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MSD Prevailing Wage RulesTHE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES 1 Projects Requiring Prevailing Wages The prevailing hourly rate of wages shall be paid to all workers employed by or on behalf of the Metropolitan St. Louis Sewer District on the construction projects, exclusive of maintenance work. Only workers that are directly employed by contractor or subcontractor in actual construction work on the site of the building or construction job shall be deemed to be employed upon public works. Construction projects shall be subject to the enforcement of the District’s Prevailing Wage Requirements. This includes, but is not necessarily limited to the construction of projects in the: • Capital Improvement and Replacement Program Projects (regardless of the of the amount of the engineer’s estimate or the amount of the bid) • Blanket Contracts (as applicable) • Non-Capital Improvement and Replacement Program Projects over $10,000 (as applicable) The applicability of this requirement shall be as determined by the District and as stated in the project bid documents and/or specifications. 2 Establishment of the Prevailing Wage Rates Wage orders issued by the District reflect the wage rates prevailing construction projects within the District’s boundaries during the reporting period used to establish the wage rates. The prevailing wage for each occupational title shall be the rate most commonly paid during the period under consideration. Once the wage order has been established, it shall remain in effect until superseded by a new wage order. It should be understood by all interested parties that the certified prevailing wage rates determined by the District are minimum wage rates. The contractor may not pay less than the prevailing wage rates determined by the District for the project or contract awarded to the contractor as set forth in the proposal and/or project contract documents that were submitted. Employees are free to bargain for a higher rate of pay and employers are free to pay a higher rate of pay. 3 Definitions 3.1. Collective Bargaining Agreement – as defined by RSMO 290.210.1 3.2. Construction - as defined by RSMO 290.210.2 and further described in 8 CSR 30-3.020 3.3. Labor organization or union – as defined by RSMO 290.210.4 3.4. Maintenance work – as defined by RSMO 290.210.6 3.5. Prevailing hourly rates of wages or prevailing wage rate - The wages paid generally, to workers engaged in work of a similar character including the basic hourly rate of pay and the amount of the rate of contributions irrevocably made to a fund, plan or program, and the amount of the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to workers and mechanics pursuant to an enforceable Page 1 of 7 Version 1.1 - Effective Date: 01/01/2020 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES commitment to carry out a financially responsible plan or program which was communicated in writing to the workers affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal or state law to provide any of the benefits; provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the District, may be discharged by the making of payments in cash, by the making of irrevocable contributions by the assumption of an enforceable commitment to bear the costs of a plan or program as provided herein, or any combination thereof, where the aggregate of such payments, contributions and costs is not less than the rate of pay plus the other amounts as provided herein. 3.6. Public works contracting minimum wage – The wage equal to one hundred twenty percent of the average hourly wage in St. Louis City and St. Louis County as determined by the Missouri Economic Research and Information Center (MERIC) within the Department of Higher Education and Workforce Development, or any successor agency. 4 Determination of Prevailing Wage Rate Annually the District shall determine the prevailing hourly wages for each separate occupational title as defined in RSMO 290.257.6. The prevailing wage rate shall be the wage rate most commonly paid, as measured by the number of hours worked at each wage rate, for that occupational title. In determining such prevailing wage rates, the District shall ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, when no wages are reported. If the total number of reportable hours do not equal or exceed, one thousand hours for any particular occupational title, then the prevailing wage shall be the rate most commonly paid pursuant to a collective bargaining agreement or the public works contracting minimum wage as deemed appropriate by the District. In determining the prevailing wage rate, the District will utilize reported hours and wage data provided by the Missouri Department of Labor for the prior year, for construction projects that occurred within the City of St. Louis or St. Louis County during that one year period. The District will also accept and consider information submitted by constructors, subcontractors, labor unions and other interested parties provided that information regarding local wage rates for entry level workers and federally registered apprentices shall not be considered and upon verification that the information was not also submitted to the Missouri Department of Labor. Interested parties wishing to submit wage information to be used in establishing the prevailing hourly rate of wages for a particular class or type of work are required to identify the work according to the applicable occupational title of work description set forth in these rules. Hours of work reported to the District shall not be used to establish the prevailing hourly rate of wages if Page 2 of 7 Version 1.1 - Effective Date: 01/01/2020 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES the party submitting the hours of work fails to identify the work under one of the occupational titles recognized by these rules. Parties interested in submitting wage information may do by download and complete the MSD Contractor’s Wage Survey form (MSD-WS Form) from the District’s website and and electronically submit the form to: PrevailingWageMSD@stlmsd.com Wage determinations will be made based on the following schedule: WAGE DETERMINATION SCHEDULE1 Action Item Wage Order Effective Date July 1st Each Year (on or about) Hours/Wage Analysis Period March 1st – March 30th Filing of Initial Determination April 1st 30 Day Comment Period April 15th - May 15th Resolution of Objections May 15th – June 15th 1 Dates may be subject to change The Director of Finance or his/her designee for the District shall make an initial determination of the prevailing wage rate for each occupational title in accordance with the schedule stated above. A certified copy of the initial wage determination shall be filed with the Secretary-Treasurer of the District. The initial wage determination will be posted to the District’s website within ten days after the filing. During the 30 day comment period, any person who is affected thereby may submit their objection in writing by email to PrevailingWageMSD@stlmsd.com or by mail to the attention of the Secretary-Treasurer, stating the specific grounds of the objection. If no objections are filed, the determination is final after thirty days. The Secretary-Treasurer shall review all written objections and shall make the final determination that it believes the evidence warrants. A copy of the final determination shall be served on all objecting parties by email, personal service or by registered mail. 5 Apprentices and Entry Level Workers/Trainees PURPOSE: This rule sets forth the requirements for the payment of apprentice wages for workers employed on a District project subject to its prevailing wage requirements. 5.1. Journeymen’s rate of pay shall be paid to all workers employed on a District project subject to its prevailing wage requirements except apprentices and trainees registered and participating in apprentice or trainee programs registered with the United States Department of Labor, Bureau of Apprenticeship and Training; and apprentices and trainees registered and participating in apprenticeship and skill training programs certified by the Secretary of the United States Department of Transportation as promoting equal opportunity in connection with federal-aid highway construction programs. 5.2. Apprentices shall be permitted to work at less than the predetermined rate for the class or type of work they performed when they are employed pursuant to and individually registered Page 3 of 7 Version 1.1 - Effective Date: 01/01/2020 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES in a bona fide apprenticeship program registered with the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The allowable ratio of apprenticeship to journeymen on the site of the construction for any class or type of workers shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on the payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this rule, shall be paid not less than the applicable wage rate on the wage determination for the class or type of work actually performed. In addition, those apprentices performing work on the site of the construction who are in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the class or type of work actually performed. Every apprentice shall be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate for the class or type of worker specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices shall be paid the full amount of fringe benefits listed on the wage determination for the applicable class or type of work performed. In the event the Bureau of Apprenticeship and Training withdraws approval of an apprenticeship pro- gram, the contractor shall no longer be per- mitted to utilize apprentices at less than the applicable predetermined rate for the class or type of work performed until an acceptable program is approved. 5.3. (3) Entry Level Workers/Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the annual wage order for the applicable class or type of work performed. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the annual wage order for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Page 4 of 7 Version 1.1 - Effective Date: 01/01/2020 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES 6 Overtime and Holidays Overtime and holiday pay shall be as stipulated in the Wage Order. 7 Certified Payroll Record Retention and District Right to Examine the Records Contractors and subcontractors performing work subject to the prevailing wage requirement shall submit certified payroll records to the District upon its request. Contractors and subcontractors shall keep the certified payroll records on file for a minimum of one (1) year after the Acceptance of the Work, unless a longer document retention requirement is specified in the Project Contract Documents. The payroll records shall set out accurately and completely the following: name and address of each worker, the class or type of worker, rate of pay, daily and weekly number of hours worked for each class or type of work performed, deductions made, and actual wages paid for each class or type of work performed by each worker. The payroll records shall be available at all times for inspection by authorized representatives of the District. The District has the right to make examinations of the payrolls and other records of each contractor or subcontractor as it may deem necessary to assure compliance with the provisions the Ordinance, these Rules and with state law. In addition to payment of any wages and interest due, the contractor shall forfeit as a penalty to the District one hundred dollars for each worker employed, for each calendar day such worker is paid less than the specified wage rates for any work done under the contract, by the contractor or by any subcontractor under the contractor, and a stipulation to this effect s hall be included in any contract or award. 8 Classifications of Construction Work All District projects for which the prevailing hourly rate of wages of workers are to be determined, shall be classified as either (A) Building construction; or (B) Highway and heavy construction in accordance with the Rules of the Department of Labor and Industrial Relations 8 CSR 30-3.040. 9 Occupational Titles of Work Descriptions The District’s Occupational Titles shall have the same meaning as the Rules of the Department of Labor, 8 CSR 30-3.060 as amended by the Emergency Rules as was filed November 21, 2018, becomes effective December I, 2018, and expires May 29, 2019, or any subsequent revision to 8 CSR 30-3.060 made by the Department of Labor. 10 Posting of Prevailing Wage Rates Contractors and subcontractors engaged in District projects shall post the District’s prevailing hourly rate of wages in a dry, accessible place within the field office at the site of the building or construction job. On District projects for which no field office is needed or established, such as road construction, sewer lines, pipelines and the like, a contractor/subcontractor may post the prevailing hourly rates of wages at the contractor/subcontractor’s local office or batch plant, so Page 5 of 7 Version 1.1 - Effective Date: 01/01/2020 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES long as the contractor/subcontractor provides a copy of the prevailing hourly wage rates to any worker upon request. Prevailing hourly wage rates must be posted and maintained in a clearly legible condition for the duration of the District project. 11 Filing and Investigation of Complaints The District shall make inquiry into all complaints regarding any violation of these Rules; shall institute action for payment of wages, interest and penalties as stipulated in Paragraph 7; and shall enforce generally the provisions of these Rules and District Ordinance 15136. If any violation of this Ordinance is found by the District, the District shall withhold and retain from payments to the contractor all sums and amounts due and owing, including any assessed penalties, as a result. Nothing in these Rules shall limit the District’s authority or remedies that may be available under other laws, including but not limited to Missouri statutes, or pursuant to contract. All complaints regarding any violation of these Rules should be submitted by email to PrevailingWageMSD@stlmsd.com or in writing to the attention of the Secretary-Treasurer of the Metropolitan St. Louis Sewer District, 2350 Market St., St. Louis, MO 63103. Page 6 of 7 Version 1.1 - Effective Date: 01/01/2020 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PREVAILING WAGE RULES REVISION LOG Version Effective Date Revision Description Reason for Change 1.1 1/1/2020 Paragraph 2 – Delete Reference to “six months” District will establish wage order on an annual basis. 1.1 1/1/2020 In Paragraph 3.6 changed the Department of Economic Development to the Department of Higher Education and Workforce Development Reflects change in department name by the State. 1.1 1/1/2020 Part 4 – Change primary wage determination data source to the Missouri Department of Labor. Changed the Wage Order issuance schedule from twice yearly to once yearly. Insufficient valid data was submitted in first two collection periods. Utilization of data submitted to DOL eliminates the need for contractors to submit the same information to two different agencies. 1.1 1/1/2020 Part 11- Added language as to where to direct complaints Information missing from previous version. Page 7 of 7 Version 1.1 - Effective Date: 01/01/2020