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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE 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 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] TABLE OF CONTENTS Page 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOTTexas Department of Transportation EXHIBIT 5 Addendum #1 to Request for Proposals I-2/I-69C Interchange Project Page 1 Design-approved DB Contractor Build Agreement January 2, 2019 Ex. 5 – Job Training Plan] Plan EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE 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 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] TABLE OF CONTENTS Page 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOTTexas Department of Transportation EXHIBIT 5 Request for Proposals I-2/I-69C Interchange Project Page 1 Design-approved DB Contractor Build Agreement November 7, 2018 Ex. 5 – Job Training Plan] Plan EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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 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. EXHIBIT 5 JOB TRAINING PLAN 4 PERFORMANCE WARRANTY REQUIREMENTS [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] EXHIBIT 6 DBE PERFORMANCE 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 DB Contractor DBE Performance Plan] [Insert DB Contractor Name Here] DBE Performance Plan & Subcontracting Plan ProjectWarranty Term. Consequently, the General Conditions are amended as follows: [Insert Project Name Here] Prepared by: [Insert Name Here] except as otherwise provided, [Insert title Here] Initial Draft: [Insert date here] Revision 1: [Insert date here] [Include additional revisions (i) underlined text is hereby added to the applicable section of the General Conditions and dates, as applicable] TABLE OF CONTENTS Page 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBEii) COMMITMENT 4stricken text is hereby deleted therefrom.

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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOT-approved DB Contractor Job Training Plan] EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 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. EXHIBIT 5 JOB TRAINING PLAN [To be replaced by the TxDOTTexas Department of Transportation EXHIBIT 5 Addendum #4 to Request for Proposals I-2/I-69C Interchange Project Page 1 Design-approved DB Contractor Build Agreement March 14, 2019 Ex. 5 – Job Training Plan] Plan EXHIBIT 6 DBE PERFORMANCE PLAN [To (to be replaced by the TxDOT-approved DB Contractor DBE Performance Plan] ) [Insert DB Contractor Name 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] TABLE OF CONTENTS Page 1. DEFINITIONS 4 2. POLICY STATEMENT 4 3. DISADVANTAGED BUSINESS ENTERPRISES (DBE) COMMITMENT 4