Common use of DBE Requirements Clause in Contracts

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 6% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) 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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project Project, including construction and professional services, is established as 69% of the D&C Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor ▇▇▇▇▇▇▇▇▇ 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (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. 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 design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 610% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor Developer shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 6% of the Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor Developer shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 612.12% of DBE participation for the PriceProfessional Services and construction Work. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 68% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 68% of the Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (DBE) 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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’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 is established as 67% and for construction of the PriceProject is established as 7%. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor ▇▇▇▇▇▇▇▇▇ 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (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. 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 design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 612.5% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 67% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 . 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (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. 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 design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 69% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) 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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’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 is established as 67% and for construction of the PriceProject is established as 7%. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions is to ensure that DBEs shall have an equal opportunity to participate in the performance of contracts that may be financed in whole or in part with federal funds. DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 68% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (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. 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 design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for in the Project Work is established as 6% of the PricePrice allocable to professional services and 6% of the Price allocable to construction work. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s TxDOT- approved DBE Performance Plan. DB Contractor agrees to use good faith efforts to encourage DBE participation in the Work. 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 DB 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 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 in Exhibit 6.or

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 68% of the Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s approved TxDOT -approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor Developer shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 6% of the Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s approved DBE Performance Plan. DB Contractor Developer shall include the DBE Special Provisions and provisions to effectuate the requirements of Section 7.1.1 in every Subcontract (including purchase orders and in every subcontract of any DB ContractorDeveloper-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 DB Contractor 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 in Exhibit 6.

DBE Requirements. 7.1.1 ‌‌ 3.2.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6Attachment 3-2. The purpose of the DBE Special Provisions 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. DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 76 to the Design-Build Agreement. The approved overall DBE participation goal for the Project is established as 6% of in the PriceDesign-Build Agreement. 7.1.2 3.2.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. DB Contractor shall include provisions to effectuate the requirements of Section 7.1.1 3.2.1 in every Subcontract (including purchase orders and in every subcontract of any DB 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 3.2.3 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 in Exhibit 6Attachment 3-2.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) 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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project Project, including construction and professional services, is established as 69% of the D&C Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor Developer shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 66.0% of the Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (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. 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 design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 69% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) 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. DB Contractor 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 design-build development agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB ContractorDeveloper’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 66.0% of the Price. 7.1.2 DB Contractor Developer shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB ContractorDeveloper’s TxDOT-approved DBE Performance Plan. DB Contractor 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 DB ContractorDeveloper-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 DB Contractor 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 Disadvantaged Business Enterprise (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. 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 design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 612.5% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.

DBE Requirements. 7.1.1 TxDOT’s Disadvantaged Business Enterprise (DBE) Special Provisions applicable to the Project are set forth in Exhibit 6. The purpose of the DBE Special Provisions 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. DB Contractor shall comply with all applicable requirements set forth in the DBE Special Provisions and TxDOT’s Disadvantaged Business Enterprise Program applicable to comprehensive design-build agreement projects and adopted pursuant to 49 CFR Part 26, and the provisions in DB Contractor’s approved DBE Performance Plan, set forth in Exhibit 7. The approved overall DBE participation goal for the Project is established as 6% of the Price. 7.1.2 DB Contractor shall exercise good faith efforts to achieve such DBE participation goal for the Project through implementation of DB Contractor’s approved DBE Performance Plan. 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 DB 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 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 in Exhibit 6.or