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HomeMy WebLinkAboutContract 45022 aw sEcRETARY CONTRACT NO# maw GTTY of FORT WORTH', TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth,, a, Texas, home-rule municipality (the "CITY"), and Beth Ramirez 'Transportation Engineering L C, authorized to do business in Texas, an�, independent contractor "Consultant'l, for a PROJECT generally described as: On Call Traffic Services. A tiro le I Scope of Services e (1) Consull!tiant 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 Call Traffic Services., (2,) Additional services, if any, will be requested in uniting by the City, City shell not pay for any work performed by Consultant or its subiconsultants, 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. Artl!ole 11 Corm sat'' Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, su�pplieay and equuiipme�n�t necessary to complete the services described in Attachment "A", However the total fee paid by the City shall not exceed a total' of $ 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 third 3 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 OFFICIAL OR Standard Agreement for Professional Services Mo Official Release Date:1/28/2013 CITYSECRETARY Page 1 of 8 T VV FT.WORTHo TX PrICr.IV'�D OCT 2 1 2013 he Article III Term Unless terminated pursuant to the terms herein, 'this, Agreement shall be for a term of one Saar, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first., Arficle IV Independent,Contractor Consultant all 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 soled y responsible for the acts and omiss,ions 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 subcontractom, 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 agenc,ies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liabillity 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 negll'i'gence, intentional tort, intellectual property infringement, or falflure 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,1128J2013 Page 2 of 81 ArUcIe 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 al'low 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 slu�b�consiultanit as, an additional insured under its liability policies. Commercial General Liability $1 000,00�O each occurrence $1 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 $,, 1 00 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,, emplolyees, and servants, shall be endorsed as an additional insured on Consultants, insurance p,ollicies. b. Certificates of insurance shall be delivered to the Tranlispoirtatioini/Pul lie 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 req�u�irements spe:c�i�fied he�rein. 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 to Official Release Date:1/28/2013 Page 3 of 8 AL e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VIII or equiva�lent measiu�re 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 ri,,iust approve in waiting, any alternative coverage. g. Workers' coimpensation 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 i 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. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article 'ill 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 Vill Termll"nati"on of Contract (11) 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:1/2812013 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 s,hia,ll co ensue Co�n�su�ltan�t based upon calculi tions in Article 2 of this Agreement and Exhibit "B)I attached hereto and incorporated herein!,. (3) All reports, whether partial or complete, prepared under this Agreemeint, 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 Citi and s,h,aill 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 sha,ll,, until the expiration of three (3) year's after finial 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 worksp,ace 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 al�l its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall,: until the expiration of three (3) your 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 I 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-consuiltants, 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 Wof1h,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/2013 Page 5 of 8 Article X Minon-ty Business and Small Business Enterprise(MBE)(SBE) Participation In accordance with the City's, Business Diversity Enterprise Ordinance, No. 20020-12-201 11 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 SB,E 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 less than three (3) years. Article X1 Y Observe and Compl' Consultant shall at all times observe and comply with all federal, state,1 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 reguilations 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 ands against all claims or liability arising out of the viioll�ati�oin of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article X11 Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis o' 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 X111 Contract Construction The Parties acknowledge that each party and,, if it an 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 of Fort Worth,Texas Standard Agreement for Professional'S ervices PM O Official Release Date:1112812013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Ardcle XIV Serailty The provisions of this Agreement are severable, and if any word, ph�rase, 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'c,ompetent jurisdi'cti n to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, parag�r,ap,hi, section,, or other part of this Agreement to other persons or c,ircumstances, 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 I hand-delivery or via U.S. Postal' S,erv,ice certified, mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Aftn: Transportation/Public'Works Department 5001 James Avenue Fort Worth, Texas 7'6115 Consultant: Beth Ramirez Transportation Engineering, LLC 1. Attn:* 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:112812013 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shiall, for all purposes, be deemed an original, but all such counterparts shall; together constitute but one and the same instrument. 201�, Executed and effective this tho/�4)___day of(" BY: BY: CITY OF FORT WORTH ENGINEER Beth, Ramirez Transportation Engineering, LLC alrk? 01111� Fernanidio Costa Elizabeth Rai r , P.E. Assistant City, Manager &4 Date,: 13 Date: 7 ,APPROVAL RECOMMENDED.*, 3 EUZABETH CAMARGO Notary Pub0c IN 1,-J At I STATE OF TEXAS DIou Wiersig, Plh.D.,, I Cwn.Ev.11M8=16i Director, Train splortatiIoin Public Works "1 1111 111 APPROVED AS TO FORM AND LEGALITY M&C No..- ov 13 By: M&C Date'. 00ug4aS.Iw.­­l3laek- Assistant City Attorney fo I ATTEST: Ma ry J. K4ys City Seca WHO 0=1 City of Fort Worth,Texas Standard Agreement for Professional Services P,MO Offidal Release DaW 1/2812,01,3 FOIFFICIALRECORD Page 8 of 8 C S CITY SECRETARY ITY "FT*WOR WORTH9 TX ATTACHMENT "Alp Sgope for Traffic Services Division On Call, -.-�nnineerinq Traffic Si nil Related Services The scope set forth herein defines the work to be performed by the ENGINEER, in completing the project. Both the C,ITY 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 lilmite�d to.- identification and reconciliation of project fr ndingi, identification of signal timing and equipment needs ciltywide, and oversight and support fore 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 perlbrmed 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 CI '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 include a detailed description of the task, outline as assumptions and list the required deliverables. Each Work,Authorization shall include 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"U. Each Work Authorization shall include an Attachment"E" identifying the project locations. ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/2712009) PAGE I OF I ATTACHMENT B COMPENSATION On Call Traffic Engineering Services 1. Compensation A. The ENGINEER shall be compensated a total fee not to exceed $100,,000.00 as summarized in Exhibit B-1 — Eng�ineer Invoice and Section IV­Summary 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. i. 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-lalbor expenses shall be reimbursed as Direct Expenses at invoice or internal of cost. Direct expenses (non-labor) 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; pilus,applicable sales, use, value,added, business transfer,, gross receipts, or other similar taxes. iii. Subcontractor Expenses. Subcontract expenses and outsilde services shall be reim� burlsed 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 11 - Method of Payment. City of Fort Worth,Texas Attachment 8 FM 01 0 fficial Release Dale.,5,19.20 1,0 Page I 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 perce,nt co�mp�lete 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 ve�rifi ed as to its accuracy and compliance with the terms of this Agreement by an of 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 ii.. Hours spent on each iii. % of task order complete iv. Any relevant notes that might impact schedule or product City of Forl Worth,Texas Attachment 8 P MO Official Release Date,5-19,20101 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Beth Ramirez Identification and reconciliation $100,000.00 Transportation of project funding, citywide Engineering! LLC signal timing needs assessment deployment of new traffic signal equilpment Pro�posed MfWBE Sub-Conn ulta,nts, Non-MIWBE Consultants TOTAL $100-000.00, 1010% Prqj I ectNumber& Name Trot alFee MIWBE Fee M % $ % City l Goal=—0—% Consultant Committed Go % City of Fort Worth,Texas Atlachiment B PMO Official Release Date:5.19,2010 Page,3 of 4 B-3 EXHIBIT"13-110 ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format follovving this page, including negotiated total budget and allocations of budgets across work types and work pha s. City of Fort Worth,Texas Attachment B P MO ffici l Release Date:5.19.2010. Page 4 of EXHIBIT 113-1149 ENGINEER INVOICE (Supplement to Attachment B) Invoice To: City of Fort Worth TPW 50101 James Ave, Fort Worth,TX Invoice# ...... PO# From-, Both,Ramirez Transportation Engineering LLC Date 9525 Alta Mira Drive,Dallas,Texas,75218 214-886-1180 beth,-ram,irez@ho'tmail.com Extended D,escriEtion,of Service Start End Task I Task 2 Category Rats Hours Total Professional Engineer $ 1X00 Professional Engineer $ 130.00 Professional Engineer $ 1X00 Professional E2gineer $ 130-00 Professional Engineer $ 130.00 001 6. Professional Engineer 130.00 Professional Engineer $ 13,0.00 Professional Engineer $ 13l0,00 Professional,[Engineer $i 1X00 Professional En Ineer $ 130.00" Professional Engineer $ 130.00 Professional Engineer $ 130.00 Professsiona!Engineer $ 130.00, Professional Engineer $l 1X00 Professional Engineer $ 130.00 Professional Engineer $ 1131 Engineer $ 130,00 Professional Engineer $ 130.00 Sub-Totall 0.0,0 _j Non Labor Direct Expens,s Travel Date Rate Miles Total $ o.5,65 $ .56 $ 0,565 $ 0,56 Sub-Total $ - . I Non Labor Dlirelct Expenses Other Receipt# Amount muwirwwwrrwwwwwuiwwww Total Amount Due $ Terrill 30 Days of Receipt Contract Urnit $1110oll000 r�urnmulative Total of Previous Invoices Current Invoice Contract Amount Remaining ATTACHMENT ISCII CHANGES AND AMENDMENTS T01 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 prov is ions do not apply. City o,f Fort Worth,Texas Attachment C P MO Release Date:05.19,2010 Page I of I Consulting Contract Schedule Specifications FORTWORTH City of Fart worn Capital Improvement Program M Attachment D-fr pj"ect Schedule Not applicable to this contract. City of Fort Worth,Texas A"achment 0 PMO Release Date:02,15.2 11 Pagel 1 of 1 Consulting Con roc Schedule Specifications FORTWORTH pity of Fort Worth Capital Improvement Program Attachment E Not applicable to this contract. City of Fart'Worth,Texas Attachment 0 P MO Release Date:02.15.2011 Page 1 of 1 M&C - Council Agenda Page I of I City of Fort Worth:, Texas Mayor and Council Com u is ion COUNCIL ACTION. Approved on 10/16/20113 fts"MMM0610mmuffion DATE. Tuesiday�, October 15, 2013 REFERENCE NO.,-, **C-26498 i LOG NAME,-. 20ENIGIINEERING 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,$1,00,000.,00 for on-call traffi c services over a twelve-month time period. DISCUSSION: The Department of Transportation and Public Works (TPW), Traffic Management Div ision 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 s,i nal initiatives. MANSE Office:A waiver of the goal for MBE/SBE subcontracting requirements was requested, by the Department and approved by the MANSE Office, in accordance with the MANSE or BCE Ordinance, because the purchase of'goads and services from source(s)where subcontracting or supplier opportunities are negligible. FISCAL I_NFORMATION i 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 5391 020 1 00 CERTIFICATIONS.; Submitted for OY Ma,nagerrs Off! Fernando Costa (6122) Orkilinating,12epa,rtment Head.- Douglas W. Wiersig (7801) Additional Informafion Contact*. Alonzo Linan (7861) ATTACHMENTS 1. BI TE TrafEng Sera,pdf (Public) 2. Waiver-BRTE.pdf (CFWInternal) httn­//,qnnvz vfwnet nra/ernimefl/nrinfrnp nqn9ic]-1 RRo();Vrnrint=triic-%RrF)nrTvnp==Prl"-nt 10/1 IV)h I I K411M 4 91 P M* ,r, t 12 gdy,�Wgp=L the contracting/managing department shall detertnine whether the bid/proposal is one which MBE/SBE requirements should not be appfied'. MBE/SBE reqWrements may be WW'ved uploin written approval of'the NVWBE Manager. 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