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HomeMy WebLinkAboutContract 45022 (2)MEN ECRETARY _ � V, l� V �p , fJ . •Y 1 LIIr. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES cz 2 This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Beth Ramirez Transportation Engineering LLC, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: On Call Traffic Services. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with On CaII Traffic Services. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. However the total fee paid by the City shall not exceed a total of $100,000.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 1 of 8 �' �' i, �� L' l� r ► !�= 1 ri4ECORF Mft SECRETARY TX _ant. RE to IF: I V ED OLT 2013 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1 000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100 000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation/Public Works Department, Attention Michael Wobken, 5001 James Avenue, Fort Worth, TX 76115 prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A M Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City h. City shall not be responsible for the direct payment of insurance premium costs for Consultant s insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further that City shall have access during normal working hours to all sub - consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not Tess than three (3) years. • Observe and Comply Article XI Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City o Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below City of Fort Worth Attn: Transportation/Public Works Department 5001 James Avenue Fort Worth, Texas 76115 Consultant Beth Ramirez Transportation Engineering, LLC Attng Beth Ramirez 9525 Alta Mira Dr Dallas, TX 75218 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the BY: CITY OF FORT WORTH c)--Ansench Qs — Fernando Costa Assistant City Manager Date: /0/2/43' APPROVAL RECOMMENDED: Sfdayo By. C"f - / Doug . Wiersig, Ph.D., AE. Director, Transportation :`(Public Works BY: ENGINEER Beth Ramirez Transportation Engineering, LLC Date: 139 won Elizabeth Ra (rez, P.E. _MOE &CC/te •....11, APPROVED AS TO FORM AND LEGALITY M&C No.: By: : fltt L. L( it( LC Douglas W. Black- _sg n� Assistant City Attorney ATTEST: /4/ itVlary J. K.ys9r City Secretary • City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 8of8 M&C Date' Cre // 2o' h11 . 6 Lc tole 1.3 7: ELIZABETH CAMARGO Notary Public STATE OF TEXAS My Comm . Exp.11 M 8/2016 ,. Ito ., ...... at. , ,,,,.• ,..,:,.,.. lb. .ip.! Ct. 2i cfl 4FFIImAL RECORD 1 <<Tl SECREiiARlf Vu;, WORT'N, TT ATTACHMENT "A" Scope for Traffic Services Division On Call Enaineerina Traffic Signal Related Services The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The engineering consultant will provide task efforts in the following areas on an as -needed basis as directed by the city project manager. Work under this agreement includes, but is not limited to: identification and reconciliation of project funding, identification of signal timing and equipment needs citywide and oversight and support for the deployment of new traffic signal equipment. WORK TO BE PERFORMED ENGINEER hereby agrees to perform On Call Traffic Engineering Services as may be requested by the CITY during the term of this AGREEMENT. Work under this agreement will be performed on a Work Authorization basis. The CITY will request services for each Work Authorization. The ENGINEER shall prepare the scope, fee, and schedule as necessary to perform the services requested for each Work Authorization within 10 working days of the CITY s request. Each Work Authorization shall include a scope of services as Attachment "A". This scope will outline the tasks required to complete the Work Authorization For each task the scope shall indude a detailed description of the task, outline as assumptions and list the required deliverables. Each Work Authorization shall indude an Attachment "B" detailing the compensation for the Work Authorization. Compensation will be based on hours agreed to by the CITY and the ENGINEER for each Work Authorization. Compensations will be based upon hours agreed to by the CITY and the ENGINEER for each Work Authorization. Compensation will be based on Article I of Attachment "B" of this agreement The fee will include an estimate of reimbursable and sub -consultant cost for each Work Authorization. Compensation for each Work Authorization shall be based on hours worked at the hourly rate specified in Attachment "B". Non -Labor expenses and sub -contractor expenses (if applicable) shall be reimbursed per the terms in Attachment "B". If the Work Authorization requires a schedule it shall be attached as Attachment "D". Each Work Authorization shall indude an Attachment "E" identifying the project locations. ATTACHMENT 'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009) PAGE tOF1 1. Compensation ATTACHMENT B COMPENSATION On Call Traffic Engineering Services A. The ENGINEER shall be compensated a total fee not to exceed $100,000.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total fee shall be considered full compensation for the services described in Attachment A including all labor materials, supplies, and equipment necessary to deliver the services. Labor Expenses. All labor expenses for Elizabeth Ramirez, P E , PTOE shall be reimbursed at an hourly rate of $130 per hour. Labor rates for other employees, if any, must be submitted to the CITY for approval prior to beginning work. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct expenses (non -Tabor) include, but are not limited to: mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with the delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. Subcontractor Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded whether by change in scope of the project, increased costs or other conditions the ENGINEER shall immediately report such fact of the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment. City of Fort Worth, Texas Attachment 8 PMO Official Release Date: 5,19.2010 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in each task order to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. Progress reports will include: I. List of task orders in progress H. Hours spent on each Hi. % of task order complete iv. Any relevant notes that might impact schedule or product City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 4 B-2 Iv. ATTACHMENT B COMPENSATION Summary of Total Project Fees Firm Prime Consultant Beth Ramirez Transportation Engineering, LLC Primary Responsibility Identification and reconciliation of project funding, citywide signal timing needs assessment deployment of new traffic signal equipment Proposed M/WBE Sub -Consultants Non-M/WBE Consultants Project Number & Name City M/WBE Goal = City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 3 of 4 1 Fee Amount $100,000.00 100 TOTAL $100.000.00 100% Total Fee M/WBE Fee LM/WBE % $ % Consultant Committed Goal = 0 % B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 4 of 4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) To: City of Fort Worth TPW 5001 James Ave, Fort Worth TX From: Beth Ramirez Transportation Engineering LLC 9525 Alta Mira Drive, Dallas, Texas 75218 214-886-1180 beth-ramirez@hotmail.com Description of Service Date Start End Non Labor Direct Expenses Travel Date Non Labor Direct Expenses Other Invoice Task 1 1 Task 2 Category Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Professional Engineer Invoice # PO# Date Rate $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130.00 Sub -Total Rate $ 0.565 $ 0.565 $ 0.565 $ 0.565 Sub -Total Receipt # Extended Hours Total 0.00 Miles Total Amount Due $ Total Amount Is �$ Terms: 30 Days of Receipt • Contract Limit $100,000 Cummulative Total of Previous Invoices Current Invoice Contract Amount Remaining ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT On Call Traffic Engineering Services <List any changes to the Standard Agreement> The Consultant is a sole proprietor without employees. The Worker's Compensation provisions do not apply. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D - Project Schedule Not applicable to this contract. City of Fort Worth, Texas Attachment D PMO Release Date: 02,15,2011 Page 1 of 1 FORT WORTH Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment E Not applicable to this contract. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15,2011 Page 1of1 FORT WORTH M&C - Council Agenda Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication 44-04 COUNCIL ACTION: Approved on 10/15/2013 DATE: Tuesday, October 15, 2013 REFERENCE NO.: "*C-26498 LOG NAME: 20ENGINEERING SERVICES AGREEMENT - RAMIREZ SUBJECT: Authorize Execution of an Engineering Services Agreement with Beth Ramirez Transportation Engineering LLC, in the Amount not to Exceed $100,000.00 for On -Call Traffic Services Over a Twelve -Month Time Period (ALL COUNCIL DISTRICTS) RECOMMENDATION It is recommended that the City Council authorize the execution of an On -Call Traffic Services Agreement with Beth Ramirez Transportation Engineering LLC, in the amount not to exceed $100,000.00 for on -call traffic services over a twelve-month time period. DISCUSSION: The Department of Transportation and Public Works (TPW), Traffic Management Division is responsible for the operations of 774 traffic signals within the City limits Traffic Engineering services are needed in order to develop and deploy new signal equipment deployment plans, identify and reconcile project funding, make operational improvement recommendations, and identify equipment needs citywide. These activities require advanced knowledge and experience in traffic engineering techniques and management. Current staffing levels and expertise require contracting engineering services to outside consultants. The proposed on -call traffic services will be utilized over the next 12-months to manage and deliver signal initiatives. M/WBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/ BE Office in accordance with the M/WBE or BDE Ordinance, because the purchase of goods and services from source(s) where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, in the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0204005 $100.000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 1. BRTE TrafEnoSery odf (Public) 2. Waiver-BRTE odf (CFW Internal) Fernando Costa (6122) Douglas W. Wiersig (7801) Alonzo Linan (7861) httn•//annc rfwnet nra/ernnnril/nrintmr ncn9ir1=1 RRAQRrnrint=tripRrflnrTvna=Print 1(1/1 A/7(111 x B. Transportation/Public Works City of Fort Worth Departmental Request for Waiver Of MBE/SBE Subcontracting/Supplier Goal $ 100,000 8/20/2013 DEPARTMENT NAME: ESTIMATED COST / PROPOSAL DATE Engineering Services Agreement - BRTE NAME OF PROJECT/BID: DOE/PROJECT NO. SIGNATURE OF /PROJECT MANAGER 8656 8/8/2013 EXTENSION DATE NIGP CODE Prior to advertisement. the contracting/managing department shall determine whether the bid/proposal is one which MBE/SBE requirements should not be applied. MBE/SBE requirements may be waived upon written approval of the MWBE Manager. If one of the conditions listed below exists, the contracting/managing department shall notify the Manager via this form, stating the specific reason (s) for requesting a waiver. If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager, or designee and his/her decision is final. Please Check Applicable Reason: MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or MWBE Office. A waiver of the goal for MBE/SEE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or seances from source(s) where subcontracting or supplier opportunities are negligible, or C. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the apphcation of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or D. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the MWBE Waiver is solicited based on the sole source information provided to the MWBE Office by the managing department's project manager. Justify Commodity or Service Waiver Request: This engineer is a t-person firm that is uniquely quoided through her 20+ years In municipal government br spadllc traAte sigma related project management end consuidng Inks Cut etch ling slag does not have the e+poroa andlor workload ava/at'ity to complete. She was hired earlier this year on a Smiled basis and now has unique undemanding of day-to-day operations that other consultants do not possess. This wd allow her to complete Ibuse tasks an cost effectively than Diner oonsuflents. The work will be on an Snarl basis es needed Ms S100,000 amount reflects at projected need flu a one-year centred time hit and is eased on departmantaI needs, !� Please use additional ?beets, if needed M(7ig OFFICE USE ONLY: R Approved V Signature of M/WBE Authorized Personnel Not Approved Signature of M/WBE Authorized Personnel AUG1 114'13 PM-.2:06 n Date Nev. 2.20.13