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COOPERATIVE AGREEMENT NO. C -5 -3583 <br />EXHIBIT D <br />leased truck from working for others during the term of the lease with the <br />consent of the DBE, so long as the lease gives the DBE absolute priority for <br />use of the leased truck. Leased trucks must display the name and <br />identification number of the DBE. <br />6. If the Consultant listed a non - certified 1$I tier Subconsultant to perform work on this <br />contract, and the non - certified Subconsultant subcontracts a part of its work or <br />purchases materials and /or supplies from a lower tier DBE certified Subconsultant or <br />Vendor, the value of work performed by the lower tier DBE firm's own forces can be <br />counted toward DBE participation on the contract. If a DBE Consultant performs the <br />installation of purchased materials and supplies they are eligible for full credit of the <br />cost of the materials. <br />VII. Performance of DBE Subconsultants <br />DBEs must perform work or supply materials as listed in the "DBE Participation <br />Commitment Form" specified under "DBE Proposal Submission Requirements" of these special <br />provisions. Do not terminate a DBE listed Subconsultant for convenience and perform the work <br />with your own forces or obtain materials from other sources without prior written authorization from <br />the AUTHORITY. <br />The AUTHORITY grants authorization to use other forces or sources of materials for <br />requests that show any of the following justifications (written approval from the AUTHORITY must <br />be- obtained- prior -to effectuating -a- substitution): <br />1. Listed DBE fails or refuses to execute a written contract based on plans and specifications <br />for the project. <br />2. You stipulate a bond is a condition of executing the subcontract and the listed DBE fails to <br />meet your bond requirements. <br />3. Work requires a Consultants' license and listed DBE does not have a valid license under <br />Consultants License Law. <br />4. Listed DBE fails or refuses to perform the work or furnish the listed materials. <br />5. Listed DBE's work is unsatisfactory and not in compliance with the contract. <br />6. Listed DBE delays or disrupts the progress of the work. <br />7. Listed DBE becomes bankrupt or insolvent. <br />If a listed DBE Subconsultant is terminated, you must make good faith efforts to find <br />another DBE Subconsultant to substitute for the original DBE. The substitute DBE must perform <br />at least the same amount of work as the original DBE under the contract to the extent needed to <br />meet the DBE goal. <br />The substitute DBE must be certified as a DBE at the time of request for substitution. The <br />AUTHORITY does not pay for work or material unless it is performed or supplied by the listed <br />DBE, unless the DBE is terminated in accordance with this section. <br />Exhibit D <br />2c5� <br />.L: \Camm \CLERICAL \WORDPROCWGREEWG53583 corre 7 docx <br />