HomeMy WebLinkAboutRes.2785.09-23-2013BILL NO. 13-142
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH STANTEC
CONSULTING, INC., FOR THE STORM WATER MASTER
PLAN UPDATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute an Agreement with Stantec Consulting, Inc., for the
Storm Water Master Plan Update, in the City of Cape Girardeau.
The Agreement shall be in substantially the form attached hereto
as Exhibit A, which document is hereby approved by the City
Council, with such changes therein as shall be approved by the
officers of the City executing the same.
PASSED AND ADOPTED THIS C93 DAY OF . 2013.
ATTEST:
AP j
j,=, t✓ �;
Gayl! L. Conrad, City Clerk
Harry E. Rediger, Mayor
CONTRACT
For
STORM WATER IMPROVEMENT PROJECTS
CONSULTANT NAME: Stantec Consultin! Services Inc.
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and Stantec Consulting Services Inc., 1859 Bowles Avenue, Suite 250, St. Louis, Missouri 63026,
hereinafter referred to as the "Consultant".
INASMUCH as Sewer Fund Operating Budget funds, have been made available to the City, the City
intends to complete Storm Water Improvement projects and requires professional engineering
services. The Consultant, upon the City's request through written Task Orders, will provide the City
with any and all professional services hereinafter detailed for the planning, design and/or construction
inspection of the desired improvements and the City will pay the Consultant as provided in this
contract and subsequent Task Orders. It is mutually agreed as follows:
ARTICLE I - SCOPE OF SERVICES
A. DESIGN PHASE - The Consultant will if requested by the City:
1. determine the needs of the City for the project;
2. conduct topographic, property and utility surveys sufficient to develop plans for the
project;
3. arrange for subsurface investigations if needed;
4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates,
develop preliminary plans, and recommend to the City a reasonable overall general
design based on these studies;
5. submit appropriate copies of preliminary plans, estimates and/or studies for review by
the City;
6. prepare detailed construction plans, cost estimates, specifications and related documents
as necessary for the purpose of soliciting bids for constructing the project. Provision
will be made in the contract documents for that portion of the work that will be
performed by City's forces;
7. secure adequate property title information, determine right-of-way requirements, prepare
right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary
easements needed for the project;
8. ensure compliance with water quality requirements by coordinating with the Missouri
Department of Natural Resources and the U.S. Army Corps of Engineers and also
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ensure compliance with the requirements of the Federal Emergency Management
Agency (FEMA);
9. ensure compliance with historic preservation requirements through coordination with
the Missouri Department of Natural Resources, and if deemed necessary, arrange to
have the site examined by a qualified archaeologist on a subcontract basis;
10. ensure compliance with all regulations in regards to noise abatement and air quality, if
necessary; and
11. after making final corrections resulting from reviews by agencies involved, provide the
City with the appropriate sets of completed plans, specifications, studies and/or cost
estimates for the purpose of obtaining construction authorization from the City.
B. BIDDING PHASE - The Consultant will if requested by the City:
assist the City in advertising for bids and evaluating bids.
2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross
errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the
request of City and for no additional cost, prepare a report for City identifying why all
the bids exceed the estimate. The City has four (4) options if all bids exceed
Consultant's Estimate. The City may: (1) give written approval of an increase in the
Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this
Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all
as necessary to reduce the construction cost. In the case of (4), Consultant, without
additional charge to City, shall consult with City and shall revise and modify the scope,
plans, or specifications as necessary to achieve compliance with the "Consultant's
Estimate".
C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's
representative for administering the terms of the construction contract between City and their
Contractor. Consultant will endeavor to protect the City against defects and deficiencies in
workmanship and materials in work by the Contractor. However, the furnishing of such
project representation will not make Consultant responsible for the construction methods and
procedures used by the Contractor or for the Contractor's failure to perform work in
accordance with the contract documents. Consultant's services will include more specifically
as follows if needed:
assist the City with a preconstruction conference to discuss project details with the
Contractor;
2. make periodic site visits to observe the Contractor's progress and quality of work, and
to determine if the work conforms to the contract documents. The Consultant will
accompany City representatives on visits of the project site as requested;
3. check shop drawings and review schedules and drawings submitted by the Contractor;
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4. reject work not conforming to the project documents;
5. prepare change orders for issuance by the City as necessary and assure that proper
approvals are made prior to work being performed;
6. review wage rates, postings, equal employment opportunity and other related items
called for in the contract documents;
7. inspect materials, review material certifications furnished by Contractor, sample
concrete and other materials as required, and arrange for laboratory testing of samples
by others on a subcontract basis. Independent assurance samples and tests will be
performed by City personnel and such sampling and testing is excluded from the work
to be performed by the Consultant under this contract;
8. maintain progress diary and other project records, measure and document quantities,
and review monthly estimates for payments due the Contractor;
9. be present during critical construction operations, including but not limited to the
following:
a. structure layout;
b. excavation and backfilling;
C. driving of piles;
d. checking of reinforcing steel prior to concrete placement;
e. concrete batching and pouring;
f. placement of girders; and
g. placement of surfacing materials; and
10. participate in final inspection, provide the City with project documentation (diaries,
test results, certifications, etc.), and provide as -built plans for the City's records.
ARTICLE II - ADDITIONAL SERVICES
The City reserves the right to request additional work; changed or unforeseen conditions may require
changes and work beyond the scope of this contract. In this event, a supplement to this agreement
shall be executed and submitted for the approval of City prior to performing the additional or
changed work or incurring any additional cost thereof. Any change in compensation will be covered
in the supplement.
ARTICLE III - RESPONSIBILITIES OF CITY
The City will cooperate fully with the Consultant in the development of the project, including the
following:
A. make available all information pertaining to the project which may be in the possession of the
City;
B. provide the Consultant with the City's requirements for the project;
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C. make provisions for the Consultant to enter upon property at the project site for the
performance of his duties;
D. examine all studies and layouts developed by the Consultant and render decisions thereon in a
prompt manner so as not to delay the Consultant;
E. designate a City's employee to act as City's representative under this contract, such person
shall have authority to transmit instructions, interpret the City's policies and render decisions
with respect to matters covered by this agreement;
F. perform appraisals and appraisal review, negotiate with property owners and otherwise
provide all services in connection with acquiring all right-of-way and easements needed to
construct this project.
ARTICLE IV - PERIOD OF SERVICE
The Consultant will commence work within two weeks after receiving signed Task Order and notice
to proceed from the City. The phases of work shall be completed in accordance with the associated
Task Order.
The times are exclusive of review time by other agencies and exclusive of time needed to acquire
right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the
Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating
fully the reasons for the request.
ARTICLE V - STANDARDS
The Consultant shall be responsible for working with the City in determining the appropriate design
parameters and construction specifications for the project using good Engineering judgment based on
the specific site conditions, City needs, and guidance provided in the most current version of City of
Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way,
then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for
Highway Construction shall be followed.
ARTICLE VI - COMPENSATION
For services provided under this contract, the City will compensate the Consultant as determined in
the Task Order based on Consultant's Charge Out Rates as determined below:
Charge Out rates shall include all direct payroll, general and administrative overhead,
specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay,
insurance benefits, retirement and incentive pay.
2. Additional work incurred by others on a subcontract basis, said costs are to be passed through
the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors,
only if required and approved by the City.
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METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be
made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the
City.
1. Invoices will be submitted monthly. Invoices submitted on or before the 20th
day of any month shall become due and payable on the 10th day of the
following month. Invoices for each Task Order shall be submitted separately.
2. City's Riaht to Withhold Payment. In the event City becomes informed that
any representations of Consultant provided in its monthly billing, are wholly or
partially inaccurate, City may withhold payment of sums then or in the future
otherwise due to Consultant until the inaccuracy and the cause thereof, is
corrected to City's reasonable satisfaction. Consultant shall correct or revise
any errors or deficiencies in its designs, drawings or specifications without
additional compensation when due solely to Consultant's negligent acts, errors,
or omissions.
PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment
for the performance of this contract, appropriate credit will be given for any residual value of said
equipment after completion of usage of the equipment.
ARTICLE VII - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this contract. For breach or violation of this warranty, the City shall
have the right to annul this agreement without liability, or in its discretion to deduct from the contract
price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee, plus reasonable attorney's fees.
ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, the contract itself, or any Task Order, except as
provided herein, shall be assigned, sublet or transferred without the written consent of the City. The
subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and
performance of the work. The Consultant may engage subcontractors for the purposes of. foundation
borings and tests, abstracts of title, archaeological studies and environmental studies, if required and
approved by the City.
ARTICLE IX - PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect
the name and seal of the Professional Engineer endorsing the work. By signing and sealing the
PS&E submittals the Engineer of Record will be representing to the City that the design is meeting
the intent of the program. Any review or approval by City of any documents prepared by the
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Consultant and/or its consultants including but not limited to the plans and specifications, shall be
solely for the purpose of determining whether such documents are consistent with City's construction
program and intent and shall not be construed as approval of same by City. No review of such
documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability
and coordination of its work product.
Consultant shall assign only qualified personnel to perform any service concerning the Project. At
the time of execution of the Task Order, the parties will agree on the Project Manager for the Task.
This person shall be the primary contact with the City's Project Manager and shall have authority to
bind Consultant.
ARTICLE X - RETENTION OF RECORDS
The Consultant shall maintain all records, survey notes, design documents, cost and accounting
records, construction records and other records pertaining to this contract and to the project covered
by this contract, for a period of not less than three years following final payment by City. Said
records shall be made available for inspection by authorized representatives of the City during regular
working hours at the Consultant's place of business.
ARTICLE XI - OWNERSHIP OF DOCUMENTS
Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become
the property of the City upon termination or completion of work. Basic survey notes, design
computations and other data prepared under this contract shall be made available to the City upon
request. All such information produced under this contract shall be available for use by the City
without restriction or limitation on its use. If the City incorporates any portion of the work into a
project other than that for which it was performed, the City shall save the Consultant harmless from
any claims and liabilities resulting from such use.
ARTICLE XII - TERMINATION
The City may terminate the contract at any time by giving written notice. If the contract is terminated
because the project is abandoned or postponed by the City, the Consultant will be paid for actual time
and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee.
If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of
the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure
completion of the work in such manner as it deems to be in the best interest of the City. A Notice of
Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to
remedy the cause for termination. The Consultant will be responsible for any excess cost in addition
to that provided for in this contract or any damages the City may sustain by reason of the termination
of this contract due to unsatisfactory performances or prosecution. When Consultant services have
been so terminated, such termination shall not affect any rights or remedies of the City against
Consultant then existing or which may later accrue. Similarly, any retention or payment of monies
due the Consultant shall not release the Consultant from liability.
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ARTICLE XIII - DECISIONS UNDER THIS CONTRACT
The City will determine the acceptability of work performed under this contract, and will decide all
questions which may arise concerning the project. The City's decision shall be final and conclusive.
ARTICLE XIV - SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree
that this contract and all contracts entered into under the provisions of this contract shall be binding
upon the parties hereto and their successors and assigns.
ARTICLE XV - COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination
clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of
obligations under this contract. Consultant shall further comply with the following state law
requirements:
Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00,
the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and
participation in a federal work authorization program (as defined therein) and shall provide
verification through an affidavit (attached as Attachment C) that the Consultant (1) does not
knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is
enrolled in a federal work authorization program and provide documentary proof thereof. The
affidavit shall contain the notarized signature of the registered agent, legal representative or corporate
officer of the Consultant including but not limited to the human resources director or their equivalent.
Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of
application for any contract provided by a local government provide "affirmative proof that the
applicant is a citizen or a permanent resident of the United States or is lawfully present in the United
States." Consultant's affirmative proof must be established through (i) a Missouri driver's license,
(ii) any "documentary evidence recognized by the department of revenue when processing an
application for a driver's license," or (iii) "any document issued by the federal government that
confirms an alien's lawful presence in the United States." §208.009.3
ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts
or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover
its actual attorneys' fees from Consultant for the City's enforcement of this Agreement.
ARTICLE XVII — INSURANCE
The Consultant shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Consultant
from claims under Worker's Compensation Acts, claims for damages for personal injury or death,
and for damages to property arising from the negligent acts, errors, or omissions of the Consultant
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and its employees, agents and Sub consultants in the performance of the services covered by this
Agreement, including, without limitation, risks insured against in commercial general liability
policies.
The Consultant shall also maintain professional liability insurance to protect the City against the
negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible,
arising out of the performance of professional services under this Agreement.
Unless another amount is agreed to by the City Engineer based on the circumstances, the Consultant
and his Sub consultants shall procure and maintain during the life of this Agreement insurance of the
types and minimum amounts as follows:
Insurance Type Amount
Worker's Compensation: In full compliance with statutory requirements of
Federal and State of Missouri
Comprehensive General and Professional Liability: $399,000 each person
$2,660,000 each occurrence
Comprehensive Automobile Liability:
Employer Liability:
City's Protective Bodily Injury Including Death:
City's Protective Property Damage:
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
$399,000 each person
$2,660,000 each occurrence
The City's Protective policy shall name the City as the Insured. Certificates evidencing such
insurance shall be furnished the City prior to Consultant commencing the work on this project.
Except for Workers' Compensation and Employer's Liability, the certificates must state, "The CITY
OF CAPE GIRARDEAU is an additional insured". The City Engineer reserves the right to adjust the
limit coverage requirements in accordance with changes in the statutory sovereign immunity limits
over the life of this contract to reflect any changes in the limits as published by the Missouri
Department of Insurance in the state register pursuant to RSMo. §537.610.
The Consultant shall, upon request at any time, provide the City with certificates of insurance
evidencing the Consultant's commercial general or professional liability policies and evidencing that
they and all other required insurance is in effect, as to the services under this Contract.
Any insurance policy required as specified in this Article shall be written by a company that is
incorporated in the United States of America or is based in the United States of America. Each
insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
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ARTICLE XVIII — FINDINGS CONFIDENTIAL
To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by
the Consultant under this contract are confidential, and the Consultant agrees they shall not be made
available to any individual or organization without the prior written approval of the City. The use and
disclosure of the confidential information shall not apply to information which (a) was known to the
Consultant before receipt of same from the City; or (b) becomes publicly known other than through
the Consultant; or (e) is disclosed pursuant to the requirements of a governmental authority or judicial
order.
ARTICLE XIX - NONDISCRIMINATION
The Consultant, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of
1964, as amended. More specifically, the Consultant will comply with the regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405
which are herein incorporated by reference and made a part of this contract. In all solicitations either
by competitive bidding or negotiation made by the Consultant for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the Consultant's obligations under this contract and the regulations
relative to non-discrimination on the ground of color, race or national origin.
ARTICLE XX — PERIOD OF SERVICE
This contract shall remain in effect for five years.
ARTICLE XXI - ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A — Charge out rates for 2013, 2014 2015, 2016, 2017, and 2018
Attachment B — Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions.
Attachment C — Affidavit of Participation in Federal Work Authorization Program
Executed by the Consultant this 18th day of September, 2013.
Executed by the City this a1 day of 5eQ��r�k r" , 20 13.
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FOR: CITY OF CAPE GIRARDEAU
BY:
ATT
FOR: STANTEC CONSULTING SERVICES INC.
BY:
Robert J.
ATTEST:
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ATTACHMENT A
Break Out Rates
For Year _
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STANTEC 2013 RATE SCHEDULE
Stantec
STANTEC 2013 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 2)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Expert Witness Services carry a 50% premium on labor.
Stantec 2013 MASTER Rate Schedule Table 2 wo titles (0%).docs
HRLY RATE
DESCRIPTIONLEVEL
1
$51
Generally Not applicable (Admin, CADD Tech., Stenographer)
2
$58
May on occasion be appropriate for intern and clerical support.
3
$64
Clerical, Interns, & Field/Lab Techs (Geologist, Environmental ScientistiPlanner,GIS Specialist,GIS
4
$71
Technician, Engineering Technician, Senior CADD Tech)
5
6
$78
$85
• Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
tasks.
$92
Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech)
8
$100
• Independently carries out assignments of limited scope using standard procedures, methods and
9
$108
techniques
• Assists senior staff in carrying out more advanced procedures
• Completed work is reviewed for feasibility and soundness of judgment
• Recent graduate from an appropriate post -secondary program or equivalent.
10
$117
Professional level positions (Senior Level Project Engineer, Geologist, Geohydrologist,
11
$126
Environmental Scientist, GIS Manager)
12
$126
• Carries out assignments requiring general familiarity within a broad field of the respective profession
• Makes decisions by using a combination of standard methods and techniques
. Actively participates in planning to ensure the achievement of objectives
• Works independently to interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
13
$146
Highly -specialized technical professional or project supervisor (Project Manager/Senior Engineer)
14
$155
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
15
$162
• Participates in short and long range planning to ensure the achievement of objectives
• Makes responsible decisions on all matters, including work methods, and financial controls associated
with projects
• Decisions accepted as technically accurate
• Reviews and evaluates technical work
16
$190
Senior level consultant or management function (Associate EngineerlProgram Manager)
17
$219
• Recognized as an authority in a specific field with qualifications of significant value
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
• Independently conceives programs and problems for investigation
• Participates in discussions to ensure the achievement of program and/or project objectives
• Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
18
$259
Senior level management position (Professional Consultation/Principal Engineer)
19
$295
• Recognized as an authority in a specific field with qualifications of significant value
• Responsible for long range planning within a specific area of practice or region
• Makes decisions which are far reaching and limited only by objectives and policies of the organization
• Plans/approves projects requiring significant human resources or capital investment
• Graduate from an appropriate post -secondary program, with credentials or equivalent
• Generally, fifteen years' experience with extensive professional and management experience
Expert Witness Services carry a 50% premium on labor.
Stantec 2013 MASTER Rate Schedule Table 2 wo titles (0%).docs
STANTEC 2013 RATE SCHEDULE '�"
Stw tec
STANTEC 2013 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 2)
Other Direct Disbursements:
Disbursement
Rate
Vehicle Mileage
15're-vailing IRS Rate
Subcontract Services
Actual Cost
Travel Lodging/Meals
Actual Cost
Capital Purchases and Expendable Materials
Actual Cost
Postage and Shipping
Actual Cost
Standard Field Equipment
See Attached Schedule
Stantec 2013 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2014 RATE SCHEDULE
STANTEC 2014 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 2)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Expert Witness Services carry a 50% premium on labor.
Stantec 2014 MASTER Rate Schedule Table 2 wo titles (0%).dopc
HIRLY RATE
DESCRIPTIONLEVEL
Generally Not applicable (Admin, CADD Tech., Stenographer)
1
2
$53
$61
• May on occasion be appropriate for intern and clerical support.
3
$68
4
$76
Clerical, Interns, & Field/Lab Techs (Geologist, Environmental Scientist/Planner,GIS Specialist,GIS
5
5$91
$83
Technician, Engineering Technician, Senior CADD Tech)
• Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
tasks.
$98
Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech)
8
$106
• Independently carries out assignments of limited scope using standard procedures, methods and
9
$114
techniques
. Assists senior staff in carrying out more advanced procedures
• Completed work is reviewed for feasibility and soundness of judgment
• Recent graduate from an appropriate post -secondary program or equivalent.
10
$123
Professional level positions (Senior Level Project Engineer, Geologist, Geohydrologist,
11
$132
Environmental Scientist, GIS Manager)
12
$142
• Carries out assignments requiring general familiarity within a broad field of the respective profession
• Makes decisions by using a combination of standard methods and techniques
• Actively participates in planning to ensure the achievement of objectives
• Works independently to interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
13
$152
Highly -specialized technical professional or project supervisor (Project Manager/Senior Engineer)
14
$161
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
15
$168
• Participates in short and long range planning to ensure the achievement of objectives
• Makes responsible decisions on all matters, including work methods, and financial controls associated
with projects
• Decisions accepted as technically accurate
• Reviews and evaluates technical work
16
6
$196
Senior level consultant or management function (Associate Engineer/Program Manager)
$225
• Recognized as an authority in a specific field with qualifications of significant value
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
• Independently conceives programs and problems for investigation
• Participates in discussions to ensure the achievement of program and/or project objectives
• Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
Senior level management position (Professional Consultation/Principal Engineer)
18
19
$265
$300
• Recognized as an authority in a specific field with qualifications of significant value
a Responsible for long range planning within a specific area of practice or region
• Makes decisions which are far reaching and limited only by objectives and policies of the organization
• Plans/approves projects requiring significant human resources or capital investment
• Graduate from an appropriate post -secondary program, with credentials or equivalent
• Generally, fifteen years' experience with extensive professional and management experience
Expert Witness Services carry a 50% premium on labor.
Stantec 2014 MASTER Rate Schedule Table 2 wo titles (0%).dopc
STANTEC 2014 RATE SCHEDULE
110-
Stantec
STANTEC 2014 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 2)
Other Direct Disbursements:
Disbursement
Vehicle Mileage
7r-evailing IRS Rate
Subcontract Services
Actual Cost
Travel Lodging/Meals
Actual Cost
Capital Purchases and Expendable Materials
Actual Cost
Postage and Shipping
Actual Cost
Standard Field Equipment
Rates available upon request
Stantec 2014 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2015 RATE SCHEDULE
STANTEC 2015 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 2)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Expert Witness Services carry a 50% premium on labor.
Stantec 2015 MASTER Rate Schedule Table 2 wo titles (0%).docx
HRLY RATE
DESCRIPTIONLEVEL
1
$55
Generally Not applicable (Admin, CADD Tech., Stenographer)
2
$63
• May on occasion be appropriate for intern and clerical support.
3
$71
Clerical, Interns, & Field/Lab Techs (Geologist, Environmental Scientist/Planner,GIS Specialist,GIS
4
$79
Technician, Engineering Technician, Senior CADD Tech)
5
6
$86
$95
• Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
tasks.
Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech)
7
8
$102
$110
• Independently carries out assignments of limited scope using standard procedures, methods and
9
$119
techniques
. Assists senior staff in carrying out more advanced procedures
• Completed work is reviewed for feasibility and soundness of judgment
• Recent graduate from an appropriate post -secondary program or equivalent.
10
$128
Professional level positions (Senior Level Project Engineer, Geologist, Geohydrologist,
11
$137
Environmental Scientist, GIS Manager)
12
$148
• Carries out assignments requiring general familiarity within a broad field of the respective profession
• Makes decisions by using a combination of standard methods and techniques
• Actively participates in planning to ensure the achievement of objectives
• Works independently to interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
13
$158
Highly -specialized technical professional or project supervisor (Project Manager/Senior Engineer)
14
$167
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
15
$175
• Participates in short and long range planning to ensure the achievement of objectives
a Makes responsible decisions on all matters, including work methods, and financial controls associated
with projects
• Decisions accepted as technically accurate
• Reviews and evaluates technical work
16
$204
Senior level consultant or management function (Associate Engineer/Program Manager)
17
$234
• Recognized as an authority in a specific field with qualifications of significant value
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
• Independently conceives programs and problems for investigation
• Participates in discussions to ensure the achievement of program and/or project objectives
• Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
Senior level management position (Professional Consultation/Principal Engineer)
18
19
$276
$312
• Recognized as an authority in a specific field with qualifications of significant value
• Responsible for long range planning within a speck area of practice or region
• Makes decisions which are far reaching and limited only by objectives and policies of the organization
• Plans/approves projects requiring significant human resources or capital investment
• Graduate from an appropriate post -secondary program, with credentials or equivalent
• Generally, fifteen years' experience with extensive professional and management experience
Expert Witness Services carry a 50% premium on labor.
Stantec 2015 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2015 RATE SCHEDULE
StantK
STANTEC 2015 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 2)
Other Direct Disbursements:
Disbursement
Vehicle Mileage
Prevailing IRS Rate
Subcontract Services
Actual Cost
Travel Lodging/Meals
Actual Cost
Capital Purchases and Expendable Materials
Actual Cost
Postage and Shipping
Actual Cost
Standard Field Equipment
Rates available upon request
Stantec 2015 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2016 RATE SCHEDULE
STANTEC 2016 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 2)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Expert Witness Services carry a 50% premium on labor.
Stantec 2016 MASTER Rate Schedule Table 2 wo titles (0%).docx
HRLY RATE
DESCRIPTIONLEVEL
Generally Not applicable (Admin, CADD Tech., Stenographer)
1
2
$57
$66
• May on occasion be appropriate for intern and clerical support.
3
$74
Clerical, Interns, & Field/Lab Techs (Geologist, Environmental ScientistfPlanner,GIS Specialist,GIS
4
$82
Technician, Engineering Technician, Senior CADD Tech)
5
5$99
$89
• Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
tasks.
Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech)
7
8
$106
$114
• Independently carries out assignments of limited scope using standard procedures, methods and
9
$124
techniques
• Assists senior staff in carrying out more advanced procedures
• Completed work is reviewed for feasibility and soundness of judgment
• Recent graduate from an appropriate pout -secondary program or equivalent.
Professional level positions (Senior Level Project Engineer, Geologist, Geohydrologist,
10
$133
Environmental Scientist, GIS Manager)
11
12
$142
$154
• Carries out assignments requiring general familiarity within a broad field of the respective profession
• Makes decisions by using a combination of standard methods and techniques
• Actively participates in planning to ensure the achievement of objectives
• Works independently to interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
13
$164
Highly -specialized technical professional or project supervisor (Project ManagedSenior Engineer)
14
$174
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
15
$182
• Participates in short and long range planning to ensure the achievement of objectives
• Makes responsible decisions on all matters, including work methods, and financial controls associated
with projects
• Decisions accepted as technically accurate
• Reviews and evaluates technical work
16
$212
Senior level consultant or management function (Associate Engineer/Program Manager)
17
$243
• Recognized as an authority in a speck field with qualifications of significant value
a Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
• Independently conceives programs and problems for investigation
• Participates in discussions to ensure the achievement of program and/or project objectives
• Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
Senior level management position (Professional Consultation/Principal Engineer)
18
19
$287
$324
• Recognized as an authority in a speck field with qualifications of significant value
• Responsible for long range planning within a specific area of practice or region
• Makes decisions which are far reaching and limited only by objectives and policies of the organization
• Plans/approves projects requiring significant human resources or capital investment
• Graduate from an appropriate pout -secondary program, with credentials or equivalent
• Generally, fifteen years' experience with extensive professional and management experience
Expert Witness Services carry a 50% premium on labor.
Stantec 2016 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2016 RATE SCHEDULEEMEMENIN `
Stmtec
STANTEC 2016 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 2)
Other Direct Disbursements:
Disbursement
Vehicle Mileage
Prevailing IRS Rate
Subcontract Services
Actual Cost
Travel Lodging/Meals
Actual Cost
Capital Purchases and Expendable Materials
Actual Cost
Postage and Shipping
Actual Cost
Standard Field Equipment
Rates available upon request
Stantec 2016 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2017 RATE SCHEDULE '
9talrtec
STANTEC 2017 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 2)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Expert Witness Services carry a 50% premium on labor.
Stantec 2017 MASTER Rate Schedule Table 2 wo titles (0%).docx
HRLY RATE
DESCRIPTIONLEVEL
1
$59
Generally Not applicable (Admin, CADD Tech., Stenographer)
2
$69
May on occasion be appropriate for intern and clerical support.
3
$77
Clerical, Intems, & Field/Lab Techs (Geologist, Environmental ScientistIPlanner,GIS Specialist,GIS
4
$85
Technician, Engineering Technician, Senior CADD Tech)
5
5
$93
$ 9 3
• Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
tasks.
7
$110
Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech)
8
$119
• Independently carries out assignments of limited scope using standard procedures, methods and
9
$129
techniques
• Assists senior staff in carrying out more advanced procedures
• Completed work is reviewed for feasibility and soundness of judgment
• Recent graduate from an appropriate post -secondary program or equivalent.
10
$138
Professional level positions (Senior Level Project Engineer, Geologist, Geohydrologist,
Environmental Scientist, GIS Manager)
11
12
$148
$160
• Carries out assignments requiring general familiarity within a broad field of the respective profession
• Makes decisions by using a combination of standard methods and techniques
• Actively participates in planning to ensure the achievement of objectives
• Works independently to interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
13
$171
Highly -specialized technical professional or project supervisor (Project Manager/Senior Engineer)
14
$181
• Provides multidiscipline knowledge to deliver innovafive solutions in related field of expertise
15
$189
. Participates in short and long range planning to ensure the achievement of objectives
. Makes responsible decisions on all matters, including work methods, and financial controls associated
with projects
• Decisions accepted as technically accurate
• Reviews and evaluates technical work
16
$220
Senior level consultant or management function (Associate EngineertProgram Manager)
17
$253
• Recognized as an authority in a specific field with qualifications of significant value
. Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
• Independently conceives programs and problems for investigation
• Participates in discussions to ensure the achievement of program and/or project objectives
• Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
Senior level management position (Professional Consultation/Principal Engineer)
18
19
$298
$337
• Recognized as an authority in a specific field with qualifications of significant value
• Responsible for long range planning within a specific area of practice or region
• Makes decisions which are far reaching and limited only by objectives and policies of the organization
• Plans/approves projects requiring significant human resources or capital investment
• Graduate from an appropriate post -secondary program, with credentials or equivalent
• Generally, fifteen years' experience with extensive professional and management experience
Expert Witness Services carry a 50% premium on labor.
Stantec 2017 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2017 RATE SCHEDULE
Stanbec
STANTEC 2017 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 2)
Other Direct Disbursements:
Disbursement
Vehicle Mileage
Prevailing IRS Rate
Subcontract Services
Actual Cost
Travel Lodging/Meals
Actual Cost
Capital Purchases and Expendable Materials
Actual Cost
Postage and Shipping
Actual Cost
Standard Field Equipment
Rates available upon request
Stantec 2017 MASTER Rate Schedule Table 2 wo titles (0%).docx
STANTEC 2018 RATE SCHEDULE
Stantec
STANTEC 2018 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 2)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
LEVEL
HRLY RATE
DESCRIPTION
Generally Not applicable (Admin, CADD Tech., Stenographer)
1
2
$61
$72
• May on occasion be appropriate for intern and clerical support.
3
$80
4
$88
Clerical, Intems, 8 Field/Lab Techs (Geologist, Environmental ScientistiPlanner,GIS Specialist,GIS
5
5$107
$97
Technician, Engineering Technician, Senior CADD Tech)
• Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
tasks.
Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech)
7
8
8$134
$114
$124
• Independently carries out assignments of limited scope using standard procedures, methods and
techniques
• Assists senior staff in carrying out more advanced procedures
• Completed work is reviewed for feasibility and soundness of judgment
• Recent graduate from an appropriate post -secondary program or equivalent.
Professional level positions (Senior Levet Project Engineer, Geologist, Geohydrologist,
10
$144
Environmental Scientist, GIS Manager)
11
12
$154
$166
• Carries out assignments requiring general familiarity within a broad field of the respective profession
• Makes decisions by using a combination of standard methods and techniques
• Actively participates in planning to ensure the achievement of objectives
• Works independently to interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
13
$178
Highly -specialized technical professional or project supervisor (Project ManagerlSenior Engineer)
14
$178
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
15
$197
• Participates in short and long range planning to ensure the achievement of objectives
• Makes responsible decisions on all matters, including work methods, and financial controls associated
with projects
• Decisions accepted as technically accurate
• Reviews and evaluates technical work
16
$229
Senior level consultant or management function (Associate EngineedProgram Manager)
17
$263
• Recognized as an authority in a specific field with qualifications of significant value
• Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
• Independently conceives programs and problems for investigation
• Participates in discussions to ensure the achievement of program and/or project objectives
• Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
18
8
$310
Senior level management position (Professional Consultation/Principal Engineer)
$350
• Recognized as an authority in a specific field with qualifications of significant value
• Responsible for long range planning within a specific area of practice or region
• Makes decisions which are far reaching and limited only by objectives and policies of the organization
a Plans/approves projects requiring significant human resources or capital investment
• Graduate from an appropriate post -secondary program, with credentials or equivalent
• Generally, fifteen years' experience with extensive professional and management experience
Expert Witness Services carry a 50% premium on labor.
Stantec 2018 MASTER Rate Schedule Table 2 wo titles (0%).dock
STANTEC 2018 RATE SCHEDULE
STANTEC 2018 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 2)
Other Direct Disbursements:
Disbursement
Rate
Vehicle Mileage
Prevailing IRS Rate
Subcontract Services
Actual Cost
Travel Lodging/Meals
Actual Cost
Capital Purchases and Expendable Materials
Actual Cost
Postage and Shipping
Actual Cost
Standard Field Equipment
Rates available upon request
Stantec 2018 MASTER Rate Schedule Table 2 wo titles (0%).docs
ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective participant shall submit
an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant
to furnish a certification or an explanation shall disqualify such person from participation in
this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
certification in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the department
or agency to whom this proposal is submitted if at any time the prospective primary
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause,
have the meanings set out in the Definitions and Coverage sections of the rules implementing
Executive Order 12549. You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or
-12-
agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to check the
Nonprocurement List at the Excluded Parties List System.
https://www.epls.gov/epls/search.do?page=A&status=current&agency=69#A.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary
Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it
and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
-13-
ATTACHMENT C
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORK AUTHORIZATION PROGRAM
Comes now6(Z11co,'y . 0254is*-D rr-ior\-:y .first being duly sworn, on my oath,
(name) (office held)
affirm Stantec Consulting Services Inc. ("Consultant") is enrolled and will continue to participate in a
(company name)
federal work authorization program in respect to employees that will work in connection with the
contracted services related to City of Cape Giradeau - Storm Water Improvements and any incidental
items associated with this work for the duration of the contract, if awarded, in accordance with Section
285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not
knowingly employ a person who is an unauthorized alien in connection with the contracted services for
the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's
participation in a federal work authorization program.
(ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE
GENERAL CONDITIONS)
In Affirmation thereof, the facts stated above are true and correct (The undersigned
understands that false statements made in this filing are subject to the penalties provided under
Section 575.040, RSMo).
6 re (per's with authority)
ieVLA c.es
Title
State o � )
ss.
U----
Printed Name
Date
County of )
Subscribed and sworn to before me this day o0--�6wl,3
t .
/Z
My commission expires: Y,P/1� Notary Public
-14-
IG _ fwd � _-, . _ '. •- f� ;it' - �
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x coli .,ice• sSk-a- mm" ti
z FsM" TW ' S+gg—d S4. - , fir Hb.W E, WAT SW S.4. $ FFV Su
06-F + -a - 0 - : Fye• Sd*- T«r- p-
t
`�)� 3 -AGM
L1.^.I 044 _ _ _ .. ► <, R �i T! ,k" - l� i 4,1.11^,11
Company ID Number: 45737
without changes to E -Verify, the Department reserves the right to require employers to take
mandatory refresher tutorials.
Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may
terminate this MOU without prior notice if deemed necessary because of the requirements of law
or policy, or upon a determination by SSA or DHS that there has been a breach of system
integrity or security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. Some or all SSA and DHS responsibilities under
this MOU may be performed by contractor(s), and SSA and DHS may adjust verification
responsibilities between each other as they may determine.
Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
The employer understands that the fact of its participation in E -Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E -Verify publicity and media inquiries,
and responses to inquiries under the Freedom of Information Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the
Employer.
The individuals whose signatures appear below represent that they are authorized to enter into
this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant in E -Verify, you should only sign the Employer's Section of
the signature page. If you have any questions, contact E -Verify Operations at 888-464-
4218.
Employer Stantec Consulting Services Inc.
Diane M Kelly
Name (Please type or print)
Title
Electronically Signed 06/19/2007
Signature Date
Department of Homeland Security — Verification Division
Company ID Number: 45737
USCIS Verification Division
Name (Please type or print) Title
Electronically Signed 06/19/2007
Signature Date
9.
Basic Pilot Memorandum of Understanding
ARTICLE I
PURPOSE AND AUTHORITY
Page 1 of 6
This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security
Administration (SSA), the Department of Homeland Security and Stantec Consulting Services_Inc. (Employer)
regarding the Employer's participation in the Basic Employment Verification Pilot (Basic Pilot). The Basic Pilot
is a pilot program in which the employment eligibility of all newly hired employees will be confirmed after the
Employment Eligibility Verification Form (Form I-9) has been completed.
Authority for the Basic Pilot is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009.
ARTICLE 11
FUNCTIONS TO BE PERFORMED
A.RESPONSIBLITIES OF THE SSA
1.Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with
the requirements of this MOU, SSA agrees to provide the Employer with available information that will allow the
Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the
employment authorization of some newly hired employees.
2.The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise
during the Employer's participation in the Basic Pilot. The SSA agrees to provide the Employer with names, titles,
addresses, and telephone numbers of SSA representatives to be contacted during the Basic Pilot.
3.The SSA agrees to safeguard the information provided by the Employer through the Basic Pilot procedures, and
to limit access to such information, as is appropriate by law, to individuals responsible for the verification of
Social Security Numbers and for evaluation of the Basic Pilot or such other persons or entities who may be
authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306
(a)), and SSA regulations (20 CFR Part 401).
4.SSA agrees to establish a means of automated verification that is designed (in conjunction with the Department
of Homeland Security's automated system if necessary) to provide confirmation or tentative nonconfirmation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry.
5.SSA agrees to establish a means of secondary verification (including updating SSA records as may be
necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final
confinnation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to SSA, unless it determines that more than 10 days may be necessary. In such cases,
SSA will provide additional verification instructions.
B.RESPONSIBLITIES OF THE DEPARTMENT OF HOMELAND SECURITY
].Upon completion of the Form I-9 by the employee and the Employer, and completion by the Employer of SSA
verification procedures required prior to initiation of Department of Homeland Security verification procedures,
the Department of Homeland Security agrees to provide the Employer access to selected data from the
Department of Homeland Security's database to enable the Employer to conduct automated verification checks on
newly hired alien employees by electronic means.
2.The Department of Homeland Security agrees to provide to the Employer appropriate assistance with
operational problems that may arise during the Employer's participation in the Basic Pilot. The Department of
Homeland Security agrees to provide the Employer names, titles, addresses, and telephone numbers of
https://www.vis-dhs.com/EmployerRegistrationlEEVPLegalNoticeBP.aspx?Emp=Stantec... 6/19/2007
' Basic Pilot Memorandum of Understanding
Page 2 of 6
Department of Homeland Security representatives to be contacted during the Basic Pilot, including one or more
individuals in each Department of Homeland Security district office covering an area in which the Employer hires
employees covered by this MOU.
3.The Department of Homeland Security agrees to provide to the Employer a manual containing instructions on
Basic Pilot policies, procedures and requirements for both SSA and Department of Homeland Security, including
restrictions on use of Basic Pilot procedures (the Basic Pilot Manual). The Department of Homeland Security
agrees to provide training materials on the Basic Pilot.
4.The Department of Homeland Security agrees to provide to the Employer a notice, which indicates the
Employer's participation in the Basic Pilot. The Department of Homeland Security also agrees to provide to the
Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5.The Department of Homeland Security agrees to issue the Employer a user identification number and password
that will permit the Employer to verify information provided by alien employees with Department of Homeland
Security's database.
6.The Department of Homeland Security agrees to safeguard the information provided to the Department of
Homeland Security by the Employer, and to limit access to such information to individuals responsible for the
verification of alien employment eligibility and for evaluation of the Basic Pilot, or to such other persons or
entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the INA and federal criminal laws, and to ensure
accurate wage reports to the SSA.
TThe Department of Homeland Security agrees to establish a means of automated verification that is designed (in
col;junction with SSA verification, procedures) to provide confirmation or tentative nonconfinnation of
employees' employment eligibility within 3 Federal Government work days of the initial inquiry.
8.The Department of Homeland Security agrees to establish a means of secondary verification (including updating
Department of Homeland Security records as may be necessary) for employees who contest Department of
Homeland Security tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation
of the employees' employment eligibility within 10 Federal Government work days of the date of referral to the
Department of Homeland Security, unless it determines that more than 10 days may be necessary. In such cases,
the Department of Homeland Security will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1.The Employer agrees to display the notices supplied by the Department of Homeland Security in a prominent
place that is clearly visible to prospective employees.
2.The Employer agrees to provide to the SSA and the Department of Homeland Security the names, titles,
addresses, and telephone numbers of the Employer representatives to be contacted regarding the Basic Pilot.
3.The Employer agrees to become familiar with and comply with the Basic Pilot Manual.
4.The Employer agrees that all Employer Representatives performing employment verification queries will
complete the Basic Pilot Web -Based Tutorial.
5.The Employer agrees to comply with established Form I-9 procedures, with one exception: When an employee
presents a "List B" identity document, the Employer agrees that it will only accept "List B" documents that
contain a photograph. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the
Form I-9 process to establish identity).
6.The Employer understands that participation in the Basic Pilot does not exempt the Employer from the
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responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or
from other requirements of applicable regulations or laws, except for the following modified requirements
applicable by reason of the Employer's participation in the Basic Pilot: (1) identity documents must have
photographs, as described in paragraph 5 above; (2) a rebuttable presumption is established by section 403(b) of
IIRIRA that the Employer has not violated section 274A(a)(1)(A) of the INA with respect to the hiring of any
individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance
with the terms and conditions of the Basic Pilot; (3) the Employer must notify the Department of Homeland
Security if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil
money penalty between $500 and $1,000 for each failure to notify the Department of Homeland Security of
continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption
that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer
continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity
participating in the Basic Pilot shall be civilly or criminally liable under any law for any action taken in good faith
on information provided through the confirmation system. The Department of Homeland Security reserves the
right to conduct Form I-9 compliance inspections during the course of the Basic Pilot, as well as to conduct any
other enforcement activity authorized by law.
7.The Employer agrees to initiate the Basic Pilot verification procedures within 3 Employer business days after
each employee has been hired (but after both sections 1 and 2 of the Form I-9 have been completed), and to
complete as many (but only as many) steps of the Basic Pilot process as are necessary according to the Basic Pilot
Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired
and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time
period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith,
to make inquiries during the period of unavailability. In all cases, the Employer will use the SSA verification
procedures first, and will use the Department of Homeland Security verification procedures only as directed by
the SSA verification response.
8.The Employer agrees not to use the Basic Pilot procedures for pre-employment screening of job applicants,
support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer will
not verify selectively; it agrees to use the Basic Pilot procedures for all new hires as long as this MOU is in effect.
The Employer agrees not to use Basic Pilot procedures for reverification, or for employees hired before the date
this MOU is in effect. The Employer understands that should the Employer use the Basic Pilot procedures for any
purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the
immediate termination of its access to SSA and Department of Homeland Security information pursuant to this
MOU.
9.The Employer agrees not to take any adverse action against an employee based upon the employee's
employment eligibility status while SSA or the Department of Homeland Security is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work
authorized. The Employer understands that an initial inability of the SSA or Department of Homeland Security
automated verification to verify work authorization, or a tentative nonconfirmation, does not mean, and should
not be interpreted as, an indication that the employee is not work authorized.
lO.The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any
individual in hiring, firing, or recruitment practices because of his or her national origin or, in the case of a
protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The
Employer understands that such illegal practices can include discharging or refusing to hire eligible employees
because of their foreign appearance or language, and that any violation of the unfair immigration -related
employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section
274B of the INA and the termination of its participation in the Basic Pilot. If the Employer has any questions
relating to the anti -discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD).
I l.The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen
containing the case verification number and attach it to the employee's Form I-9.
12.The Employer agrees that it will use the information it receives from the SSA or the Department of Homeland
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Security pursuant to the Basic Pilot and this MOU only to confirm the employment eligibility of newly -hired
employees after completion of the Form I-9. The Employer agrees that it will safeguard this information, and
means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as
necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than
employees of the Employer who need it to perform the Employer's responsibilities under this MOU.
13.The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act
(5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains
this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be
subject to criminal penalties.
14.The Employer agrees to allow the Department of Homeland Security and SSA, or their authorized agents or
designees, to make periodic visits to the Employer for the purpose of reviewing Basic Pilot -related records, i.e.,
Forms 1-9, SSA Transaction Records, and Department of Homeland Security verification records, that were
created during the Employer's participation in the Basic Pilot Program. In addition, for the purpose of evaluating
the Basic Pilot, the Employer agrees to allow the Department of Homeland Security and SSA or their authorized
agents or designees, to interview it regarding its experience with the Basic Pilot, to interview employees hired
during the Basic Pilot concerning their experience with the pilot, and to make employment and Basic Pilot -related
records available to the Department of Homeland Security and the SSA, or their designated agents or designees.
ARTICLE III
REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY
A. REFERRAL TO THE SSA
l.The Employer will refer individuals to SSA field offices only as directed by the automated system based on a
tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to
detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The
Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to
do so. The Employer will determine whether the employee contests the tentative nonconfinnation as soon as
possible after the Employer receives it.
2.If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a
referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal
Government work days. The Employer will make a second inquiry to the SSA database using the Basic Pilot
procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain
confirmation, or final nonconfirmation.
3.The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database
(the Numident) or other written verification of the Social Security Number from the SSA (other than the Social
Security Number Card).
B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY
I.The Employer agrees to refer individuals to the Department of Homeland Security only when the verification
response received from the Department of Homeland Security automated verification process indicates a tentative
nonconfirmation, and the employee contests the tentative nonconfirmation. The Employer will determine whether
the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it.
2.If the Employer receives a tentative nonconfirmation from the Department of Homeland Security, the Employer
will record the case verification number and date on the Form 1-9 or print the screen showing the case verification
number and attach the printout to the Form I-9, determine whether the employee contests the tentative
nonconfirmation, and instruct an employee who contests to contact the Department of Homeland Security to
resolve the discrepancy within 8 Federal Government work days, using Basic Pilot procedures. The Department
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of Homeland Security will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral.
ARTICLE IV
SERVICE PROVISIONS
The SSA and the Department of Homeland Security will not charge the Employer for verification services
performed under this MOU. The Employer shall be responsible for providing equipment needed to make
inquiries. To access the Basic Pilot System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and the
Department of Homeland Security conduct the Basic Pilot unless modified in writing by the mutual consent of all
parties, or terminated by any party upon 30 days prior written notice to the others. Termination by any party shall
terminate the MOU as to all parties. The SSA or the Department of Homeland Security may terminate this MOU
without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by
SSA or the Department of Homeland Security that there has been a breach of system integrity or security by the
Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements.
Some or all SSA and Department of Homeland Security responsibilities under this MOU may be performed by
contractor(s).
Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural.,
enforceable at law by any third party against the United States , its agencies, officers, or employees, or against
Stantec Consulting Services Inc. (Employer), its agents, officers, or employees.
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Each party shall be solely responsible for defending any claim or action against it arising out of or related to the
Basic Pilot or this MOU, whether civil or criminal, and for any liability therefrom, including (but not limited to)
any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of
IIRIRA to any action taken or allegedly taken by the Employer.
The employer understands that the fact of its participation in the Basic Pilot is not confidential information and
may be disclosed as authorized or required by law and USCIS or SSA policy, including but not limited to,
Congressional oversight, Basic Pilot publicity and media inquiries, and responses to inquiries under the Freedom
of Information Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, the Department of Homeland
Security, and the Employer.
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