HomeMy Public PortalAboutConstruction Projects with State of MO Funding_08-09-2016_0 (2)Construction with State of Missouri Funding
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METROPOLITAN ST. LOUIS SEWER DISTRICT
BUSINESS DIVERSITY
MWBE Utilization and Workforce Program
Construction Projects with State of Missouri
Funding
Effective August 9, 2016
PURPOSE
The Metropolitan St. Louis Sewer District (MSD or District) will provide opportunities for the meaningful
participation by Minority and Women Business Enterprises (MWBE) and for minority and women
workforce on Construction Projects performed for the District.
The Purpose of this procedure is to establish guidelines for MWBE participation by applicable vendors,
bidders, contractors, service providers and any person, corporation, business, or other entity performing
a Commercially Useful Function (CUF) while doing business with the District on Construct ion Projects
that are receiving State of Missouri Funding for which compliance with Executive Order #15-06 is
required; or projects that receive federal funding administered by the State of Missouri for which
compliance with Executive Order #15-06 and Title 40 CFR Part 33 are required. This procedure also
establishes the guidelines for workforce participation compliance.
MWBE UTILIZATION
All certified MWBE firms, interested in participating on an MSD contract, regardless of the procurement
type, are required to perform a Commercially Useful Function (CUF) in fulfillment of an awarded
contract.
The purpose of the CUF requirement is to ensure that MWBE firms are ready, willing and able to perform
specific requirements for which they are certified and authorized to perform, according to the terms and
conditions as set forth in the contract. Work performed by an MWBE on MSD contracts must be
consistent with industry practices and other relevant considerations and has a necessary and useful role
in the transaction (i.e., the firm’s role cannot be a superfluous step added to a project in an attempt to
obtain credit towards meeting MWBE goal requirements). CUF requirements also exist to prevent, to the
extent possible, MWBEs from being utilized as a “pass through” or “front” for a prime contractor or
another subcontractor. A commercially useful function occurs when the MWBE firm is responsible for
execution of their contract and performs responsibly by managing and supervising the work involved
with respect to ordering materials, equipment, supplies, negotiating price, determining quality and
quantity, installing (where applicable), and payment for its own materials supplies, equipment and labor
without requirements for two-party payments. If in the District’s judgment, the MWBE (even if certified)
does not perform a commercially useful function in performance of a contract, credit towards meeting
stated MWBE goal will not be counted. When a MWBE firm is the manufacturer of materials provided
for performance on the contract, or the MWBE firm is providing labor in performance of a scope of
services that is a necessary requirement for the contract, the MWBE firm will generally be considered as
CUF, however all labor must be tied to a specific project scope identified on MSD Form A.
A. MWBE Requirements.
1. The Metropolitan St. Louis Sewer District (District) has established a MBE goal of
10.0% utilization for construction contracts in the amount of $50,000 or more for
which State of Missouri Funding is being utilized and for which compliance with
Executive Order #15-06 is required; or projects that receive federal funding
administered by the State of Missouri for which compliance with Executive Order
#15-06 and Title 40 CFR Part 33 are required. Exceptions will be noted in the
contract documents, when required.
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2. The Metropolitan St. Louis Sewer District (District) has established a WBE goal of
10% utilization for construction contracts in the amount of $50,000 or more for
which State of Missouri Funding is being utilized and for which compliance with
Executive Order #15-06 is required; or projects that receive federal funding
administered by the State of Missouri for which compliance with Executive Order
#15-06 and Title 40 CFR Part 33 are required. Exceptions will be noted in the
contract documents, when required.
3. A bidder who has achieved the 10.0% participation for MBE utilization and the 10%
participation for WBE utilization as defined herein will be in compliance with the
requirements of this specification. A bidder who cannot achieve the 10.0% MBE
utilization goal and the 10% WBE utilization goal must provide documentation, as
prescribed in paragraph C.3 to demonstrate that good faith efforts were initiated,
prior to submittal of the bid, to achieve these goals. If the bidder cannot demonstrate
such good faith efforts, the bid will be rejected as non-responsive.
4. The term Minority and Women Business Enterprises (MWBE) refers to:
a. A Minority Business Enterprise (MBE) is defined as a business that is at least 51%
owned, operated and controlled by a minority or minority group me mbers, who
are citizens of the United States. “Controlled” means that the minority owner(s)
must exercise actual day-to-day management of the business. The minority
groups covered by this procedure are African American, Hispanic American,
Asian American, Pacific Islander, American Indian or Alaskan Native.
b. A Women Business Enterprise (WBE), is defined as a business that is at least 51%
owned, operated and controlled by a woman or women, who are citizens of the
United States. “Controlled” means that the woman owner(s) must exercise actual
day-to-day management of the business.
5. The District will accept, as prospective MBE participants for these projects, those
MBE firms which have been certified for the industry type of service and/or material
for which they are contracted by one or more of the following agencies on or before
the date of the bid opening:
Missouri State Office of Equal Opportunity
City of St. Louis
St. Louis Minority Business Council
Note: MSD does not accept reciprocity certifications from other certifying agencies.
B. Pre-Contract Award Obligations:
1. A properly signed bid will certify that the bidder has undertaken the good faith
efforts described in this MWBE procedure to achieve the stated goal for MWBE
participation. It is mandatory for each bidder to submit MSD Form A with their bid
for consideration of MWBE sub-contractors to be utilized to fulfill goal requirements.
All other MWBE participation information including but not limited to attachments
to Form A, Form B, a nd all attachments and information required to demonstrate
good faith efforts (if needed) must also be submitted to MSD with the original bid at
the due date and time specified. Failure to submit any of the information as required
(on MSD Form A and/or MSD Form B) will result in the bid being rejected as non-
responsive.
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2. To establish a bid as responsive, the bidder must document on MSD Form A the
proposed utilization and tier level of participation of MWBE participants to be
utilized for achievement of the stated goals, and/or document on MSD Form B the
good faith efforts expended by the bidder to utilize MWBE participants. The
documentation requirements are outlined in C.3, a-e below. For the purpose of
determining the degree of goal attainment through MWBE sub-contractor joint
ventures, MWBE sub-contractors, MWBE manufacturers, MWBE distributors,
MWBE suppliers, and MWBE brokers, the following methodology will be utilized:
a. Any J oint V enture Sub-contractor consisting of a certified MWBE and
majority non-certified business enterprise, functioning as a singular joint entity,
will receive MWBE participation credit only for the MWBE’s participation based
upon a percentage of the dollar amount of the work performed by the MWBE
entity. Only the verifiable dollar amount as defined in paragraphs c. thru
h. below will be allowed to count towards MWBE participation goals. Joint
Venture Sub- Contractors must be pre-approved for sub-contracting activities
by MSD’s Diversity Division a minimum of 90 days prior to the bid opening
date for the project. To obtain approval, contact MSD’s Diversity Division.
b. All bidders including certified MWBE’s must achieve the required 10.0% MBE
utilization goal and 10% WBE goal by obtaining the additional participation
from certified MWBE’s.
c. A contractor or sub-contractor who has an ownership stake (at any level) in
another business entity (whether as a parent or subsidiary) may not use that
organization for purposes of meeting goal requirements in a subcontracting
capacity on a MSD project. MWBE participation must be obtained through
utilization of an independent, certified MWBE contractor with no ownership
affiliation to the contractor or subcontractor in the hiring capacity.
3. Bidders will be credited 100% for qualified MWBE participation of the dollar amount
for purchases made from certified MWBE sub-contractors for work performed at the
jobsite, but may include limited situations where the sub-contracting activity relative
to the work being performed on the contract is performed at an off-site location but
meets the CFU needs of the project (i.e. reinforcing steel mats tied at a yard and then
shipped to the jobsite, painting of structural steel, etc.), subject to approval by MSD’s
Diversity Division.
4. Any bidder will be credited with MWBE participation for 100% of the dollar amount
of purchases made from:
MWBE manufacturers who operate or maintain a facility and/or
establishment with a manufacturing business that produces on site
materials, supplies, items and/or equipment per specification documents; or
MWBE distributors/suppliers contracted with a manufacturer to distribute
products and who will in fact provide qualified installation services on
MSD’s project which meets a CUF for the MSD project. The MWBE
distributor/supplier must be engaged in marketing, sales, warehousing,
distribution, and delivery for the manufacturing entity.
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a. MWBE participation proposed under this category shall require the
following attachments to Form A:
Evidence that the MWBE is certified within the identified
manufacturing industry;
Product specifications;
MWBE’s location of manufacturing operations;
Address of MWBE’s product marketing, sales, warehouse,
distribution; and
Evidence of MWBE’s proposed installation services on the contract.
5. Any bidder will be credited with MWBE participation of 20.0% of the dollar amount
of purchases made from:
MWBE distributors and/or suppliers possessing a manufacturer’s contract
or agreement and engaged in the sales, warehousing, and distribution of
materials and/or supplies.
MWBE participation proposed under this category shall require as an
attachment to Form A identification of the address where the sales,
warehousing, and distribution activities occur.
6. A sub-contractor may be used for participation at any tier provided the bidder
identifies the “tier” level of utilization for the sub-contractor on MSD Form A and
submits verification of their certification along with any applicable required
attachments at the time of bid submittal.
7. Any non-certified MWBE sub-contractor at any tier level does not count towards
meeting a bidder’s MWBE participation goals. Therefore, all tiers of MWBE sub-
contractors are required to subcontract only to other certified MBE or WBE sub-
contractors providing the same services in order to be counted towards meeting the
MWBE participation goals. Any deviation from this requires im mediate notification
to and approval by the District.
C. Evaluation of Goal Achievement.
1. As a prerequisite, to demonstrate MWBE goal achievement, the bidder must provide
the following documentation with their bid:
NOTE: MSD Form A must be used for this purpose.
a. Name identification of the Certified MWBE sub-contractor;
b. Identification of the type of services, materials and/or work of the particular sub-
contractor to establish the MWBE’s Commercially Useful Function;
c. Total dollar amounts for the MWBE’s participation. Each MWBE must be listed
separately;
d. Proof of valid certification status for all MWBE sub-contractors;
e. Check box of the intended percentage of participation for each MWBE sub-
contractor that is to be credited towards meeting MWBE participation; and
f. Indicate the tier level of participation for each MWBE sub-contractor.
2. MSD reserves the right to conduct on-site interviews and inspections of the MWBE’s
listed on Form A at their place of business for purposes of verifying certification
information presented and to determine if the MWBE’s business is in compliance with
MSD’s guidelines for MWBE participation.
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3. For bids that do not meet the District’s stated MWBE goal, the bidder must document
and provide all good faith efforts undertaken by the bidder to achieve the stated goal.
For a bid to be considered responsive, efforts undertaken shall be concentrated and
aggressive so as to reach the intended MWBE targets for participation through various
means of personal contact, follow-up, and/or actual consultation with qualified
certified MWBE firms.
MSD Form B – Good Faith Documentation Requirements
The following is a list of minimum requirements (a thru e below) a bidder must
complete in order to have demonstrated compliance with meeting the requirements for
the District’s “Good Faith Efforts”. All “Good Faith Efforts” must be undertaken with
MWBE firms having skills or services relevant to the project being bid, and be “ready,
willing and able” to provide those skills or services. Information submitted as
validation of “Good Faith Effort” activities will be subject to verification.
a. Advertisements:
Bidder must provide documented proof of all efforts undertaken to extend
opportunities to certified MWBE firms through advertisements with locally
distributed media within the MSD service area. Advertisements must be
published at least fourteen (14) days prior to the bid due date. Examples
include: advertising in regional minority trade association newsletters,
minority-owned media specifically targeted to MSD’s service area, and
written notifications sent to minority contractor associations. Proof of
advertisements would include copies of the advertisement containing dates
published or publication affidavits. All other advertisements must be
acknowledged by the intended or targeted recipients.
b. Outreach to identify potential MWBE’s for work being sought:
To assist bidders, a listing of certified firms is provided with solicitation
documents and a listing of certified MWBE contractors is also provided on
MSD’s supplier diversity website (www.stlmsd.com) as a resource for
bidders to use for purposes of making contact with MWBE’s to solicit for
quotes, bids, etc. However, it is the responsibility of the bidder to verify the
current certification status and MWBE sub-contractor’s qualifications and
experience to perform work or supply services or materials as a MWBE sub-
contractor.
Any solicitation of letters, e-mails, or faxes sent by the primary bidder to
reach certified MWBE’s must include the specific type of work being sought,
or the work delivery schedule conforming to the type of work that the
MWBE firm is qualified to perform.
Bidder must provide documented contact with a minimum of two (2) MWBE
professional or advocacy organizations, each of which has capabilities to
assist with identification of potential certified MWBE’s for subcontracting
opportunities. Evidence of contact with the organization must be provided.
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c. Bidder shall host a pre-bid meeting, prior to bid completion, to reach qualified
MWBE’s. A Pre-bid meeting agenda with sign in sheets containing MWBE’s
contact information and signatures must be submitted with bidder’s outreach
documentation. Announcement of pre-bid meetings, including date and time,
should be included in the bidder’s advertisement, referenced in paragraph “a.”
above.
As an alternative, local construction contractor associations or the
equivalent may advertise separately for a single location pre -bid meeting
for numerous potential prime and MWBE firms. The prime contractor
shall submit sign in sheets showing their attendance and documenting
the attendance of MWBE firms with outreach documentation.
d. Written Correspondence and Notifications: In order to provide verification of
“good faith” efforts:
Bidder must provide copies of efforts to solicit bids and/or material quotes
from qualified MWBE’s through timely notifications to solicit business via
letters. Those solicitations should be dated or postmarked a minimum of
fourteen (14) calendar days prior to bid opening. Solicitations may be sent
using the following methods:
o Registered or certified mail with a returned receipt required, or
o E-mail notifications with acknowledgement by recipient or confirmation
via returned “read” receipts, or
o Faxed documentation with acknowledgement by recipient or
confirmation receipts, or
o Courier with proof of the MWBE’s acceptance signature
Verifiable proof of all such notifications must be submitted as confirmation
of the bidder’s due diligence to secure qualified minority participants within
MSD’s service area.
Bidder shall provide the listing used to solicit bids and must attempt to
contact an adequate number of certified MWBE’s, whether sourced from
MSD’s website listing (www.stlmsd.com) or other MSD approved certifying
agencies, must be contacted in relevant work categories, as designated in the
following table:
Number of MWBE’s in Relevant
Work Category
Minimum Number of MWBE’s
Contacted Based on MSD’s Website
List
Five or Less All Available MWBE’s
Six to 10 At Least Five MWBE’s
11 or More At Least 50% of Available MWBE’s
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e. Contracting in Good Faith with Interested MWBEs
It is the bidder’s responsibility to identify and make portions of the project
work available to qualified MWBE firms and to select those portions of the
work or material needed consistent with the available MWBE firms, so as to
facilitate MWBE participation. Evidence of such contracting outreach
includes the names, addresses, and telephone of MWBE’s that were
considered; a description of the information provided regarding the plans
and specifications for the work selected; and evidence as to why additional
agreements could not be reached with the MWBE’s to perform this work.
A bidder using good business judgment would consider a number of factors
in deciding to contract with MWBE firms and would take a firm’s price and
capabilities as well as project goals into consideration. Good faith effort
include those additional steps taken to do business with MWBE’s such as
negotiations, one-on-one meetings, etc., the bidder takes beyond sending the
initial request for a quote to reach an acceptable agreement for participation
with the MWBE. The ability or desire of a bidder to perform the work of a
contract with its own organization does not relieve the bidder of the
responsibility to make good faith efforts. A bidder is not, however, required
to accept higher quotes from MWBE’s if the price difference is excessive or
unreasonable.
f. Bidder must provide a justification statement which provides the reasons why the
Bidder could not attain the required goals and describing in detail the efforts
undertaken to reach the goals.
D. Post Contract Award Requirement:
1. Within fifteen (15) calendar days after notice of award of the contract , MWBE
verification letters signed by all the MWBE participants or copies of all MWBE
related sub-agreements signed by both the contractor and MWBE sub-contractors
must be submitted to the District. If a bidder fails to submit the required
information and documentation within fifteen (15) calendar days after notice of
award, the District may withdraw the notice of award and the bid security of
that bidder will be forfeited to the District.
E. Contractual Compliance Requirements:
1. For the purpose of validating MWBE compliance on any project, the District will
perform on-site monitoring; require validation of payments reported as made to
participating MWBE’s on the project; and conduct audits of records pertaining to the
project in order to verify the participation of MWBE’s performing work on the
contract.
2. During construction, the contractor must submit monthly online MWBE utilization
reports to the District or its assigned project Construction Manager (CM)
using the online Prism Reporting system. MSD will verify that the contractor
has reported their monthly MWBE a n d N o n -M W B E involvement
participation upon receipt of each progress payment request until the Final Payment
Application for the project is submitted. On months where there is no MWBE
activity, contra ctor must still submit a report indicating no activity was performed for
that month.
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3. Changes to the contractor’s original or previously approved MWBE utilization (MSD
Form A) will only be considered by the District for one of the following reasons:
a. The named MWBE sub-contractor is unable to meet the delivery requirements of
the contract schedule.
b. The named MWBE sub-contractor is dilatory in complying with the requirements
of the contract documents.
c. The named MWBE sub-contractor is prevented from performing due to
bankruptcy, insolvency or circumstances related to the failure of the business.
d. The type and amount of work to be performed by the MWBE sub-contractor is
less than what the contractor could have reasonably assumed at the time of the
bid.
The contractor must promptly report to the District, in writing, any proposed
changes in the utilization of MWBE sub-contractors, and include appropriate
written justification documentation, signed off by both the contractor and the
affected MWBE. All contract modifications to any MWBE participation and/or
MWBE scope of work requires a written District change order to the contract prior
to final close out of a project.
4. Before final payment will be authorized by the District, , the contractor must submit
a MWBE Payment Verification Confirmation Form (signed by both the contractor
and the MWBE sub-contractor) for each MWBE sub-contractor utilized on the project
indicating the full amount paid to date. Contractor must indicate on the Verification
Form whether this amount represents full or partial payment of all amounts owed to
the MWBE sub-contractor. In a case where the total final payment to the MWBE sub-
contractor cannot be made until the District makes its final payment to the
contractor, the contractor shall also indicate on the form the amount to be paid upon
receipt of final payment from the District. Upon receipt of final payment from the
District, and subsequent payment of any outstanding payments owed to MWBE sub-
contractors, the contractor shall record final payment into Prism and submit a new
MWBE Payment Verification Confirmation Form for each MWBE sub-contractor
receiving such outstanding payment confirming their receipt of final payment.
5. In the event the contractor fails to conform to meeting its MWBE obligations, the
contractor must furnish to the District, in writing, the reasons for failure. If, in the
sole judgment of the District, there have not been sufficient good faith efforts taken
on the part of the contractor to meet its full contract MWBE participation obligations,
the District will advise the contractor, in writing, of corrective actions to be initiated.
If the contractor fails to fully initiate the corrective actions in a timely manner, the
District may withhold the equivalent amount, which should have been paid t o the
MWBE(s), from any payments and/or institute appropriate actions pursuant to the
provisions that have been incorporated into the contract specifications. An
equivalent amount shall be defined as that portion of the MWBE goal per party that
was not met, as initially set forth on MSD Form A or by an approved MSD contract
change order agreement.
F. Disclaimer
The District's implementation of this MWBE procedure and its requirements does not
constitute any endorsement of any MWBE. By submitting a bid to the District, the bidder
agrees to hold harmless the District, its officers and employees, for all claims arising out of
this bid or any contract connected thereto.
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WORKFORCE REQUIREMENTS
Federally Funded Construction contracts in an amount of $10,000 or greater, will require compliance with
minority and women workforce, local employment, and apprentice diversity participation goals during
construction.
A. Workforce Requirements
14.7% Minority workforce participation per trade;
6.9% Woman workforce participation per trade.
Minority is defined as a male or female African-American, Hispanic American, Asian
American, Pacific Islander, American Indian or Alaskan Native.
B. Contract Obligation
1. The contractor must comply with all applicable workforce contractual
requirements at the onset of a ll MSD projects. All “boots on the ground” workforce
activity on a MSD project must be reported. This includes the workforces of both
certified and non-certified subcontractors.
a. At least fiftee n (15) days prior to mobilization, contractor is required to submit
a 60 Day Project Workforce Plan to the District forecasting the anticipated
workforce utiliza tion for the first 60 days of the project schedule for the
Prime contractor and all sub-contractors providing labor as a component
of their scope of work who will have workers on the project in the first 60
days of the project schedule. Contractor is required to use the appropriate
“60 Day Workforce Plan Template” provided by MSD’s Diversity
Department and located at the following website link:
http://www.stlmsd.com/our -organization/diversity -msd/diversity -
policies -and -forms
The following information is required to be included in the plan:
Name of each worker
Trade/Craft of each worker
Gender of each worker
Ethnicity of each worker
Employment Status, i.e., New Hire, Union Hall Hire, etc.
Length of employment with the Prime contractor or sub-contractor
2. In the event a contractor is not meeting the workforce goal requirements at the
onset of a project, contractor must also complete and include a “Project
Workforce Plan” schedule (also found at the website link above ) which
identifies the contra ctor’s plans for meeting the workforce goal requirements and
in addition which demonstrates the “good faith efforts” undertaken by both the
contractor and sub-contractors to meet the workforce requirements. To meet
“good faith effort” the contractor must provide the following to the District:
a. Documented proof of regular contact with the resources listed below
requesting availability of qualified workers must be provid ed to the District
along with responses received to the request for diverse workforce from the
following:
MSD’s Bud Training Program (SLATE)
MSD’s First Source Hiring Program (SLATE)
Documented contact with union affiliates (if applicable)
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b. An action plan to fulfill all contract workforce obligations by the end of the
project must be provided with documentation.
3. All actions of good faith must include the steps listed in 2. a -b. Failure to meet these
minimum contract obligations will subject the contractor to sanctions on doing future
work with the District up to and including a complete prohibition from performing
work on any District projects for a time period to be decided solely by the District.
4. Upon receipt of contractor’s 60 Day Project Workforce Plan by the District, contractor
will receive acknowledgement via email that the Plan has been received and is under
review. Within 5 business days of acknowledgement, contractor will receive a notice of
acceptance or request for additional information. This process will continue until an
acceptable plan is on file. The contractor is prohibited from proceeding with any
portion of the work having a workforce component until the Plan has been deemed
acceptable by the District.
5. Monthly Workforce Reporting Requirements: To be in compliance with MSD’s labor
and workforce reporting requirements contractor must utilize MSD’s Diversity
online Workforce R eporting System located at the following website link:
www.msddiversityreporting.com. Contractor shall submit monthly workforce
utilization reporting online by the 10th of each month for the previous month.
Certified Payrolls detailing actual utilization for the past month for the Prime
contractor and all sub-contractors performing work in the month being reported. If
the workforce goals have not been met, the report shall also include
documentation of specific “good faith effort ” performed in the past month as
well as the planned actions to be taken by the contractor and the sub-contractors
to fulfill workforce contractual requirements.
a. As part of its monthly reporting, documented proof of “good faith effort”
activities including initial and ongoing contact with the programs listed above
must be provided along with documented responses from each entity
contacted to request diverse workers.
6. During the life of the Community Benefits Agreement (“CBA”), MSD shall ensure that
the First Source Hiring Program and Training Programs are material terms on all new
MSD CIRP contracts, all amended or renewed CIRP projects and voluntary extensions
of existing CIRP projects. Under these CIRP projects the requirements for use of these
programs shall commence as of the effective date of the contract. MSD shall actively
monitor performance of the BUD and First Source Hiring Programs, shall enforce the
requirements for use of the BUD and First Source Hiring Programs and shall take
appropriate enforcement actions to address noncompliance.
The BUD and First Source Hiring Programs provid e access to targeted Minority and
Women applicants for MSD projects . Contractors shall receive from the
Programs prompt, cost-free eligibility lists of available qualified and trained
applicants when requested for MSD Projects. MSD requires contractor participation in
the BUD and First Source Hiring Programs with regard to all job vacancies on MSD
projects by:
a. Prime Contractors and their subcontractors;
b. Contractors and subcontra ctors entering int o or receiving an extension in the scope
of an existing project contract, an amendment or renewal of an existing project in
which the CBA was in effect at the time of the original contract.
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Nothing contained in the CBA or MSD guidelines shall re quire contractors
who are subject to collective bargaining agreements with union affiliates
to comply with utilization of SLATE Programs which violates any component
of bargaining agreement terms. Conflicts regarding the use of these programs
with collective bargaining agreements must be provided to the District along with
good faith effort documentation.
c. Contact Information for BU D Training and First Source Hiring Programs:
St. Louis Agency on Training and Employment St. Louis (SLATE)
Program Administrator: CJ Neu
1520 Market Street, Suite 3050
St. Louis, MO 63103
(314) 657-3551,
Phone (314) 641-8440,
https://www.stlouis-mo.gov/government/departments/slate/construction-
intake-center.cfm
www.stlworks.com
Applicant Intake Referrals Email: Constructionintake @stlworks.com
7. For the purposes of validating workforce compliance on any MSD project, the
District will perf orm on-site monitoring in order to confirm workforce compliance as
described in paragraph A above.
8. Failure to meet the “Good Faith” effort requirements listed above will subject
the contractor to sanctions on doing future work with the District up to and including
a complete prohibition from performing work on any District project for a time period
to be decided solely by the District.
FINAL CONTRACT AND ANNUAL DIVERSITY CO MPLIANCE EVALUATIONS
A. Upon submission of contractor’s final payment request, MSD’s Diversity Division
will conduct a final evaluation of both vendor and workforce goal attainment on all
contracts with vendor and/or workforce goals prior to release of contractors final contract
payment. A contractor is considered to be in compliance with MSD’s Diversit y Program
guidelines upon successful utilization of the MBE subcontractors proposed on
contractor’s originally submitted M SD Form A and satisfaction of workforce utilization
goal requirements . Any deviation from contractor’s originally approved MBE’s, requires
contractor to have a n approved change order with appropriate j u s t i f i c a t i o n
d o c u m e n t a t i o n . Final contract payments will not be approved without the required
d ocumentation.
B. For contracts exceeding $500,000, to meet workforce requirements, contractor must have
on file a n Initial 60 Da y Workforce Plan, all required monthly Workforce Utilization
Reports for Prime and Subs, all required certified payrolls for Prime and Subs, and any
additional required workforce compliance documentation such as good faith effort
documentation in the event contractor did not meet workforce requirements. Failure to
meet workforce compliance requirements can subject the contractor to sanctions on doing
future work with the District up to and including a complete prohibition from performing
work on any District project for a time period to be decided solely by the District.
C. On an annual basis, each pre-qualified contractor requesting to continue as an approved
pre - qualified contractor will be evaluated and scored on performance compliance with
meeting vendor and workforce goals. Failure to meet vendor and workforce compliance
r equirements can subject the contractor to sa nctions on doing future work with the District
up to and including a complete prohibition from performing w ork on any District
project for a time period to be decided solely by the District.