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HomeMy WebLinkAboutR-2024-050 Approving an Agreement for Archaeological Services between City and WSP USA, Inc. RESOLUTION NO. R-2024-050 A RESOLUTION APPROVING AN AGREEMENT FOR ARCHAEOLOGICAL SERVICES BETWEEN THE CITY OF RIVERSIDE MISSOURI AND WSP USA, INC. WHEREAS, the City of Riverside, Missouri, (the "City") desires to retain the services of a firm whose duties and responsibilities would include archaeological monitoring and reporting; and WHEREAS, Missouri law establishes a policy that selection of a professional services firm is to be based upon competence and qualification, followed by negotiation of fair and reasonable prices; and WHEREAS, the City issued a Request for Qualifications for Pool Renovation Site Monitoring; and WHEREAS, the City received three (3) Statements of Qualifications in response; and WHEREAS, WSP USA Inc., ("WSP"), a New York corporation having an office at 300 Wyandotte Street, Suite 200, Kansas City, Missouri 64105, submitted a Statement of Qualification; and WHEREAS, the Capital Projects and Parks Manager, reviewed the statements of the three firms and determined that WSP was qualified; and WHEREAS, an Agreement for Archaeological Services (the "Agreement") ("Attachment 1" attached hereto and incorporated herein) was then prepared that is structured so that the base agreement provides for generalized, on-call services, while more specific services required, will be authorized in the form of a Task Order which will be individually approved by the Board of Aldermen, and they set forth specific scope of services, compensation, scheduling, and other necessary terms as dependent upon the nature of the project and work requested; and WHEREAS, staff recommends to the Board the passage and approval of this resolution approving the Agreement and; WHEREAS, the AGREEMENT fulfills a public purpose, will further the growth of the City, facilitate the orderly development of the City, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City, enable the City to direct development, and otherwise is in the best interest of the City by furthering the health, safety, and welfare of its residents and taxpayers. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. AGREEMENTS APPROVED. It is in the best interest of the City, in order to further the objectives of industrial and economic development of the City, and to further the health, safety, and welfare of its residents, businesses and taxpayers to APPROVE the Agreement for Archaeological Services (the "Agreement") ("Attachment 1" attached hereto and incorporated herein). SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator, and all other required city officials are authorized to execute the AGREEMENT authorized herein together with any and all documents necessary or incidental to the performance thereof and to take such RESOLUTION NO. R-2024-050 other actions as may be deemed lawful, necessary and/or convenient to carry out and comply with the intent of this Resolution. SECTION 3. SEVERABILITY CLAUSE. The provisions of this resolution are severable and if any provision hereof is declared invalid, unconstitutional, or unenforceable, such determination shall not affect the validity of the remainder of this resolution. SECTION 4. EFFECTIVE DATE. This Resolution shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED by the Board of Aldermen of the City of Riverside, Missouri, this 21st day of May 2024. ctudimx.),A°. Kath en L. Rose, Mayor ATTEST: Robin:Kincaid, ity Clerk AGREEMENT FOR ARCHAEOLOGICAL SERVICES THIS AGREEMENT is entered into as of the 21$t day of May, 2024 (the "Effective Date"), by and between WSP USA Inc., a New York corporation having an office at 300 Wyandotte Street, Suite 200, Kansas City, Missouri 64105 (the "Consultant") and the City of Riverside,Missouri,a Missouri municipal corporation(the"City"). WHEREAS, the City desires to engage the Consultant to provide services to the City regarding archaeological monitoring and reporting services as more fully described in Exhibit A, entitled"Project Services"attached hereto and incorporated herein by reference. NOW, THEREFORE, in consideration of the promises and mutual covenants between the parties and for other good and valuable consideration the receipt of which is acknowledged by the parties,they agree as follows. 1. Term of Agreement. This non-exclusive Agreement shall begin as of the Effective Date and shall continue until terminated as provided herein. 2. Scope of Services. A. General. The Consultant shall provide the Project Services described in Exhibit A. The Consultant is solely responsible for payment of wages, salaries, fringe benefits and other compensation of, or claimed by, the Consultant's personnel in the performance of the Project Services, including, without limitation, contributions to any employee benefit plans and all payroll taxes. B. Project Specific. In addition to the Project Services to be provided pursuant to this Agreement, the City may task the Consultant to provide additional professional services on a project-specific basis. In the event the Consultant is tasked to provide such services,the City and the Consultant shall acknowledge a separate Task Order in the form attached hereto as Exhibit C in its substantial form, which describes the scope of services to be provided by the Consultant and the City, providing for compensation for services to be provided by the Consultant, and providing completion times for said services, and any other necessary matters. The compensation to be paid the Consultant pursuant to any supplemental agreement shall be at the rates set forth in Exhibit B attached hereto and incorporated herein by reference unless otherwise agreed in the Task Order. In no event is any work in excess of that described in Exhibit A authorized by this Agreement without the City and the Consultant first entering into a Task Order. 3. Compensation and Invoices. A. The City agrees to compensate the Consultant in accordance with the Compensation Schedule contained in Exhibit B. B. The City will pay all proper invoices within thirty (30) days of receipt. The following establishes the invoice procedure: 1 1. All invoices shall contain a narrative entry sufficient to describe the work or task performed and an indication of the person and job classification who performed the work. 2. The Consultant shall not charge the City more than $0.10 per page (for 8 %2 x 11" paper). If an outside copying job (e.g.,FedEx Office) is required, Consultant shall only bill the actual cost incurred for photocopying with no markup. 3. All other out-of-pocket expenses will be for actual cost only with no markup (includes meals,hotels,courier,printing of plan sheets,special delivery,etc.). C. The City shall have the right to withhold payment to Consultant for any work not completed in accordance with the standard of care until such time as Consultant modifies such work to be consistent with said standard. 4. The City's Responsibilities. The City shall give prompt notice to the Consultant of any matters of which the City becomes aware that may affect the Project Services of the Consultant. The City shall cooperate with the Consultant in performing the Project Services by making available at reasonable times and places relevant City documents and pertinent City officers and employees to advise, assist, consult and direct the Consultant. The City shall examine documents submitted by the Consultant and render decisions promptly as may be required. 5. Insurance. A. General Provisions. Consultant shall file (by the Effective Date) with the City evidence of liability insurance that is consistent with the amounts set forth below. B. Limits and Coverage. 1. A policy of insurance for Commercial General Liability Coverage shall be provided in the aggregate amount of$2,000,000 for all claims and$1,000,000 per occurrence. A policy of insurance for Automobile Liability Coverage shall also be provided in the amount of$1,000,000 on a combined single limit. The City shall be listed as an additional insured as respects both policies.Neither policy shall be cancelled, or materially modified so as to be out of compliance with the requirements of this section, or not renewed without thirty (30) days advance written notice of such event being given to the City. 2. The Consultant shall obtain and maintain Workers' Compensation Insurance for a limit of$500,000 for all of their respective employees, and in case any work is sublet, the Consultant shall require any subcontractors to provide Workers' Compensation insurance for all subcontractor's employees, in compliance with Missouri law. The Consultant hereby indemnifies the City for any damage resulting to it from failure of either the Consultant or any contractor or subcontractor to obtain and maintain such insurance. The Consultant shall provide the City with a certificate of insurance indicating Workers' Compensation coverage by the Effective Date. 2 3. Professional Liability Insurance covering claims resulting from engineering and surveying errors and omissions with a limit of $1,000,000 per occurrence and $2,000,000 aggregate. 6. Termination. Any party may terminate this Agreement at any time,with or without cause,by giving thirty(30) days' notice to the other party in writing. In the event of termination, all finished or unfinished reports, or other material prepared by the Consultant pursuant to this Agreement, shall be provided to the City. Upon termination the City shall pay Consultant for all services rendered and costs incurred up through the termination date for any work completed on the project prior to the date of termination plus any reasonable termination expenses as agreed to by the City. 7. Relationship of Parties. It is the intent of the parties that the Consultant shall be an independent contractor in its capacity hereunder. Nothing herein shall be construed to create an employer-employee relationship. All services performed pursuant to this Agreement shall be performed by the Consultant as an independent contractor. The Consultant shall not have the power to bind or obligate the City except as set forth in this Agreement or as otherwise approved by the City in writing. 8. Notices. Any notice, approval or other communication between the City and the Consultant pursuant to this Agreement shall be made in writing and shall be deemed to be effective upon receipt or refusal of service and may be given by personal delivery, courier, reliable overnight delivery or deposit in the United States mail, postage prepaid, registered or certified, return receipt requested, to the address specified below or to such other address as may later be designated by written notice of the other party: The City: WSP: City of Riverside WSP USA Inc. Attn:Noel Bennion Attn: Marlis M Muschal 2950 NW Vivion Road 300 Wyandotte St, Suite 200 Riverside,Missouri 64150 Kansas City,MO 64105 nbennion@riversidemo.gov Marlis.muschal@wsp.com Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and the Consultant. 9. Disputes. In the event of a dispute between the City and the Consultant arising out of or related to this Agreement, the aggrieved party shall notify the other parties of the dispute within a reasonable time after such dispute arises in an effort to resolve the dispute by direct negotiation or mediation. During the pending of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. 3 10. Waiver. A waiver by any party of any breach of this Agreement by any other party shall only be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach or the same kind of breach on another occasion. 11. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any invalid, illegal or unenforceable provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did not contain the particular portion or provision held to be invalid, illegal or unenforceable. The parties further agree to amend this Agreement to replace any stricken provision with a valid, legal and enforceable provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Agreement from being invalidated should a provision which is of the essence of this Agreement be determined to be invalid, illegal or unenforceable. 12. Entire Agreement; Governing Law. This Agreement constitutes the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and negotiations with respect thereto. This Agreement may be amended only by a written instrument signed by all parties. This Agreement shall be governed by the laws of the State of Missouri. In the event this Agreement is litigated, venue shall be proper only in the Circuit Court of Platte County,Missouri. 13. Counterparts. This Agreement may be executed in separate counterparts. 14. Assignment. Neither the City nor the Consultant shall assign any rights or duties under this Agreement without the prior written consent of the other party,which consent may be granted or withheld in such other party's absolute discretion. Nothing contained in this Section shall prevent the Consultant from engaging independent consultants, associates, and subcontractors to assist in performance of the Project Services, provided however, in the event Consultant employs independent consultants, associates, and subcontractors to assist in performing the Project Services, Consultant shall be solely responsible for the negligent performance of the independent consultants, associates, and subcontractors so employed. Each party binds itself and its successors and assigns to all provisions of this Agreement. 15. No Third-Party Rights. The provisions of this Agreement shall not be deemed to create any third-party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. 4 16. Opinions of Cost. Consultant's opinion of probable construction costs shall be made on the basis of experience and qualification as a professional engineer, but Consultant does not warrant or guarantee that proposals,bids, or actual costs will not vary from Consultant's costs estimates. 17. Good Faith Efforts and Cooperation. The parties agree to use good faith efforts in a professional manner in the performance of their services and covenants in this Agreement and to cooperate at all times and coordinate their activities as necessary during the Term of this Agreement to assist in performance of the Project Services and to ensure performance of the Project Services in an efficient and timely manner in accordance with the applicable standard of care. 18. Authority. Each party represents to the other parties that it has the power and authority to enter into this Agreement and that the person(s) executing it on its behalf has the power to do so and to bind it to the terms of this Agreement. The Consultant represents that it has taken all action necessary or appropriate to authorize it to execute, deliver and perform this Agreement and to cause it to be binding upon the Consultant. 19. Covenant Against Contingent Fees. The Consultant warrants that the Consultant 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 Consultant 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 Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, at 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. 20. Ownership of Documents. Payment by City'to Consultant as provided herein shall vest in City title to all drawings, sketches, studies, analyses, reports, models, and other paper, documents, computer files, and material produced by Consultant exclusively for the Project Services performed pursuant to this Agreement up to the time of such payments, and the right to use the same without other or further compensation,provided that any use for another purpose shall be without liability to the Consultant. Upon completion of the Project Services, Consultant shall deliver to City possession of all records pertaining to the Project Services. Notwithstanding the foregoing, Consultant shall be permitted to retain copies of any such documents for its records in accordance with corporate or statutory record keeping obligations, provided however that any such retained documents, information, files, etc. shall remain subject to this Agreement, and Consultant's confidentiality obligations in relation to such retained information shall survive and continue despite any termination of this Agreement. 21. Compliance with Laws. Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the Project Services. Consultant shall secure all licenses,permits,etc. from public and private sources necessary for the fulfillment of its obligations under this Agreement. 5 22. Consultant's Endorsement. Consultant shall endorse as necessary all plans, specifications, estimates, and engineering data furnished by it. 23. Indemnification and Hold Harmless. Consultant shall indemnify and hold harmless City and its officers, employees, elected or appointed officials, and attorneys, each in their official and individual capacities, from and against judgments, damages, losses, expenses, including reasonable attorneys' fees, to the extent caused by the negligent acts, errors, omissions, or willful misconduct of Consultant, or its employees,or subcontractors, in the performance of Consultant's duties under this Agreement,or any supplements or amendments thereto. 24. Professional Responsibility. Consultant will exercise reasonable skill, care, and diligence in the performance of its services in accordance with customarily accepted professional engineering practices in the same or similar locale. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, and without reimbursement from City, the professional engineering services necessary to correct errors and omissions that are caused by Consultant's failure to comply with above standard. 25. Tax Exempt. City and its agencies are exempt from State and local sales taxes. Sites of all transactions derived from this Agreement shall be deemed to have been accomplished within the State of Missouri. 26. Safety. In the performance of the Project Services, Consultant shall comply with the applicable provisions of the Federal Occupational Safety and Health Act, as well as any pertinent federal, state and/or local safety or environmental codes. 27. Anti-Discrimination Clause. Consultant and its agents, employees, or subcontractors shall not in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed. 28. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of terrorism, riot, labor condition, epidemic or pandemic) that was beyond the party's reasonable control. IN WITNESS WHEREOF, the Consultant and the City have executed this Agreement as of the Effective Date. (rest of page intentionally left blank) 6 WSP USA INC.: CITY OF RIVERSIDE, MISSOURI: Dlgllelly signed by Warne*,Marc( Wampler, ON:cn•Wemp Marc ttor ,g; bn Marc(U&MW (USMW719931)„; ,1);®a 0 omemaA=mart. By: Date:2024.05 le 11:4810-04'00 By: 4441-11.40/ Name:Marc Wampler Name: Kathleen L.Rose Title: Vice President,Archaeology Title: Mayor Dated: 5-16-2 0 2 4 Dated: ,w �`/ )1)Z(/ ATTES . Robin Kincaid, City Clerk • a By: Nam Brian Korai Title: ' Ad inistrator Dated: S ka3 \ar-i 7 WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530,RSMo K2nl STATE OF MTSSOU&1 I ) ) ss. COUNTY OF J61 5or‘ ) BEFORE ME,the undersigned authority,personally appeared cr cc. V k,,Oo( ,who, being duly sworn, states on his oath or affirmation as follows: 1.My namg is k-- W tw`P\e( and I am currently the We,We-Sldln- of asciAtolo y c lN5 Lt.5c 1-Vhc,• (hereinafter"Contractor"), whose business Address is 3b0 V ac4o'ltQ Streck Su.;re.260 , and I am authorized to make this Affidavit. kctr.5a. tit/1 rho (o 4105' 2. I am of sound mind and capable of making this Affidavit,and am personally acquainted with the facts stated herein. 3. Consultant is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the provision of Engineering Services. 4. Consultant does not knowingly employ any person who is an unauthorized alien in connection with the co acted services set forth above. Affiant Marc_ Wa 1er Printed Name rn Subscribed and sworn to before me this l(p day of 1 I \a , 2024 Y)Ok_142k. '144 Notary Public SiAtI, af cy_- vt��(c/ -K.`' NP 1%1O9 NOTARY s. 11100 8 EXHIBIT A Project Services Perform archaeological site monitoring and reporting services, including: • Participate in discussions and meetings with City Staff and City Contractor; • Perform daily monitoring of construction site,as needed; • Provide daily reporting to Osage Nation Historic Preservation Office; • Provide responses as needed to ONHPO comments on reports. 9 Exhibit B Compensation Schedule Agreed to by Task Order 1 10 Exhibit C Form of Task Order Task Order Number_ For Engineering Services This Task Order is entered into as of the ,20 (the"Effective Date"), by and between WSP USA Inc., a New York corporation having an office at 300 Wyandotte Street, Suite 200, Kansas City, Missouri 64105 (the "Consultant") and the City of Riverside, Missouri,a Missouri municipal corporation(the"City"). WHEREAS, the City has engaged Consultant to provide engineering services pursuant to the Agreement for Engineering Services dated ,20 pursuant to which the City may task the Consultant to provide additional professional engineering services on a project-specific basis by acknowledging a separate Task Order. NOW, THEREFORE, in consideration of the promises and mutual covenants between the parties and for other good and valuable consideration the receipt of which is acknowledged by the parties,they agree as follows: 1. Incorporation of Base Agreement. This Task Order is subject to all terms and conditions contained in the Agreement for Engineering Services dated , 20 , that are not inconsistent with the specific terms contained herein, and the Agreement for Engineering Services dated , 20 , between the parties is incorporated herein as if set forth in full by this reference. 2. Scope of Services. The Scope of Services pursuant to this Task Order are as contained in Exhibit A. 3. Term. Consultant shall begin work pursuant to this Task Order upon its Effective Date, and shall [continue until otherwise completed or this Task Order is terminated] [be completed by final acceptance of the project as approved by the City]. 4. Compensation. Unless compensation is set forth in this Task Order, compensation shall be as provided in the Agreement for Engineering Services dated , 20 , between the parties. 5. Project Schedule. 11 IN WITNESS WHEREOF,the Consultant and the City have executed this Agreement as of the Effective Date. WSP USA INC.: CITY OF RIVERSIDE,MISSOURI: By: By: Name: Name: Kathleen L.Rose Title: Title: Mayor Dated: Dated: ATTEST: Robin Kincaid, City Clerk By: Name: Brian Koral Title: City Administrator Dated: 12 EXHIBIT B BUSINESS ENTITY CERTIFICATION,ENROLLMENT DOCUMENTATION AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The project sponsor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: To be completed by a non-business entity as defined below. BOX B: To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at Ihttiz://www,dhs,jov/Gies/programs/gc 1185221678150.shtm. BOX C: To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing and Materials Management. Business entity,as defined in section 285.525,RSMo,pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity,enterprise,profession,or occupation for gain,benefit,advantage,or livelihood. The term "business entity"shall include but not be limited to self-employed individuals, partnerships,corporations,contractors,and subcontractors.The term"business entity"shall include any business entity that possesses a business permit,license,or tax certificate issued by the state,any business entity that is exempt by law from obtaining such a business permit,and any business entity that is operating unlawfully without such a business permit.The term"business entity"shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision(17)of subsection 12 of section 288.034,RSMo. Note:Regarding governmental entities,business entity includes Missouri schools,Missouri universities(other than stated in Box C),out of state agencies, out of state schools,out of state universities,and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. HOX A - Ct1RRFNTI Y NCYI A BUSINI,Sti 1,N"1'l"I'Y I certify that (Company/Individual Name)DOES NOT CURRENTLY MEET the definition of a business entity,as defined in section 285.525,RSMo pertaining to section 285.530,RSMo as stated above, because: (check the applicable business status that applies below) O I am a self-employed individual with no employees;OR O The company that I represent employs the services of direct sellers as defined in subdivision(17) of subsection 12 of section 288.034,RSMo. I certify that I am not an alien unlawfully present in the United States and if (Cornpany/Individua( Name)is awarded a Recreational Trails Program Grant for (Project Title)and if the business status changes during the project period to become a business entity as defined in section 285.525,RSMo, pertaining to section 285.530,RSMo,then,prior to proceeding with the project as a business entity, (Company/Individual Name)agrees to complete Box B,comply with the requirements stated in Box B and provide the Department of Natural Resources,Division of State Parks with all documentation required in Box B of this exhibit. Authorized Representative's Name(Please Print) Authorized Representative's Signature Company Name(if applicable) Date EXHIBIT B (Complete the following if you DO NOT have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B,do not complete Box C.) BOX B—CURRENT BUSINESS ENTITY STATUS I certify that WSP USA Inc. (Business Entity Name)MEETS the definition of a business entity as defined in section 285.525,RSMo,pertaining to section 285.530. I /27/r5—eita.2 Authorized Business Entity Representative's Au horized Busine s Entity Name(Please Print) Re lresentative's Signature WSP USA Inc. ,2 y zwi-/ Business Entity Name Dat /10(11 r E-Mail Addres sUoJ As a business entity,the project sponsor must perform/provide each of the following. The project sponsor should check each to verify completion/submission of all of the following: Ca Enroll and participate in the E-Verify federal work authorization program(Website: http://www.dhs.gov/files/progyallls/ge 1 1 85221678 1 50.shttn;Phone: 888-464-4218; Email: e- yed fy@dhs.gov)with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein;AND ® Provide documentation affirming said company's/individual's enrollment and participation in the E- Verify federal work authorization program.Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the project sponsor's name and company ID OR a page from the E-Verify Memorandum of Understanding(MOU)listing the project sponsor's name and the MOU signature page completed and signed,at minimum,by the project sponsor and the Department of Homeland Security—Verification Division. If the signature page of the MOU lists the project sponsor's name and company ID,then no additional pages of the MOU must be submitted;AND XI Submit a completed,notarized Affidavit of Work Authorization provided on the next page of this Exhibit. EXHIBIT B AFFIDAVIT OF WORK AUTHORIZATION: The project sponsor who meets the section 285.525,RSMo,definition of a business entity must complete and return the following Affidavit of Work Authorization.• Comes now_ (Name of Business Entity Authorized Representative)as .fCho eLo I .- (Position/Title)first being duly sworn on my oath,affirm WSP USA Inc. (Business Entity Name)is enrolled n\id will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the proposed Recreational Trails Program project with the State of Missouri for the duration of the contract(s),if awarded in accordance with subsection 2 of section 285.530,RSMo. I also affirm that WSP USA Inc. (Business Entity Name)does not and will not knowingly employ a person who is an unauthorized alien in connection with the proposed Recreational Trails Program project for the duration of the project period,if awarded. 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.) i • - in aril!) , Nti 11 A CL( uth ized Represer tat' e's 'ign tune Printed Name Lai h a.poloo>Li� a2 ,77 2/� `y Title S Drat r ( O 11 PI(iii(1/2Q._(�tt) p..oil 568440 Is- ail Address E-Verify Company ID Number /in� Subscribed and sworn to before me this U. of lib t a am (DAY) (MONTAR) commissioned as a notary public within the County of Zl(.11-fit 7rk , State of (NAME OF COUNTY) ✓ k t��(g l.. C ,and my commission expires on 06/,9-�./,a� (NAME OF STATE) (DATE) „7/1 ,... 6 fc.-.....--). ---) t {" V..,"• C---' ... -- Ot°Z-/ -(S/t1.?4/ Signature of Notary Late VALAREC DREIER Notary Public.Notary Seal State of MlssourlC County My CmmissiondEi pir .Jackson 22 2026 _MCommisslnn Number:22867703 � dit Everify Company ID Number:19959 Client Company ID Number:568440 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS),the WSP USA Administration Inc(Employer), and the Web Services E-Verlfy Employer Agent.The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work In the United States after completion of Form 1-9,Employment Eligibility Verification(Form 1-9).This Memorandum of Understanding(MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer,the E-Verify Employer Agent,the Social Security Administration (SSA), and OHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU,the E-Verify browser refers to the website that provides direct access to the E-Verify system:https://e-verify.uscis.gov/emp.You may access E-Verify directly free of charge via the E-Verify browser, 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. Section 1324a note).The Federal Acquisition Regulation (FAR)Subpart 22.18, "Employment Eligibility Verification"and Executive Order 12989,as amended, provide authority for Federal contractors and subcontractors(Federal contractor)to use E- Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling in E-Verify and signing the applicable MOU,the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and OHS policies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by OHS(though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A. Notice of E-Verify Participation B. Notice of Right to Work 4. The Employer agrees to provide to the SSA and DHS the names,titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verlfy.The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual.The Employer will obtain the E-Verify User Manual from the Web ServicesE-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 6. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: A. 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 Page 1 of 17 I L-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/O1/13 }"' * symq. Company ID Number:19959 Client Company ID Number:568440 If you have any questions,contact E-Verify at 1-888-464-4218, Approved by: Employer WSP USA Administration Inc. Name(Please Type or Print) Title Maleka Davis HRIS Director Signature Drolay•i 1 byD•1.,M. • Date Davis, Maleka-o wb.w,Meld.(o.h,Mh (DavisM) en�i•M.lek.D.Me®�P?om 11/1/2021 D.b:2011,11 Ot 1920:YO A/'OO' E-Verify Employer Agent TALX Corporation Name(Please Type or Print) Title Jasmine Tirado Signature Date Electronically Signed October:05,2021 Department of Homeland Security-Verification Division Name Title Janet Clark Supervisor Management & Program AnE Signature Date 9' ria,a,- 11/04/2021 1 Page 14 of 17 i E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 fy 11/4' erg ,.,.� Company ID Number:19959 Client Company ID Number:568440 Information Required for the E-Verify Program Information relating to your Company: Company Name WSP USA Administration Inc One Penn Plaza Company Facility Address 2nd Floor New York, NY 10119 Company Alternate Address County or Parish New York Employer Identification Number 91-0852417 North American industry Classification Professional,Scientific,And Technical Services(541) Systems Code Parent Company Number of Employees 5,000 to 9,999 Number of Sites Verified for 0 ti Page 15 of 17 I E-Verlfy MOU for Employers Using a Web Services Employer Agent I Revision Date 06/01/13 EXHIBIT B (Complete the following if you have the E-Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C,do not complete Box B.) BOX C—AFFIDAYITON FILE- CURRENT BUSINESS ENTITY STATUS I certify that (Business Entity Name)MEETS the definition of a business entity as defined in section 285.525,RSMo,pertaining to section 285.530,RSMo,and have enrolled and currently participates in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the Recreational Trails Program project with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E-Verify federal work authorization program.The documentation that was previously provided included the following. ✓ The E-Verify Employment Eligibility Verification page OR a page from the E-Verify Memorandum of Understanding(MOU)listing the project sponsor's name and the MOU signature page completed and signed by the project sponsor's and the Department of Homeland Security—Verification Division ✓ A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri State Agency or Public University*to Which Previous E-Verify Documentation Submitted: ("Public University includes the following five schools under chapter 34, RSMo:Harris-Stowe State University — St. Louis;Misso uri So uthern State University—Joplin;Missouri Western State University—St.Joseph;Northwest Missouri State University—Maryville;Southeast Missouri State University—Cape Girardeau.) Date of Previous E-Verify Documentation Submission: Previous Bid/Contract Number for Which Previous E-Verify Documentation Submitted: (if known) Authorized Business Entity Representative's Authorized Business Entity Name(Please Print) Representative's Signature E-Vcrify MOU Company ID Number E-Mail Address Business Entity Name Date FOR STATE USE ONLY Documentation Verification Completed By: Buyer Date Forms/Certifications I ExhibitA EXHIBIT A U.S.Department of the Interior Certifications Regarding Debarment,Suspension and Other Responsibility Matters,Drug-Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations Certification Regarding Debarment, Suspension, Ineligibility referenced below for complete Instructions: and Voluntary Exclusion-Lower Tier Covered Transactions- (See Appendix B of Subpart D of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions - The Certification Regarding Drug-Free Workplace Requirements prospective primary participant further agrees by Alternate I. (Grantees Other Than Individuals) and submitting this proposal that It will Include the clause Alternate II,(Grantees Who are Individuals)-(See Appendix titled, "Certification Regarding Debarment, Suspension, C of Subpart D of 43 CFR Part 12) Ineligibility and Voluntary Exclusion-Lower Tier Covered Signature on this form provides for compliance with Transaction," provided by the department or agency certification requirements under 43 CFR Parts 12 and 18, entering into this covered transaction, without The certifications shall be treated as a material modification,In all lower tier covered transactions and In representation of fact upon which reliance will be placed all solicitations for lower tier covered transactions. See when the Department of the Interior determines to award the below for language to be used or use this form certification covered transaction,grant,cooperative agreement or loan, and sign. (See Appendix A of Subpart D of 43 CFR Part 12.) PART A: Certification Regarding Debarment,Suspension,and Other Responsibility Matters- Primary Covered Transactions CHECK X IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (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 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 I 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. PART B: Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion- -� Lower Tier Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the prospective lower tier participant Is unable to certify to any of the statements In this certification,such prospective participant shall attach an explanation to this proposal. This form was electronically produced by Elle Federal Forms,Inc. 01.2010 June 1095 (Ms form replaces 01 1953,DI-1854, DI-1965,DI-1956 and 01.1003) " l ) City of Riverside,Missouri I Pool Renovation Site Monitoring I Statement of Qualifications 11 Forms/Certifications I Exhibit A PART C: Certification Regarding Drug-Free Workplace Requirements CHECK X IF THiS CERTIFICATION IS FOR AN APPLICANT WHO iS NOT AN INDIVIDUAL, Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that It will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufar',tlire,distribution,dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The dangers of drug abuse In the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs;and (4) The penalties that may be Imposed upon employees for drug abuse violations occurring In the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee In the statement required by paragraph(a)that,as a condition of employment under the grant, the employee will-- (1) Abide by the terms of the statement;and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing,within ten calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the Identification number(s)of each affected grant; (f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2),with respect to any employee who is so convicted-- (1) Taking appropriate action against such an employee, to and Includingtermination,consistent 9personnel9up with the requirements of the Rehabilitation Act of 1973,as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a)(b), (c),(d),(e)and(f). B. The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific grant: Place of Performance(Street address,city,county,state,zip code) 300 Wyandotte Street, Suite 200 Jackson..County,-Kan_s_s C1ty,_M1ssouri-64105 Check if there are workplaces on files that are not identified here. PART D: Certification Regarding Drug-Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution,dispensing,possession,or use of a controlled substance in conducting any activity with the grant; (b) if convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction,in writing,within 10 calendar days of the conviction,to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point,it shall include the identification number(s)of each affected grant. DI-2010 June 1005 (This form replaces DI-1963,01.1064, DI-1065,DI-1968 and DI-1963( 12 City of Riverside,Missouri I Pool Renovation Site Monitoring I Statement of Qualifications A, l Forms and Certifications I ExhibitA PART E: Certification Regarding Lobbying Certification for Contracts,Grants,Loans,and Cooperative Agreements CHECK X IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS$100,000:A FEDERAL GRANT OR COOPERATIVE AGREEMENT; SUBCONTRACT,OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT CHECK IF CERTIFICATION FOR THE AWARD OF A FEDERAL ' LOAN EXCEEDING THE AMOUNT OF$150,000,OR A SUBGRANT OR SUBCONTRACT EXCEEDING$100,000,UNDER THE LOAN • The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of an agency,a Member of Congress,and officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering Into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement, (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"In accordance with Its (3) The undersigned shall require that the language of this certification be Included In the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subreciplents shall certify accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into,Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,title 31,U.S,Code, Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. j As the authorized certifying official,I hereby certify that the above specified certifications are true, OdX1;..)flif\lugg SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Marlis M. Muschal, M.A., RPA TYPED NAME AND TITLE February 28, 2024 DATE DI.2010 June 1996 1 (This form replaces 01.1953,DI.1954, DI-1955,DI-1956 end 01-1963) NN l ) City of Riverside,Missouri I Pool Renovation Site Monitoring I Statement of Qualifications 13