HomeMy WebLinkAboutRES.2697.06-18-2012 BILL N0. 12-76 RESOLUTION N0. �� �, /
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO CONTRACT WITH BOWEN ENGINEERING
AND SURVEYING, INC. , FOR THE CAPITAL
IMPROVEMENT WATER SYSTEM PROJECTS
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 enter into
contract with Bowen Engineering and Surveying, Inc. , for the
Capital Improvement Water System Projects, in the City of Cape
Girardeau, Missouri . A copy of said Contract is attached to
this Resolution and made a part hereof.
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PASSED AND ADOPTED THIS / DAY OF `� '�-� , 2012 .
Harry E. Redi er, Mayor
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Gayle . Conrad, City Clerk �r� ;_-, __,�.:;�_,�,,.�/�,
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CONTRACT
For
Capital Improvement Water System Projects
CONSULTANT NAME: Bowen Engineering& Surveving, Inc.
THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City",
and (Bowen Engineering & Surveying, Inc., 2121 Megan Drive, Cape Girardeau, MO 63701),
hereinafter referred to as the "Consultant".
INASMUCH as funds have been made available by the City through its Capital Improvement Sales
Tax, the City intends to complete the referenced 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
proj ect;
3. arrange for subsurface investigations if needed;
4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop
preliminary plans, and recommend to the City the best 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 far 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:
1. assist the City in advertising for bids and evaluating bids.
2. Bids Exceedin� 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:
l. 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 thereo£ 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:
1. 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.
L Invoices will be submitted monthly. Invoices submitted on or before the 20th
day of any month shall become due and payable on the lOth day of the
following month. Invoices for each Task Order shall be submitted separately.
2. City's Right to Withhold Pavment. 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 wark. By signing and sealing the
PS&E submittals the Engineer of Record will be representing to the City that the design is meeting
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the intent of the program. Any review or approval by City of any documents prepared by the
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 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 corparate 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,
— 7 — Revised 3-28-11
and for damages to property arising from the negligent acts, errors, or omissions of the Consultant
and its employees, agents and Subconsultants 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 Consultant 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 Subconsultants shall procure and maintain during the life of this Agreement insurance of the
types and minimum amounts as follows:
Insurance Tvne Amount
Worker's Compensation: In full compliance with statutory requirements
of Federal and State of Missouri
Comprehensive General Liability: $393,000 each person
$2,620,000 each occurrence
Comprehensive Automobile Liability: $393,000 each person
$2,620,000 each occurrence
Employer Liability: $393,000 each person
$2,620,000 each occurrence
City's Protective Bodily Injury Including Death: $393,000 each person
$2,620,000 each occurrence
City's Protective Property Damage: $393,000 each person
$2,620,000 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. 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 proportionately 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
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insurance policy must by issued by a company authorized to issue such insurance in the State of
Missouri.
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.
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 ar 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 XIX—PERIOD OF SERVICE
This contract shall remain in effect far five years.
ARTICLE XX- ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A—Charge out rates for 2012, 2013, 2014, 2015, 2016, and 2017
Attachment B —Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
Attachment C—Affidavit of Participation in Federal Wark Authorization Program
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Executed by the Consultant this�day of���l�y,. , 20 I 2
Executed by the City this�day of�,L 20�Z!
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FOR: CITY OF A GIRARDEAU ,�,�„r,T.,T
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BY: ���:y ,r
City ana e , Scott Meyer � -. �.���,;� ��,>„
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ATTEST: �� �,� �,
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' -iyClerk TlfL:�;�hl�3�y��'►
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FOR: BOWEN ENGINEERING & SURVEYING, INC.
BY: �
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ATTACHMENT"A"
CHARGE OUT RATES
Hourly Rate for Year
DISCIPLINE 2012 2013" 2014* 2015* 2016* 2017"
Principal------------------------------------------------------------- --g98_00--- --$102.00-- --$105.00 $108.00 $112.00 $115.00
- - -- ------------- ------------- -------------
Professional En�ineer _ _ _ _ _$7g_00_ $80_00 _ _$83.00 $86.00 $88.00 $92.00
- - - -- ------------- ------------- -------------
Professional Land Surveyor _ _______ _ ________ _ ____ __$67_00___ __ $70_00_ _ __ $72_00___ ___$74.00 _ __ $76.00__ __ $79.00__
En�ineerin� Intern _________ _ ____ _____ ___ __ __ _ __$62_00_ _ $64_00 ___$66_00 __$68.00 ___$71 00 $73.00
--- - -- -------------
En�ineerin�Technician _ _ _ _$62_00 $64_00 _$66.00 $68.00 $71 00 $73.00
--- - -- -------------
2 Man Survey Crew _ _ $g8_00_ _$102.00 $105.00 $108_00 _ $112_00_ $115_00
3 Man Survey Crew_ _ _ _ _ _ _ $12g.00_ _$134.00 $138.00_ $143_00 $147_00 _$152_00
Draftsman $57.00 $59.00 $61.00 $63.00 $65.00 $67.00
----------------------------------------------------------------------- ------------- ------------- ------------- ------------- ------------- -------------
Testin�Technician $47.00 _ $48_00_ _ $50_00 _ $51 00 $53.00_ _ $55.00
- - ------------------------------------------------- ---------- - - --
Office Manager $47.00 $48.00 $50.00 $51.00 $53.00 $55.00
Direct Costs:
----------------------------------------------------------------------- ------------- ------------- ------------- ------------- ------------- -------------
Vehicle Mileage_IRS Rate(per mile)______________ _____________ $0.485___ __ $0.485___ ___$0.485 $0.485 $0.485 $0.485
- - - - -- ------------- ------------- -------------
Nuclear Density Gauge(per hour)____________________ _________ __ $30_00___ __ $30_00_ $30.00 $30.00 $30.00 $30.00
- - - - -- ------------- ------------- ------------- -------------
Moisture Density Control Curve(per curve)________________ _______ __$275.00__ __$275.00 $275.00 $275.00 $275.00 $275.00
- - - -- ------------- ------------- ------------- -------------
SieveAnalysis(pertest)______ _________________ _____________ _ $100.00__ __$100.00__ __$100.00 __$100_00__ $100_00__ _ $100_00__
Atterber�Limits(LL,PL,PI)(per test)______ _ _______________ _ __$100.00__ _ $100.00 $100.00 $100.00 $100.00 $100.00
- - - - -- ------------- ------------- ------------- -------------
Concrete Compressive Strength Test(per cylinder)_______ ______ __$15_00 _ __ $15_00 __$15_00___ $15 00__ __$15.00__ __ $15.00__
----------------
Grout Compressive Strength Test(per cube)_______ _ _________ __$15_00___ __ $15_00___ ___$15.00 _$15.00__ $15.00__ __ $15.00__
------------ ---- -
Mortar Compressive Strength Test(per cylinder)_______ _ _______ __$15.00 $15.00 $15.00 $15.00 $15.00 $15.00
-------------------------- - ------ ---------- ------------- ------------- ------------- ------------- -------------
Comments
*Reflects escalation of approximately 3.5%per year
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ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. 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 — Revised 3-28-11
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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.epl s.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 — Revised 3-28-11
ATTACHMENT C
AFFIDAVIT OF PARTICIPATIOIV I1V
FEDERAL WORK AUTHORIZATION PROGRAM
Comes now Chris Bowen as President first being duly sworn, on my oath,
(name) (office held)
affirm Bowen Engineering&Surveving Inc. ("Consultant") is enrolled and will continue to participate
(company name)
in a federal work authorization program in respect to employees that will work in connection with the
contracted services related to Capital Imnrovement Water System Projects and any incidental items
(describe project)
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 PARTICIPATES IN FEDERAL WORK
AUTHORI2A'TION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE,AS PROVIDED IN THE
GENERAL CONDITIONS�
In Aff'irmation 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).
��.�-�,T���:: v-�----- Chris Bowen
Signature (person with authority) Printed Name
President ��,�e i 2 ,�
Title Date �
State of Missouri )
) ss.
County of Bollinger )
Subscribed and sworn to before me this 12. day of ,� t�� _, 2012.
L�-
My commission expires: 07/15/2013 No ry Public
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STATE OF MISSOURI Rcvised 3-28-I I
gallqnger Counry
W1y Commission Expires 11q5-20�3
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THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE 1
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Bowen Enqineerina & Survevinq, Inc.
(Employer) regarding the Employer's participation in the Employment Eligibility Verification
Program (E-Verify). This MOU explains certain features of the E-Verify program and
enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the
Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in
the United States after completion of the Employment Eligibility Verification Form (Form I-9).
For covered government contractors, E-Verify is used to verify the employment eligibility of all
newly hired employees and all existing employees assigned to Federal contracts.
Authority for the E-Verify program 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, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE 11
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program 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
E-Verify program or such other persons or entities who may be authorized by 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).
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4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days
of the initial inquiry.
5. SSA agrees to provide 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 confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on alien employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. DHS
agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS
representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E-Verify. DHS agrees to provide training materia►s on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS 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. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS 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 E-Verify program, 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 Immigration and Nationality Act
(INA) and Federa► criminal laws, and to administer Federal contracting requirements.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
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nonconfirmation of employees' employment eligibility within 3 Federal Government work days of
the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfirmations and
photo non-match 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 DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version
of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of E-
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (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.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E-Verify at 888-464-4218.
• If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766
(Employment Authorization Document) to complete the Form I-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form I-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non-matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form ►-9. DHS may in the future designate other documents that activate
the photo screening tool.
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6. The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms I-9 that
relate to its employees, or from other requirements of appiicable regulations or laws, inc�uding
the obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form I-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (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 E-Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS 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 an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during
the course of E-Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
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 E-Verify process as are necessary according to the E-Verify User 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 must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form I-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E-Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article II.D, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the
Employer may be subject to appropriate legal action and termination of its access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affirmative steps (see Article III.B. below) to contact DHS with information
necessary to resolve the chailenge.
10. The Employer agrees not to take any adverse action against an employee based upon
the employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non-match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non-match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 274B(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E-Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair
immigration-related employment practices provisions in section 2746 of the INA could subject
the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII
could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination
provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
12. 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.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as
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authorized by this MOU. 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 are authorized to perForm the
Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
14. 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.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring
and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to
review Forms I-9 and other employment records and to interview it and its employees regarding
the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS
requests for information relating to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. The Employer understands that if it is a Federal contractor subject to the
employment verification terms in Subpart 22.18 of the FAR it must verify the employment
eligibility of any "employee assigned to the contracY' (as defined in FAR 22.1801) in addition to
verifying the employment eligibility of all other employees required to be verified under the FAR.
Once an employee has been verified through E-Verify by the Employer, the Employer may not
reverify the employee through E-Verify.
a. Federal contractors not enrolled at the time of contract award: An Employer that
is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as
a Federal contractor in the E-Verify program within 30 calendar days of contract award and,
within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor, the Employer must initiate verification of employees assigned to the contract within
90 calendar days after the date of enrollment or within 30 days of an employee's assignment to
the contract, whichever date is later.
b. Federal contractors already enrolled at the time of a contract award: Employers
enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award
must use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3 business
days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90
calendar days or less at the time of contract award, the Employer must, within 90 days of
enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must initiate verification of each employee assigned to the
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
c. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
State or local governments, governments of Federally recognized indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond may choose to only verify new and existing employees assigned to the
Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or
all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
governments, and sureties.
d. Verification of all employees: Upon enrollment, Employers who are Federal
contractors may elect to verify employment eligibility of all existing employees working in the
United States who were hired after November 6, 1986, instead of verifying only those
employees assigned to a covered Federal contract. After enrollment, Employers must elect to
do so only in the manner designated by DHS and initiate E-Verify verification of all existing
employees within 180 days after the election.
e. Form I-9 procedures for Federal contractors: The Employer may use a
previously completed Form I-9 as the basis for initiating E-Verify verification of an employee
assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with
Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form I-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form I-9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
I-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new I-9 consistent with Article II.C.S, or update the previous I-9
to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall
be construed to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize verification
of any existing employee by any Employer that is not a Federal contractor.
2. The Employer understands that if it is a Federa� contractor, its compliance with this MOU
is a performance requirement under the terms of the Federal contract or subcontract, and the
Employer consents to the release of information relating to compliance with its verification
responsibilities under this MOU to contracting officers or other o�cials authorized to review the
Employer's compliance with Federal contracting requirements.
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ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Employer will refer employees 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 nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system-generated referral letter and instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
determines that more than 10 days is necessary. The Employer agrees to check the E-Verify
system regularly for case updates.
4. 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.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non-match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non-
match tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
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after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referral letter)within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronicaily transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form I-551 or Form
I-766 to DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsib►e for providing equipment needed to make inquiries. To access the
E-Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E-Verify program 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.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take
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Company ID Number: 247646
mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this
MOU when the Federal contract that requires its participation in E-Verify is terminated or
completed. In such a circumstance, the Federal contractor must provide written notice to DHS.
If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain
a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to
non-Federal contractor participants, and will be required to use the E-Verify procedures to verify
the employment e�igibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU 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. The
Employer understands that if it is a Federal contractor, termination of this MOU by any party for
any reason may negatively affect its performance of its contractual responsibilities.
C. 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 necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. 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.
E. 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.
F. 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,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
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Company ID Number: 247646
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 at 888-464-4218.
Employer Bowen Engineering 8 Surveying, Inc.
Christopher M Buerck
Name(Please Type or Print) Title
E/ectronica//y Signed 09/08/2009
Signature Date
Department of Homeland Security—Verification Division
USCIS Verification Division
Name(Please Type or Print) Title
E/ectronical/y Signed 09/08/2009
Signature Date
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Company ID Number: 247646
Information Required for the E-Verify Program
Information relating to your Company:
Company Name: Bowen Engineering &Surveying, lnc.
Company Facility Address: 1078 Wotverine Lane
Suite J
Cape Girardeau, MO 63701
Company Alternate
Address: 1078 Wolverine Lane
Suite J
Cape Girardeau, MO 63701
County or Parish: CAPE GIRARDEAU
Employer ldentification
N u m be r: 431210863
North American Industry
Classification Systems
Cade: 541
Parent Company:
Number of Employees: 10 to 19
Number of Sites Verified
for: 1
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
. MISSOURI 1 site(s)
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Company ID Number: 247646
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name: Christopher M Buerck
Telephone Number: (573)339-5900 ext. 111 Fax Number: (573)339-1391
E-mail Address: chrisbuerck@bowenengsurv.com
Name: Chris Bowen
Telephone Number: (573)339-5900 ext. 102 Fax Number: (573)339-1391
E-mail Address: chrisbowen@bowenengsurv.com
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