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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 - 1 - 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; -2- 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; -3- 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. -4- 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 -5- 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. -6- 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 -7- 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. -8- 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. -9- FOR: CITY OF CAPE GIRARDEAU BY: ATT FOR: STANTEC CONSULTING SERVICES INC. BY: Robert J. ATTEST: -10- ATTACHMENT A Break Out Rates For Year _ -11- 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' - � fY i4 Sm Fa TMM H* x bCeMM • "" 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 https://www.vis-dhs.com/EmployerRegistration/EEVPLegalNoticeBP.aspx?Emp=Stantec... 6/19/2007 Basic Pilot Memorandum of Understanding Page 3 of 6 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 https://www.vis-dhs.com/EmployerRegistrationlEEVPLegalNoticeBP.aspx?Emp=Stantec... 6/19/2007 • Basic Pilot Memorandum of Understanding Page 4 of 6 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 https: /fvvww. vi s-dhs. com/EmployerRegi strationlEE V PL egalNoticeB P. aspx?Emp=Stantec... 6/19/2007 Basic Pilot Memorandum of Understanding Page 5 of 6 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. https://www.vis-dhs.com/EmployerRegistration/EEVPLegalNoticeBP. aspx?Emp=Stantec... 6/19/2007 * ` Basic Pilot Memorandum of Understanding Page 6 of 6 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. https://www.vis-dhs.com/EmployerRegistrationlEEVPLegalNoticeBP.aspx?Emp=Stantec... 6/19/2007