this Exhibit 4 throughout the TxDOT-approved Warranty Term. Consequently, the General Conditions are amended as follows: except as otherwise provided, (i) underlined text is hereby added to the applicable section of the General Conditions and (ii) stricken text is hereby deleted therefrom. 1. Section 3.4 of the General Conditions is hereby amended as follows: DB Contractor DBE Performance Plan] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] shall provide payment, [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and datesperformance and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as applicable] 1. DEFINITIONS 4 described below. 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4Section 3.4.7 of the General Conditions is hereby deleted in its entirety and replaced with the following:

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 5 2. POLICY STATEMENT 4 5 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 45

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. Texas Department of Transportation EXHIBIT 5 Addendum #3 to Request for Proposals I-2/I-69C Interchange Project Page 1 Design-Build Agreement March 6, 2019 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Herename here] , [Insert title Herehere] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 3.2.3.2 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. Texas Department of Transportation EXHIBIT 5 Request for Proposals I-2/I-69C Interchange Project Page 1 Design-Build Agreement November 7, 2018 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 5 2. POLICY STATEMENT 4 5 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 45

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. Texas Department of Transportation EXHIBIT 5 Addendum #4 to Request for Proposals I-2/I-69C Interchange Project Page 1 Design-Build Agreement March 14, 2019 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Herename here] , [Insert title Herehere] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an $[insert amount equal to the initial penal sum of the Maintenance Performance Bond (regardless of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds), calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), Security] as security for the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to in the Retained Security Amount amount of $[insert amount of Maintenance Security] in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount retained $[insert amount of Maintenance Security] or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 3.3 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. Texas Department of Transportation EXHIBIT 5 Addendum #1 to Request for Proposals I-2/I-69C Interchange Project Page 1 Design-Build Agreement January 2, 2019 Ex. 5 – Job Training Plan [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Herename here] , [Insert title Herehere] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 5 2. POLICY STATEMENT 4 5 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 45

Withholding for Maintenance Security. TxDOT shall retain from the Final Payment, and if it reasonably appears there will be insufficient funds at Final Payment, from progress payments, an amount equal to the initial penal sum of the Maintenance Performance Bond (regardless required pursuant to Section 3.2.3 of whether DB Contractor intends to secure its maintenance obligations with letters of credit or bonds)the CMA General Conditions, calculated as of the date of Substantial Completion and in accordance with Section 3.2.3 of the CMA General Conditions (the “Retained Security Amount”), as security for the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions. DB Contractor shall have the option at any time to deliver an irrevocable letter of credit equal to the Retained Security Amount in lieu of the retained sums in a form and on terms acceptable to TxDOT in its sole discretion. TxDOT shall release the Retained Security Amount or letter of credit, as applicable, to DB Contractor upon the provision of the Maintenance Security required under Section 3.2 of the CMA General Conditions, which shall be no later than 14 120 days prior to the Initial Maintenance Term Commencement Date. In the event TxDOT does not receive the Maintenance Security required under Section 3.2 of the CMA General Conditions by the deadline set forth therein, DB Contractor shall forfeit as liquidated damages and not as a penalty such sums, or if a letter of credit is provided in lieu of retained amounts, TxDOT shall have the right to draw on the letter of credit. [To be replaced by the TxDOT-approved Insert DB Contractor Job Training Plan] [To be replaced by the TxDOT-approved DB Contractor DBE Performance PlanName Here] DBE Performance Plan & Subcontracting Plan Project: [Insert Project Name Here] Prepared by: [Insert Name Here] , [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions and dates, as applicable] 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4