Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 34 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 1 Commercially Useful Function (CUF) – 49 CFR 26.55(c)(1) defines 2 commercially useful function as: “A DBE performs a commercially useful function 3 when it is responsible for execution of the work of the contract and is carrying 4 out its responsibilities by actually performing, managing, and supervising the 5 work involved. To perform a commercially useful function, the DBE must also be 6 responsible, with respect to materials and supplies used on the contract, for 7 negotiating price, determining quality and quantity, ordering the material, and 8 installing (where applicable) and paying for the material itself. To determine 9 whether a DBE is performing a commercially useful function, you must evaluate 10 the amount of work subcontracted, industry practices, whether the amount the 11 firm is to be paid under the contract is commensurate with the work it is actually 12 performing and the DBE credit claimed for its performance of the work, and other 13 relevant factors.” 14 15 Disadvantaged Business Enterprise (DBE) – A business firm certified by the 16 Washington State Office of Minority and Women’s Business Enterprises, as 17 meeting the criteria outlined in 49 CFR 26 regarding DBE certification. 18 19 Force Account Work – Work measured and paid in accordance with Section 1 -20 09.6. 21 22 Good Faith Efforts – Efforts to achieve the DBE COA Goal or other 23 requirements of this part which, by their scope, intensity, and appropriateness to 24 the objective, can reasonably be expected to fulfill the program requirement. 25 26 Manufacturer (DBE) – A DBE firm that operates or maintains a factory or 27 establishment that produces on the premises the materials, supplies, articles, or 28 equipment required under the Contract. A DBE Manufacturer shall produce 29 finished goods or products from raw or unfinished material or purchase and 30 substantially alters goods and materials to make them suitable for construction 31 use before reselling them. 32 33 Reasonable Fee (DBE) – For purposes of Brokers or service providers a 34 reasonable fee shall not exceed 5% of the total cost of the goods or services 35 brokered. 36 37 Regular Dealer (DBE) – A DBE firm that owns, operates, or maintains a store, 38 warehouse, or other establishment in which the materials or supplies required 39 for the performance of a Contract are bought, kept in stock, and regularly sold 40 to the public in the usual course of business. To be a Regular Dealer, the DBE 41 firm must be an established regular business that engages in as its principal 42 business and in its own name the purchase and sale of the products in question. 43 A Regular Dealer in such items as steel, cement, gravel, stone, and petroleum 44 products need not own, operate or maintain a place of business if it both owns 45 and operates distribution equipment for the products. Any supplementing of 46 regular dealers’ own distribution equipment shall be by long -term formal lease 47 agreements and not on an ad -hoc basis. Brokers, packagers, manufacturers’ 48 representatives, or other persons who arrange or expedite transactions shall not 49 be regarded as Regular Dealers within the meaning of this definition. 50 51