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11 VI COOPERATIVE AGREEMENT NO, C -5 -3583 EXHIBIT D DBE Eligibility and Commercially Useful Function Standards A DBE must be certified at the time of Proposal submission: 1. A certified DBE must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations promulgated pursuant thereto. 2. A DBE may participate as a Prime Consultant, Subconsultant, joint venture partner with a Prime or Subconsultant, vendor of material or supplies, or as a trucking company. 3. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. 4. At time of proposal submission, DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: A. The CUCP web site, which can be accessed at http: / /www.californiaucp.com; or the Caltrans "Civil Rights" web site at http: / /www.dot.ca.gov /hq /bep. 5. A DBE must perform a commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work). A DBE should perform at least thirty percent (30 %) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function. DBE Crediting Provisions 1. When a DBE is proposed to participate in the contract, either as a Prime Consultant or Subconsultant, at any flier, only the value of the work proposed to be performed by the DBE with its own forces may be counted towards DBE participation. If the Consultant is a DBE joint venture participant, only the DBE proportionate interest in the joint venture must be counted. If a DBE intends to subcontract part of the work of its subcontract to a lower -tier Subconsultant, the value of the subcontracted work may be counted toward DBE participation only if the Subconsultant is a certified DBE and actually performs the work with their own forces. Services subcontracted to a Non -DBE firm may not be credited toward the Prime Consultant's DBE attainment. 3. Consultant is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows: A. Sixty percent (60 %) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a regular dealer; or B. One hundred percent (100 %) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a DBE manufacturer. Exhibit D Page 10 25F -53