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HomeMy Public PortalAboutEngineering Design Professional Service Contracts 08/01/2023 Engineering Design Professional Services Page 1 of 21 rev 07/1/23 METROPOLITAN ST. LOUIS SEWER DISTRICT BUSINESS DIVERSITY Utilization and Workforce Program for Engineering Design Professional Service Effective for contracts awarded after July 1, 2023 PURPOSE The purpose of the Metropolitan St. Louis Sewer District’s (MSD) Business Diversity Programs is to ensure that contracts are awarded in a manner that promotes economic inclusion across all segments of its business and maximize opportunities for diverse participation. MSD will take all necessary and reasonable actions to alleviate and address any documented disparities identified by the results from its 2022 Disparity Study Update , conducted by Mason Tillma n Associates, LTD. MSD promotes fair and open competition for meaningful participation of M inority and Women Business Enterprises (MBE/WBE) and for minority and women workforce participation on Engi neeri ng Desi gn P rofessi on al S erv i ce p rojects. Procedure Guidelines This procedure establishes guidelines for compliance with the Business Diversity Program for MBE/WBE participation by any and all consultants, subconsultants, proposers, contractors, subcontractors, service providers and any person, corporation, business, or other entity performing a Commercially Useful Function (CUF) while doing business with MSD on an Engineering Design Professional Service Projects to include Engineering Design, Surveying, Architectural, Construction Management and General Service Agreements involving Engineering Design Services. A. MBE/WBE Goals (Engineering Design Professional Services) MSD has established subconsultant participation goals on Engineering Design Professional Service contracts. Goals are applicable throughout the term of the contract and are calculated based on the total negotiated proposed cost amounts and expressed as a percentage of the total cost amounts for each MBE and/or WBE listed on MSD Form A-1. Final contract goal attainment is evaluated and based on the final contract amounts inclusive of amended amounts throughout the term of the contract unless MSD in its sole discretion determines otherwise. A Minority Business Enterprise (MBE) is defined as a certified MBE b usiness that is at least 51% owned, operated, and controlled by one or more minorities who are citizens of the United States. “Controlled” means t hat the minority owner(s) must exercise actual day-to-day management of the business operations. The minority groups that will count towards meeting goals for MBE subconsultant utilization are certified African American (Black American), Hispanic American, Asian American, Pacific Islander, American Indian, or Alaskan Native. A Women Business Enterprise (WBE) is defined as a certified WBE business t hat is at least 51% owned, operated, and controlled by one or more women who are citizens of the United States. “Controlled” means that the woman/women owner(s) must exercise actual day-to-day management and control of the business operations. Engineering Design Professional Services Page 2 of 21 rev 07/1/23 1. Subconsultant MBE/WBE Goals for Contracts below $500,000 MSD has established a combined M BE/WBE subconsultant participation goal of 3 1.00% utilization for Desi gn P rofessi onal S er vi ce cont ract s for amounts beginning at $50,000 up to $500,000. Exceptions will be noted in the contract documents, when required. 2. Subconsultant MBE and WBE Goals for Contracts above $500,000 MSD has established a subconsultant participation Minority Business Enterprise (MBE) goal of 18.00% utilization for Desi gn P ro f essi onal S e rvi c e cont ra ct s in the amount of $500,000 or more. Exceptions will be noted in the contract documents, when required. MSD has established a subconsultant participation Woman Business Enterprise (WBE) goal of 13.00% utilization for D e s i g n P r o f e s s i o n a l s e r v i c e c o n t r a c t s i n t h e a m o u n t o f $500,000 or more. Exceptions will be noted in the contract documents, when required. 3. Acceptable MBE and WBE Certifications for Meeting Goals MSD does not certify consultants or contractors. MSD accepts certifications issued by City of St. Louis Lambert Airport and the State of Missouri Office of Equal Opportunity. To be eligible for meeting goal participation MBE/WBE’s must possess a current valid certification issued by one of these approved certifying agencies at the time of proposal submission. The MBE/WBE’s certification must identify all codes issued for areas of industry classifications that the MBE/WBE is certified to perform work under the North American Industry Classification System (NAICS) or all areas of industry Segment Codes by which the MBE/WBE is certified to perform work for the scope they are proposing to be utilized. MBE/WBE goal participation will only count for scopes covered by the MBE/WBE ’s current certification on file at the time of proposal and for the duration of the project . The approved certification agencies are: • City of St. Louis Lambert Airport https://flystl.diversitycompliance.com • Missouri State Office of Equal Opportunity https://apps1.mo.gov/MWBCertifiedFirms *Note: MSD does not accept reciprocity certifications issued by other certifying agencies. Both agencies maintain a directory of certified firms with name, address, phone number, email address, and the industry codes for the type of work the firm or company is certified to perform as an MBE or WBE. Any lapse in certified status during performance of a contract could result in a firm’s participation not counting towards goal participation if the firm is unable to regain certification within 180 days of becoming decertified. Engineering Design Professional Services Page 3 of 21 rev 07/1/23 4. Minority and Women Workforce Goals for Engineering Design Professional Service The Metropolitan St. Louis Sewer District (MSD) has established a Prime local office (or Prime Project Team if there is no local office) Minority workforce goal of 31.00% and Women workforce goal of 37.00% on all Engineering Design Professional Service contracts in the amount of $500,000 or more. Minority categories includes male or female African American, Asian American, Hispanic American, Pacific Islander, American Indian, or Alaskan Native employed in the consultant’s local office. Women is defined as a female employed in the consultant’s local office. 5. Workforce Incentive Credits In an effort to promote more diverse Primes Consultants and diverse workforce on all Engineering Design Professional Service contracts, Firms have the option to complete the attached Multiplier Calculation Worksheet form to gain up to 20% credit in the evaluation process. B. Diversity Program Administration Diversity Programs Division reports to the Office of the Executive Director and is responsible to manage and monitor all utilization of MBE/WBE’s participating on MSD projects. All Engineering Design Professional Service contracts with Diversity Program requirements will be monitored to ensure compliance. 1. Definitions for Engineering Design Professional Services Award shall mean that MSD has identified and selected a Consultant (Contractor) as the intended recipient for work to be performed under contract as the Prime. Amendment an enforceable agreement which incorporates a change to the current contract between MSD and the Award recipient typically under mutually agreed upon terms. Business shall mean any organization or enterprise engaged in commercial, private, industrial, construction or professional activities involving making, buying, and/or selling goods or services. Commercially Useful Function occurs when an MBE or WBE is solely responsible for every aspect of execution of a scope of work under their own contract with responsibilities for management, performance, supervision, negotiating, hiring, ordering, installing, invoicing, and making payments without assistance. Compliance refers to Consultants and/or Subconsultants conforming to the scope and requirements they have contracted to perform. Cone of Silence refers to the period of time when there is a restriction on communications between the proposer, consultant, contractor and MSD staff or designated officials regarding a particular solicitation and/or its related processes outside of the communications as defined in the RFQ or RFP. This period terminates upon the following: a contract resulting from the solicitation is executed or all proposals responses to the solicitation are rejected. Consultant refers to the individual, partnership, joint venture, corporation, firm or other legal entity who performs the work under the terms of an executed MSD contract. Engineering Design Professional Services Page 4 of 21 rev 07/1/23 Contract refers to the agreement between MSD and Award recipient that obligates the Consultant (Contractor) to provide a scope of work, including but not limited to design professional services, GSA or construction management services and typically involves a promise of payment under mutually agreed upon terms. Good Faith Efforts (GFE) are actions taken to achieve pre and post contract goals or other requirements which, by their scope and intensity demonstrates the Consultant’s responsiveness towards reaching the goals. Minority Business Enterprise (MBE) is defined as a certified MBE business that is at least 51% owned, operated, and cont rolled by one or more minorities who are citizens of the United States. “Controlled” means that the minority owner(s) must exercise actual day-to-day management of the business operations. MSD or “District” refers to The Metropolitan St. Louis Sewer District. MSD Diversity Reporting (MDR) is the cloud based automated compliance and tracking software system that MSD’s Prime contractors are required to use for reporting on Subconsultant utilization, workforce utilization, payments, submission of certified payrolls and other requested documentation. MDR tracks progress of MBE/WBE goal attainment, payment verifications, concurrence of Subconsultant payments, records site visits, etc. Non-Compliance refers to the Consultant’s or Subconsultant’s failure to adhere to the requirements as stipulated in MSD’s contract. Prime Consultant refers to the individual, partnership, joint venture, corporation, firm or other legal entity that will perform an agreed upon scope of services while under contract with MSD. Proposer shall mean any respondent, individual, company, or entity responding to any solicitation types (i.e. Request for Qualifications (RFQ), Request for Proposals (RFP), or other solicitation as determined by MSD). issued by MSD or its duly-authorized agent and that is for professional services to be provided to the District. Public Works refers to a broad category of infrastructure projects, financed and constructed by government entities for recreational, employment, health, and safety uses in the greater community. Responsive means the requirements for acceptance of a proposal for further consideration have been met inclusive of all required documents, acknowledgements, and signatures were submitted on or before the date and time specified, at the location specified and in the way that was requested along with any other criteria outlined by the solicitation. Subconsultant refers to the individual, partnership, joint venture, corporation, firm or other legal entity to whom the Prime Consultant or another Subconsultant intends to contract with to perform a scope of work on an MSD project as a MBE, WBE or Non-MWBE. Women Business Enterprise (WBE) is defined as a certified WBE business that is at least 51% owned, operated, and controlled by one or more women who are citizens of the United States. “Controlled” means that the woman/women owner(s) must exercise actual day-to-day management and control of the business operations. Engineering Design Professional Services Page 5 of 21 rev 07/1/23 2. General Procedure Guidelines a. Commercially Useful Function (CUF) - The purpose of CUF r equirements is to ensure that Primes perform their due diligence to utilize MBE/WBE firms that are ready, willing and able to perform the specific work for which they are qualifie d , certified, and authorized to perform in accordance with the terms and conditions as set forth in the contract at the time of award. Certified MBE/WBE’s participating on an MSD contract, regardless of the procurement type, are required to perform a Commercially Useful Function in fulfillment of meeting goal requirements and are subject to all conditions of Diversity Program’s requirements for compliance and monitoring beginning at pre- award and throughout the duration of the contract. i. A certified MBE/WBE performs a C ommercially Useful Function when they possess the sole responsibility for execution of the full specified scope identified for the MBE/WBE at the time of the proposal , upon contract award and in performance of the contract. The MBE/WBE is responsible for but not limited to all levels of work performance, management, supervision of all aspects of the work specified , negotiating its own terms and conditions, negotiating its own pricing, determining quality, level of service, quantity, assignment of work, invoicing/billings, payment f or services , materials, supplies (equipment if applicable) and control of its own workforce . ii . Work performed by an MBE/WBE must be consistent with industry practices and any other relevant considerations which demonstrate 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 MBE/WBE goal requirements.) CUF requirements also exist to prevent, to the exten t possible, M BE /WBE’s from being utilized as a “pass -through” or “front” for a Prime consultant or another subconsultant. MBE/WBE ’s whose role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of MBE/WBE participation is not considered as performing a C ommercially U seful F unction. iii . MSD will evaluate whether the M BE /WBE presented to participate on the contract serves a CUF during pre -award, during performance of the contract/project and upon completion of the project. Each evaluation will follow industry best practices in determining i f the MBE/WBE is performing a CUF by evaluat ing all relevant factors including but not limited to cost , valid certification (s ) supporting the MBE/WBE ’s qualifications for t he work being performed, work performance history , experience, relevant qualification s for the work being performed, assess ment if the amount of work for goal participation credit is commensurate with the overall project requirements and in comparison to similar transactions of non -MBE/WBE ’s subconsultants or any other pertinent factors that would assist MSD to make a de termination . If in MSD’s judgment, the MBE/WBE (even if certified) does not meet the requirements of perform ing a CUF for the specified scope of work, the Prime’s credit towards the MBE/WBE ’s participation listed on MSD Form A of the contract and/or listed towards meeting the stated MBE/WBE goals during performance of the contract will not be counted. Engineering Design Professional Services Page 6 of 21 rev 07/1/23 iv . When a MBE/WBE subconsultant is presumed not to be performing a CUF , the Prime consultant or MBE/WBE subconsultant may pre sent documented evidence within 5 business days of non -CUF notification to refute this presumption. MSD Diversity will then initiate an investigation for re consideration based on the evidence presented and make a final determination . b. Cone of Silence - Refers to the period of time when there is a restriction on communications between the proposer, consultant, subconsultants, contractor, etc. and MSD staff or its designated officials regarding a particular solicitation and/or its related processes outside of the communications as defined in the RFQ or RFP. This period terminates upon the following: 1) a contract resulting from the solicitation is executed, or 2) all proposals in response to the solicitation are rejected. c. Good Faith Efforts (GFE) – GFEs are steps taken to achieve contract goals or other requirements which, by their scope, intensity and usefulness demonstrate the Proposer’s responsiveness and responsibility to fulfillment of any required goals prior to the submission of proposal or award of an Engineering Design Professional Services contract. Post award GFE’s demonstrates the Prime consultant’s responsibility to put forth measures to meet or exceed the contracted goals and any MBE/WBE commitments for participating on the contract for the duration of the contract. i. Good Faith Efforts shall be evaluated on a case -by-case basis to determine whether the Proposer has provided sufficient documented evidence to meet the MBE/WBE subconsultant goals to be in compliance with Diversity Program requirements for Engineering Design Professional Services contracts. The effort s employed by the C onsultant are those that one could reasonably expect a consultant to take if they were act ively and aggressively attempting to obtain M BE /WBE participation sufficient to meet the contract goals. Efforts taken that are mere formalities or perfunctory acts shall not be considered Good Faith Efforts to meet contrac t goals. Therefore, the factors l isted herein represent t he minimum actions that MSD will consider in determining whether the re was sufficient Good Faith Efforts performed to obtain enough M BE /WBE participation to meet the goals. ii . If the contract goals are not met and the pr oposer fails to submit Good Faith Efforts documentation as provided for in this guideline, proposer will be found non - responsive and waives all rights to any appeal for reconsideration. d. Joint Ventures (JV) – A n y Jo int V enture (JV)functioning as a single business entity that will participate as a Prime MBE or WBE must be certified by one of the acceptable certifying agencies identified in section A.4. herein. For JV subconsultant participation, JV’s consisting of a c e rt i fi e d MB E a nd / o r WB E and form ed as a si ngl e business entity with a non-certified business enterprise can receive MBE/WBE participation goal credit only for the certified scope of work serving a C ommercially U seful F unction and performed exclusively by the certified MBE/WBE . The percentage counting towards goals is based upon the dollar amount of the work performed by the MBE/WBE certified entity. Engineering Design Professional Services Page 7 of 21 rev 07/1/23 e. Mentor Protégé - MSD welcomes opportunities for mentoring of prospective M/WBE’s and may allow Mentor/Protégé agreements between certified M/WBE’s and non-certified business enterprises under the following provisions: 1. There must be a formal agreement in place between the parties which identifies the terms and conditions of the agreement. The agreement between the parties must be submitted with MSD Form A. 2. Mentor/Protégé agreements seeking M/WBE participation credit must clearly identify in detail the scopes and costs of the work to be performed by the certified M/WBE. 3. It is an acceptable practice that a Mentor provides coaching, oversight and guidance in performance of work to assist with progression of experience and qualifications. However, only scopes of work completed solely by the certified M/WBE which meet diversity program requirements for serving a Commercially Useful Function will count toward meeting goals. Therefore, scopes involving shared tasks with any non-certified firm will not be allowed to count towards meeting goal participation credit. f. Tier Levels of Participation - Certified MBE and WBE subconsultants may be used to obtain participation goal credit at any tier provided the proposer properly identifies the “tier” level of utilization for the subconsultant on the MSD Form A Utilization Form. It is the responsibility of the Prime consultant to ensure that any MBE or WBE presented to participate on the contract and listed on MSD Form A to meet goals is certified with an acceptable certification agency. Diversity verifies that MBE/WBE’s have active, valid, and appropriate certification codes for the work to be performed by the MBE/WBE at the time of proposal submission. New MBE/WBE subconsultants that have not previously worked on an MSD project or as a MBE/WBE subconsultant that will be performing a new category of work not previously performed by that MBE/WBE or under a newly-added NAICS/Segment Code for that entity are required to possess valid NAICS or Segment Codes for the proposed scope they have been identified to perform. Any non-certified Prime consultant or subconsultant at any tier level will not be counted towards meeting MBE or WBE goal participation. g. Consultant and Subconsultant Ownership Relationships - A Prime Consultant who has any common ownership interest or family relationship in another business entity (whether as a parent, subsidiary or otherwise) may not use that affiliated organization for purposes of meeting goal requirements in a subconsultant capacity on a MSD project. Any tiered Subconsultant who has any common ownership interest or family relationship in another business entity (whether as a parent, subsidiary or otherwise) may not use that affiliated organization for purposes of meeting goal requirements in a lower tiered subconsultant capacity on a MSD project. C. Pre-Contract Award 1. Proposal Submission Requirements i. Proposal Submission Requirements – As a prerequisite to award of a contract, all proposers must demonstrate full responsibility and responsiveness to Diversity Program requirements as specified herein. Therefore, Prime consultants are responsible for ensuring compliance with submission of all required documentation by the due date and time of proposal submission as required by MSD. To evaluate goal achievement and adherence to all Diversity Program requirements, listed below are the minimum requirements for information which must be provided at the time proposals are submitted in items 2-6: Engineering Design Professional Services Page 8 of 21 rev 07/1/23 Failure to provide or adhere to any of the minimum requirements for submission of documentation could render the proposer’s response as “non -responsive” and prevent the submitted proposal from receiving any further consideration of contract award. 2. Request for Qualifications (RFQ) Proposal Submission and Evaluation– Initial evaluation of Qualifications in response to RFQ’s requires that Proposer responds to evaluation criteria which addresses the approach and planned utilization of diverse participation on the proposed contract. This includes but is not limited to identification of any predetermined MBE/WBE’s scopes for participation, diverse workforce utilization, identification of outreach and good faith efforts to secure diverse participation, among other things. The evaluation of the Proposer’s response is a “Pass/Fail” which will determine if the Proposer receives the allocated credit assigned to the Diversity Criteria of the RFQ evaluation. Failure to include and address the approach and planned utilization of diverse participation is an automatic failure and the Proposer will not receive any points/credit. For Request for Qualifications (RFQ’s), a diversity multiplier of up to 20% can be applied to the final score consisting of the following: Certified MBE and WBE Prime consultants - 10%; ability of Prime to meet half of minority and women local office workforce goals – 5%; When Primes utilize a minimum of 25% sub-consultant participation, the local office workforce of subconsultants may be used to count towards obtaining the maximum 10% workforce multiplier that’s allowed. The total multiplier credit earned will be applied to the final score. 3. Request for Proposals (RFP’s) Submission and Evaluation – In the evaluation of proposals in response to RFP’s for Design Professional Services, MSD Form A-1 is required to be submitted. Failure to submit MSD Form A will result in the Proposer being deemed “Non-Responsive.” This form contains the names, proposed percentage of utilization and other pertinent information for MBE/WBE’s that the proposer plans to utilize in performance of the contract to meet MBE/WBE goal requirements. Participation listed on MSD Form A-1 shall be used to conduct preliminary initial evaluation of diversity goal attainment based on the percentages submitted. Subconsultants listed on MSD Form A- 1 shall become contractually binding commitments upon acceptance of contract award. A business that is certified as both MBE and WBE cannot count for participation in both categories, therefore the Prime must choose a subconsultant as either an MBE or WBE. If the business is submitted as both MBE and WBE and the proposer does not designate which certification status should be applied for the business, the Diversity Program shall credit participation in such a way that maximizes attainment of the participation goals without duplication. On all RFP’s, a diversity multiplier of up to 20% can be applied to the final score consisting of the following: Certified MBE and WBE Prime consultants - 10%; ability of Prime to meet half of minority and women local office workforce goals – 5%; When Primes utilize a minimum of 25% sub-consultant participation, the local office workforce of subconsultants may be used to count towards obtaining the maximum 10% workforce multiplier that’s allowed. The total multiplier credit earned will be applied to the final score. 4. Design Professional Services MSD Form B-Good Faith Efforts (Required only when goals are not attained on MSD Form A-1). When a Prime consultant fails to meet the established goals for the project, Pre-Award Good Faith Efforts (GFE) is required to be completed and submitted at the time proposals are due along with all required supporting documentation. If a Prime consultant submits Good Faith Effort documents as a backup measure to ensure compliance with the Diversity Program requirements and the Prime consultant successfully meets the required goals, the GFE documentation will not be reviewed or receive any consideration for meeting goal participation at a later time. Engineering Design Professional Services Page 9 of 21 rev 07/1/23 5. The District will request a fee proposal from selected consultants. The Consultant shall be required to submit proposals to include a re-statement of the definition of the project scope, technical and management approaches, project manager and staffing and Diversity Program MSD Form A-2. The fees are submitted either as a lump sum or cost-plus fixed fee basis as directed by the District along with contract negotiations to ensure the best and fairest rates and value are obtained by the District for the services required. MSD Form A-2 shall include a re-statement of the proposed percentages for all MBE’s and WBE’s that were originally submitted with the RFP (MSD Form A-1) response along with a cost based on the initial negotiated contract amount. 6. Design Professional Services MSD Form C-Subconsultant Utilization Form. This form contains the names and other pertinent information for all other proposed subconsultants (excluding MSD Form A Subconsultants) that the proposer plans to use in performance of the contract. 7. MSD Workforce Multiplier Worksheet. In an effort to promote workforce diversity on all Engineering Design Professional Service contracts, firms have the option to complete the Multiplier Calculation Worksheet form where a multiplier will be applied to the RFQ/RFP evaluation scoring process for purposes of giving credit for diverse minority and women workforce participation. 8. Evaluation Procedures for RFQ/RFP Proposals and MBE/WBE Goal Achievement a. RFQ – Review of RFQ proposal responses receives a “pass” or “fail” with regards to whether or not the Proposer sufficiently addressed their approach and utilization of diverse participation on the proposed contract. If the proposer sufficiently addressed criteria, the Proposer would pass and receive all available points allotted for the diversity evaluation criteria. If the Proposer fails to sufficiently address the criteria, the Proposer will not receive any points for that portion of the diversity evaluation criteria. Failure to attain points will not prevent a Proposer from moving forward in the evaluation process but could affect the outcome of the Proposer’s final score and/or ranking. b. RFP - Initial RFP proposal review process ensures that the Proposer has included all applicable information required to conduct an evaluation of Diversity Program requirements. To conduct the evaluation, Diversity will initially verify that the following items are present: • MSD Form A-1 completed in its entirety and submitted with Proposal. o MSD will validate MBE’s and WBE’s submitted to meet goal participation are appropriately certified by an acceptable certification agency. o MSD will validate MBE’s and WBE’s have appropriate NAICS or Segment Certification Codes for their proposed scope(s) of work. • MSD Form B (if applicable) and all applicable supporting documentation. • MSD Form C (if applicable). • Multiplier Worksheet calculations are verified for appropriate evaluation credit (if applicable). c. For evaluation purposes , MSD reserves the right to request written clarifications, request additional documentation, or to conduct interviews via meetings virtually or on-site at MBE/WBE’s place of business for any MBE/WBE firms listed on MSD Form A. Any information gathered is for purposes of verifying certification information, Commercially Useful Function, experience, and qualifications relative to participation on the contract. When clarifications are requested, this is not an opportunity to add new information or update a proposal response. Clarifications will only apply to information submitted in the original proposal response. Engineering Design Professional Services Page 10 of 21 rev 07/1/23 d. Any MBE/WBE participation submitted in response to MSD’s solicitation will be considered a component of the proposal, used in the evaluation process and shall become a contractual requirement of the final contract award that must be attained by the Prime consultant. e. MSD reserves the right to not give full credit for all proposed MBE/WBE participation presented to meet participation goals. Examples of participation adjustments may include but is not limited to the following: 1) Proposer’s failure to validate or provide evidence that the MBE/WBE will perform a “Commercially Useful Function” on the project; 2) Proposer’s failure to validate that the MBE/WBE is certified at the time of proposal; or 3) Proposer’s failure to validate that the MBE/WBE possesses valid certification codes to perform the scope(s) identified for the MBE/WBE on MSD Form A. After any adjustments, the final total amount for MBE/WBE participation will be calculated as a percentage of final total cost to determine if the goals were attained. Please note that reductions in the amounts listed on MSD Form A could result in a proposer’s falling short of attaining the goal rendering the Consultant as “non-responsive” if acceptable “Good Faith Efforts” as described herein are not successfully demonstrated. f. When a proposer does not meet MSD ’s stated MBE/WBE goals, MSD Form B and all documented proof of “Good Faith Efforts” to achieve the stated goals are required at the time of proposal submission . Below is a list of minimum requirements (a thru h) a proposer must satisfy in order to demonstrate they have exhausted all opportunities for MBE/WBE participation. The listed steps below are not intended to be an exhaustive effort that is restricted to only complete a checklist of items performed to meet good faith efforts. These steps are intended to secure participation of the targeted group(s) for purposes of utilizing that participation to fulfill goal requirements. MSD may take into consideration any and all other factors or types of efforts that may be relevant and appropriate for any case presen ted for evaluation. 9 . Professional Services Good Faith Efforts (Pre-Award) “Good Faith Efforts ” (GFE) are a component of the evaluation process to determine if the P roposer has provided sufficient evidence of efforts that were performed to reach the M BE /WBE subcontracting goals. To be considered responsive, P roposer s pass by providing sufficient documented evidence demonstrating that they have performed the minimum steps as outlined by the diversity guidelines in order to move forward in the evaluation process for consideration of an award. a. A minimum of two (2) advertisements meeting the following requirements: • Advertisements must be targeted within locally distributed media areas so as to reach MBE/WBE ’s who are certified by one of the acceptable certification agencies to MSD. • MSD requires verifiable, documented p roof for the two (2) d igital/printed advertisements: i.e., copies of the advertisement containing verification of publication and dates published or publication affidavits. • Advertisements must extend opportunities targeted to certified MBE/WBE’s by soliciting for specific services and/or scopes identified for MBE/WBE’s participation on the project that will serve a Commercially Useful Function on the contract. • MSD will accept digital electronic forms of advertising with documented proof of a valid Engineering Design Professional Services Page 11 of 21 rev 07/1/23 website, dates of advertisement, and validation of distribution to targeted MBE/WBE’s. b. Conduct at least two (2) acceptable methods of outreach listed under this category to reach potential MBE/WBE’s for specific work being sought on the project: • Conduct or attend at least two (2 ) targeted direct contact outreach events to MBE/WBE ’s through activities which generate direct contact with MBE/WBE ’s during networking opportunities, diverse business fairs, diversity conferences, direct meetings with MBE/WBE ’s, etc. Proof of meeting attendance is required. • Emailed outreach notification efforts must meet the following requirements: a. Consultant must provide email logs containing a copy of emailed correspondence sent, business/firm name, contact ’s name, phone, email address, date, time, and “read” receipt of the intended email recipient. Ema ils must be targeted to certified MBE/WBE ’s from the approved certifying agencies that MSD accepts. b. The emailed correspondence must contain project specific information and scopes that the Consultant is seeking MBE/WBE ’s to fulfill. c. The emailed correspondence must identify Consultant seeking to hire MBE/WBE ’s and the contact information. • Faxed or other electronic forms of outreach efforts must meet the following requirements: a. Fax logs provided must contain a copy of correspondence sent, business/firm and contact ’s name, phone, email address, date, time, and “read” receipt of the intended email recipient . Emails must be targeted to certified MBE/WBE ’s from the approved certifying agencies that MSD accepts. b. The faxed correspondence must contain project specific information and scopes that the Consultant is seeking MBE/WBE ’s to fulfill. c. The faxed correspo ndence must identify the Consultant seeking to hire MBE/WBE ’s and their contact information. • USPS outreach correspondence must meet the following requirements: a. Provide copies of the correspondence mailed via US Postal Service by certified mail with a sign ed return receipt requested as proof of delivery to the intended recipient containing the following information: Name, mailing address, phone, mail stamped date and time. Mailings must be targeted to certified MBE/WBE ’s from an approved certifying agency that MSD accepts. b. The mailed correspondence must contain project specific information and scopes that the Consultant is seeking MBE/WBE ’s to fulfill. c. The mailed correspondence must identify Consultant seeking to hire MBE/WBE ’s and the contact information . c. Proposer must provide documented proof of contact with a minimum of two (2) Professional, educational, advocacy or similar organizations with capabilities to assist with the identification Engineering Design Professional Services Page 12 of 21 rev 07/1/23 of potential certified MBE/WBE ’s for subcontracting opportunities. • Evidence of contact with each organization must be provided, e.g., a “Read” receipt provided for emailed correspondence; a signed “Certified Mail” receipt for US Postal. • Membership communications with industry organizations and associations will be allowed with documented proof of event attendance and registrations provided. However, contact must have been during the time frame that proposals were advertised and within one week (7 days) prior to proposal submiss ion due date. d. Proposer must advertise and host a Pre-Proposal meeting specifically for the particular MSD project for which Good Faith Efforts are being conducted at least 14 days prior to the proposal due date and time. • Meeting agenda and sign-in attendance lists containing the dates, times, names and contact information for MBE/WBE’s who were in attendance must be provided. Documented proof of attendance must also be provided for any virtual or online meeting platforms. • Agenda items must cover specific scopes of work being solicited from eligible certified businesses. • The method of advertisement for the Pre-Proposal meeting must be specifically identified and provided. Advertisement must include the name and number of the MSD project, date(s) and time of the meeting. Advertisement must also include a listing of available work being solicited from MBE/WBE’s. e. Proposer must contact an adequate number of certified MBE/WBE’s. • Verifiable proof of all notifications to MBE/WBE’s must be provided as confirmation of the proposer’s due diligence to secure qualified MBE/WBE participation. Notifications must be made in a timely manner at least 14 days prior to proposal submission due date and time. • A source listing identifying how many MBE/WBE’s were contacted for each of the specific scopes solicited must be provided. Proposer must provide in the listing all MBE/WBE’s contacted and include: name of MBE/WBE firm, MBE/WBE contact name, complete address, phone, email, date/time of contact, method of contact, copy of correspondence identifying the scope and size of relevant work being solicited from the MBE/WBE firm for which they are qualified to perform. • As a resource and to assist proposers with locating certified MBE/WBE’s, MSD’s S upplier Diversit y Website (www.msdprojectclear.org) provides direct links to the acceptable certifying agencies with databases which provide access to the direct contact information of certified MBE/WBE’s for purposes of making contact with MBE/WBE’s to solicit for quotes, proposals , etc. However, it is the responsibility of the Prime consultant to verify the MBE/WBE ’s have current certification status’ and are qualified to perform a C ommercially U seful F unction for their portion of the work on the project. f. Contracting in Good Faith with MBE/WBE’s • It is the proposer’s responsibility to specifically identify sufficient portions of the project that would result in attainment of the goals based on the project size. It is also the proposer’s Engineering Design Professional Services Page 13 of 21 rev 07/1/23 responsibility to select and actually make available to MBE/WBE’s portions of work consistent with performing a Commercially Useful Function on the project. • Proposer must document any meetings and/or negotiations conducted with MBE/WBE’s and provide dates, times, participants, etc. and include information pertaining to any follow-up contact made with the MBE/WBE’s, e.g., telephone calls, fax, email, etc. which demonstrates that the communication was done in a timely manner giving sufficient time to MBE/WBE’s to respond. • Verification documentation of the various methods of communication to conduct negotiations shall be provided to include copies of proposals, quotes, etc. and the Proposer’s reasons for rejection of the MBE/WBE’s submission. g. Justification Statement • All Proposers are required to provide a separate justification statement which accurately and adequately gives details as to why the Good Faith Efforts performed did not result in sufficient MBE/WBE participation to meet the required goals. Failure to provide the justification will result in the Proposer being deemed non-responsive for meeting GFE. h. Diversity’s GFE evaluation will determine if the Proposer met the minimum requirements to successfully pass “GFE” and if so, the Proposer’s submission will be deemed “responsive” to move forward in the evaluation process for consideration of contract award. Failure to meet the minimum requirements to pass GFE will result in the Proposer being deemed “non-responsive” and the Proposer will not move forward for consideration in award of a contract. D. Post-Award Compliance/Monitoring, and Reporting Upon award of a contract, the Prime consultant is required to meet the agreed upon level of MBE and/or WBE participation according to the contract. Upon issuance of Notice of Award (NOA), the Prime consultant will be notified of all required documentation or additional information to be submitted prior to issuance of a Notice To Proceed (NTP) and/or Purchase Order (PO). Failure to comply with submission requests can subject the C onsultant to rescinding of the notice of award or termination of the contract . a. Diversity Compliance Procedures: MSD Form A-2 contains the names and pertinent subconsultant information for all MBE’s and WBE’s scheduled to perform work on the project. A business that is certified as both MBE and WBE cannot count as participation in both categories and will be identified on the contract under the certification type in which they were initially counted on MSD Form A-2 during the proposal evaluation. b. Confirmation of Subconsultant Utilization: To confirm an MBE’s, WBE’s participation on the contract, MSD Consultant/Vendor Verification Form must be executed/signed by both the Prime and each MBE / WBE subconsultant scheduled to perform work on the contract in any capacity. The form identifies the Prime’s commitment to the MBE or WBE to meet goals and for capturing all other participation, voluntary and otherwise on the contract. The form contains the name, address, certification type, description of work for the subconsultant, and the dollar amount and percentage value of work to be performed on the contract. The MSD Vendor Verification Form serves as the Subconsultant’s acknowledgement and notice of their intent to perform initial and subsequent work on the contract and is considered to be a binding agreement made with the Prime. The Vendor Verification Form also serves as the Prime’s notice to MSD of its intent to utilize the subconsultant Engineering Design Professional Services Page 14 of 21 rev 07/1/23 and the agreed upon scope, initial amount and final utilization percentage based on the final contract amount. c. Commercially Useful Function (CUF): In order for participation of MBE’s and WBE’s to count towards meeting goal requirements, the certified firm must perform a Commercially Useful Function on the contract. CUF reviews will be performed as a component of compliance throughout the term of the contract and during the final evaluation and contract close out process. CUF office and site visits may be conducted at any time during performance of the contract. All participants, at any level on the contract, are required to cooperate with MSD Diversity staff and other authorized representatives of MSD conducting the CUF reviews, including but not limited to the following: • Office and/or site visits to review additional documents associated with the contract. Conduct examination of third-party arrangements on the contract or conduct onsite interviews of employees without interruption to the work in progress and record such interactions into the MDR reporting system. • Request routine documentation to verify participation of MBE’s and WBE’s. Such documentation may include, but is not limited to, invoices, proof of payments to MBE’s, WBE’s and/or third parties, etc. d. Prompt Payment: MSD is subject to compliance with Section 34.057 RSMo, Missouri’s Public Prompt Payment Act. As such, as work progresses, and in accordance with Section 34.057 RSMo, MSD remits payment due to consultants within thirty calendar days. Consultants are also subject to the requirements of Section 34.057 RSMo. The Prime consultant must pay its subconsultants, service providers and suppliers within 15 calendar days of receipt of payment from MSD in accordance with the Prompt Payment Act. e. Diversity Monitoring and Reporting: Throughout the contract, monthly and/or quarterly online utilization reports are required to be submitted to MSD using the online MSD Diversity Reporting System (MDR). It is mandatory that the Prime consultant utilize MSD ’s Diversity R eporting System (MDR) located at the following website link: www.msddiversityreporting.com to report on all levels of subconsultants regardless of certification status. T he Prime consultant w ill be notified of the reporting requirements at the o n set of the contract. MSD Diversity shall veri fy monthly that the Prime consultant has reported on MBE, WBE and/or Non -M/WBE s ubconsultant vendor involvement participation no later than the next month in which payment was made until the final i nvoice is submitted for p ayment to close out the project. On months where there is no subconsultant activity, the Prime consultant must submit a report indicating that no work was performed for that month or period. For contracts exceeding $500,000 initially or which exceed $500,000 through amendments/change orders at any point in the contract, quarterly workforce utilization will be required through the end of the contract. Failure to submit the monthly subconsultant involvement reports or the quarterly workforce reports in a timely manner may result in a finding of non -compliance and subject the Prime consultant to immediate withholding of project payments as a sanction . Trends of non -compliance and/or consistent non-compliance can affect consultant’s pre-qualification status with MSD including Prime consultant ’s ability to do future work with MSD up to and including complete prohibition from performing work on MSD projects for a time period to be decided solely by MSD. f. Diversity Payment Audits and Payment Disputes: All payments to subconsultants, service providers and suppliers are required to be submitted into MSD Diversity Reporting (MDR) Software System and are verified electronically by the payment recipient within five (5) days of submission of payment Engineering Design Professional Services Page 15 of 21 rev 07/1/23 into the MDR System. The Prime consultant must update MDR with payment information regarding amount and date of payments to all subconsultants, service providers, and suppliers no later than one month (30 days) after payment is made. Failure to submit payment information constitutes non- compliance with the Diversity Program requirements. Upon request, invoices and canceled checks or other verifiable documented proof for the reported payment must be submitted into the MDR system. Late or non-payments to subconsultants for valid billable work performed may be considered a material breach of contract and constitutes non-compliance with the Diversity Program requirements. Once non-compliance has occurred, subsequent payments can and will be withheld until the issue of non-compliance has been resolved. Payment disputes occur when a consultant reports a dispute directly to MSD or when a subconsultant disputes a reported payment made into MDR. When this occurs, an investigation is opened to resolve the dispute. For disputes made directly to MSD, the consultant will be contacted directly and requested to submit a written response with appropriate documentation so that an investigation can be conducted to resolve the dispute. When a dispute occurs in MDR, the system will send an automated email to MSD Diversity Division to begin an investigation to resolve the dispute. g. Subconsultant substitutions are only allowed with prior written consent from MSD via amendment or a written change directive issued on behalf of MSD by an authorized party. Proper written notification and documentation of the reason for the substitution must be provided to MSD by the Prime. Modifications to contracted MBE/WBE utilization on an MSD project will only be considered and approved by MSD for the following reasons: 1. The MBE/WBE subconsultant is dilatory in complying with the requirements of the contracted services/work identified in the contract. 2. The MBE/WBE becomes bankrupt or insolvent, or circumstances otherwise arise related to the failure of the business resulting in an inability to meet the requirements of the contract. 3. The MBE/WBE fails to perform work in a way consistent with acceptable industry standards and practices. 4. MSD determines that the MBE/WBE is not a responsible subconsultant or is no longer eligible to receive credit for participation as an MBE/WBE on the contract. 5. Work is eliminated which changes or affects the scope identified for an MBE/WBE by MSD via an Amendment to the contract or by a Work Order Change Directive on behalf of MSD. MSD requires that the Prime consultant promptly report to MSD, in writing, any proposed changes in the utilization of MBE/WBE subconsultant participation and include the appropriate written justification documentation, signed by both the Prime and subconsultant affected. Prime consultants cannot terminate participation for an MBE/WBE authorized to perform work on the contract without prior written consent from MSD. Written consent via Amendment is granted only if the Prime consultant has demonstrated good cause to terminate the MBE/WBE’s participation. Good cause does not exist if the prime consultant: 1) seeks to terminate a MBE/WBE it relied upon to obtain the contract in order to self-perform work allocated to an MBE/WBE subconsultant that was accepted by MSD to perform on the contract; or 2) to allow replacement of the MBE/WBE with another, preferred consultant. Good cause does not exist if the failure or refusal of the MBE/WBE subconsultant to perform its work resulted from actions on the part of the Prime consultant which constitute bad faith or discriminatory actions exhibited towards the MBE/WBE. When a MBE/WBE is terminated or fails to complete its scope of work on the contract for any reason, MSD requires the Prime consultant to provide replacement of the participation for at least an Engineering Design Professional Services Page 16 of 21 rev 07/1/23 equivalent amount of work and/or perform Good Faith Efforts to demonstrate intentions to find another equivalent MBE/WBE capable of performing at least the same amount of work on the contract that could not be performed by the intended MBE/WBE. h. Workforce Compliance and Reporting: Prime Consulting firms who fall under requirements for meeting workforce goals must first demonstrate their ability to meet the local office goal requirements of 31% Minority and 37% Women. The first workforce report is due to be submitted within 30 days after issuance of Notice Of Award (NOA) and prior to the Notice To Proceed (NTP) being issued. Thereafter, quarterly reports are due to demonstrate compliance with Diversity Program’s goal requirements. Prime consultant s m ust utilize MSD ’s Diversity R eporting System (MDR) located at the following website link: www.msddiversityreporting.com to report on workforce. After the initial report is made into MDR, q uarterly workforce utilization reports are due by the 10th day following the end of the previous quarter (using quarters based on an annual twelve -month calendar period) as follows: • January 1st – March 30th ends quarter (report due April 10th) • April 1st – June 30th ends quarter (report due July 10th) • July 1st – September 30th ends quarter (report due October 10th) • October 1st – December 31st ends quarter (report due January 10th) In instances that there is no local office, workforce goals will be measured by the number of individuals specifically working on the MSD contract. This information must be identified at the onset of the contract with the first workforce report. When a Prime fall short of meeting the workforce goals, workforce GFE will be required. Workforce Good Faith Efforts (GFE) a. Prime will be required to submit a Workforce Plan for review and approval by MSD Diversity regarding efforts to be taken during the remainder of the contract or next annual contract period to increase and diversify the workforce make-up of the local office or on the project as applicable. These efforts should consist of but are not be limited to the following: 1. Submission of firm’s Equal Employment Opportunity (EEO) policy statement in all policy manuals, and publication of the policy on company’s website and newsletters, annual reports, etc. 2. Provide proof of activities performed to develop and/or implement targeted recruitment, outreach, and marketing strategies through collaboration with: • Local Colleges, Universities, etc. • Stem and Mentoring Programs • Minority and Women Internship Programs • Business and Local Community Programs • Advocacy Group participation (ASCE, NSBE, etc.) • Underutilized Subconsultant Programming 3. Implementation of training needs assessment aimed at promoting diversity and inclusion, internal promotions, and retention programming. Engineering Design Professional Services Page 17 of 21 rev 07/1/23 4. Providing resources and efforts to enable the firm’s continuation of achieving diverse participation through: • Management commitment • Financial support • Recruitment b. For multiple year contracts, workforce plans are required to be updated and submitted annually by July 1st with documentation which provides proposed plans and updates. B. Post Award Good Faith Efforts (GFE) and Non-Compliance 1. Post Award GFE’s are performed to demonstrate the Prime consultant’s efforts that are taken to meet or exceed their contractual goals and/or MBE/WBE commitments. At any time during performance of the contract when a Prime consultant is notified of its failure to comply with the requirements of the Diversity Program, the Prime firm must furnish to the District, in writing, the reasons for non-compliance. With a notice of non-compliance, in addition to the written statement, a corrective action plan must be provided within five (5) business days. The plan must identify to MSD the steps to be taken to resolve the non-compliance and when the plan will be initiated as a means to cure the non-compliance. Thereafter, the Prime consultant will be required to document all evidence of GFE’s taken to comply with the corrective action plan and submit the documentation on at least a monthly basis until the non-compliance is resolved. All GFE documentation submissions will undergo evaluation for acceptance by the Diversity Division. The Prime consultant will be notified of acceptance. If, in the sole judgment of the District, there have not been sufficient Good Faith Efforts taken on the part of the Prime consultant to meet the contractual obligations or if the Prime consultant fails to provide a corrective action plan in a timely manner and/or fails to initiate the corrective action in a timely manner, MSD in its sole judgement may institute appropriate actions for dealing with non - compliance and subject the Prime consultant to immediate withholding of project payments and/or implement sanctions on doing future work with MSD up to and including a complete prohibition from performing work on MSD projects for a time period to be determined solely by MSD. 2. Post Award Non-Compliance: The following are examples, but not limited to, non-compliance events which may lead to sanctions: (a) Failure to perform compliance reporting activities for subconsultant and/or workforce utilization. (b) Failure to respond or provide requested information or documentation to MSD Diversity in a timely manner (5 business days). (c) Failure to resolve issues involving MBE/WBEs participating on the contract. (d) Failure to perform post award GFE when required by the contract. (e) Submission of false or fraudulent documentation or information. The submission of fraudulent information to MSD is considered to be a material breach of contract and strictly prohibited. Sanctions for non-compliance with the Diversity Program requirements are assessed based upon the shortfall of the MBE/WBE’s participation up to a maximum amount equal to the monetary value or percentage of the participation set by the contractual requirements. The shortfall amount equal to the calculated amounts will be withheld from the final amount owed to the Prime to Engineering Design Professional Services Page 18 of 21 rev 07/1/23 cover the identified shortfall. An MBE/WBE who participates in fraudulent activities resulting in shortfalls will not be due any funds resulting from the material breach of contract and may be sanctioned on doing future work with MSD up to and including a complete prohibition from performing work on MSD projects for a time period to be determined solely by MSD. Any funds resulting from or relating to non-compliance and/or fraudulent activities shall be set aside in a separate account within the Business Enterprise Budgeting System to be used by the Business Diversity Program for the purpose of providing business development, workforce development and enhanced services that assist with the economic empowerment of MBE’s and WBE’s. D. Contract Close-Out and Final Diversity Review MSD Business Diversity Programs ensures that all contracts containing MBE/WBE goal participation or commitments of race-neutral participation are monitored to confirm that program participants are conforming to the requirements as set forth in the contract. It is the responsibility of MSD Diversity to: 1) validate that the work committed to MBE/WBE’s is performed by the intended MBE/WBE; 2) conduct and document monitoring activities to ensure adherence to Diversity Program requirements; 3) produce and provide written certifications of all monitoring activities to validate all efforts taken; and 4) provide full transparency of all Diversity Program activities. To close out any project with Diversity Program requirements, a final review of the contract must be performed by the Diversity Division to determine if the Prime consultant has complied with Diversity Program requirements. If the Prime consultant does not achieve the full amount of participation required per the contract and was not able to provide sufficient post-award Good Faith Efforts documentation justifying its shortfall, the amount of any shortfall may be deducted from the remaining contract balance owed on the final invoice in an amount equal to the value of the goal that was not attained. To substantiate the final evaluation review, the record of Diversity’s evaluation will become part of the contract record to certify that the Prime consultant was either compliant or non-compliant with the terms of the contract with MSD. Engineering Design Professional Services Page 19 of 21 rev 07/1/23 ATTACHMENT A ENGINEERING DESIGN PROFESSIONAL SERVICES DIVERSITY MULTIPLIER CALCULATION SHEET A. Prime Consultant Credit: Prime Consultants who are certified MBE or WBE can receive up to a ten percent (10%) evaluation multiplier credit. If a Prime is certified as both Minority and Women only one category will be allowed for the 10% credit, not both. ENTER MULTIPLIER CREDIT AMOUNT Prime Diversity Credit (All certified* MBE/WBE receive 10% Credit) Is prime firm a certified MBE or WBE? If yes, enter .10 ________ PLEASE RECORD THE ABOVE VALUE ON LINE “1” UNDER FINAL MULTIPLIER TABULATION B. Prime Workforce Credit: Prime consultants can receive up to five percent (5%) evaluation multiplier credits for meeting or exceeding workforce thresholds that support and enhance interim workforce participation goals. For this calculation, please only include full-time personnel working in the local office* of the MSD service area. Full time personnel shall have worked for the company for no less than 90 days and averaged 30+ hours of work per week to be considered full time. PRIME WORKFORCE MULTIPLIER CREDITS: a. Total Local Office Workforce: _____ b. Women in Local Office Workforce: _____ c. Minorities in Local Office Workforce: _____ d. “b” divided by “a” (drop all decimals/fractions) _____% e. “c” divided by “a” (drop all decimals/fractions): _____% f. If “d” is 37% or greater, ENTER 0.0125 ON LINES 2 OF LAST SHEET g. If “d” is 18% or greater, ENTER 0.0125 ON LINE 3 OF LAST SHEET h. If “e” is 31% or greater, ENTER 0.0125 ON LINES 4 OF LAST SHEET i. If “e” is 15% or greater, ENTER 0.0125 ON LINE 5 OF LAST SHEET PLEASE ENTER APPROPRIATE VALUES UNDER FINAL MULTIPLIER TABULATION Engineering Design Professional Services Page 20 of 21 rev 07/1/23 C. Sub-Consultant’s Workforce Credit: Complete only if a minimum of 25% of work is sub- contracted to receive up to five percent (5%) evaluation multiplier credits. For this calculation, all subconsultants workforce must be included regardless of certification status. Please only include full-time personnel working in the local office* of the MSD service area. Full time personnel shall have worked for the company for no less than 90 days and averaged 30+ hours of work per week to be considered full time. Certified** Authorized Signature of Name of Sub-Consultant Firm MBE/WBE Sub-Consultant 1. _________________________________ _________ ________________________________ 2._________________________________ _________ ________________________________ 3. _________________________________ _________ ________________________________ 4. _________________________________ _________ ________________________________ 5._________________________________ _________ ________________________________ 6. _________________________________ _________ ________________________________ 7. _________________________________ _________ ________________________________ 8. _________________________________ _________ ________________________________ SUBCONSULTANT WORKFORCE MULTIPLIER CREDITS: a. Total Local Office Workforce: _____ b. Women in Local Office Workforce: _____ c. Minorities in Local Office Workforce: _____ d. “b” divided by “a” (drop all decimals/fractions) _____% e. “c” divided by “a” (drop all decimals/fractions): _____% f. If “d” is 37% or greater, ENTER 0.0125 ON LINES 6 OF LAST SHEET g. If “d” is 18% or greater, ENTER 0.0125 ON LINE 7 OF LAST SHEET h. If “e” is 31% or greater, ENTER 0.0125 ON LINES 8 OF LAST SHEET i. If “e” is 15% or greater, ENTER 0.0125 ON LINE 9 OF LAST SHEET PLEASE ENTER APPROPRIATE VALUES UNDER FINAL MULTIPLIER TABULATION Engineering Design Professional Services Page 21 of 21 rev 07/1/23 FINAL MULTIPLIER TABULATION ENTER MULTIPLIER CREDIT AMOUNTS 1. PRIME CONTRACTOR VENDOR MULTIPLIER 1. ______ 2. PRIME WOMAN WORKFORCE 37% OR GREATER 2. ______ 3. PRIME WOMAN WORKFORCE 18% OR GREATER 3. ______ 4. PRIME MINORITY WORKFORCE 31% 0R GREATER 4. ______ 5. PRIME MINORITY WORKFORCE 15% OR GREATER 5. ______ 6. SUBS WOMAN WORKFORCE 37% OR GREATER 6. ______ 7. SUBS WOMAN WORKFORCE 18% OR GREATER 7. ______ 8. SUBS MINORITY WORKFORCE 31% 0R GREATER 8. ______ 9. SUBS MINORITY WORKFORCE 15% OR GREATER 9. ______ ADD LINES 1-9 AND ENTER TOTAL ON LINE 10 10. FINAL MULTIPLIER CREDITS TOTAL: 10. ______ The undersigned certifies on behalf of the entity submitting this Report that the above information is true and accurate as of the date set forth below: __________________________________ ________________________________ Prime Consultant Name Date __________________________________ ________________________________ Authorized Representative Name Representative Title __________________________________ Authorized Representative Signature * Local Office shall mean the Prime’s or Subconsultant’s office location which is located within the MSD service area or if there is no local office, shall mean the members of the Project Team identified as working on the contract. ** Certified shall only apply to those firms certified with one of the approved certification agencies acceptable to MSD.