Issuu

National Small Business Week May 1-7, 2022

Business Diversity Development is Hosting a Virtual Industry Day

May 4, 2022 | 9 a.m.- 4:30 p.m.

Table of Contents Session I:

Doing Business With the City of St. Louis

Session II:

Shop Talk: An Update on St. Louis Development Corporation

Session III:

A) Doing Business with Missouri Department of Transportation (MoDOT) B) Learn How to Avoid Becoming a Department of Labor (DOL) Headline:

Services the Wage & Hour Provide to Both Employers and Employees Session IV:

A) Become a Vendor with St. Louis County Get an Update on the M/WBE Program B) Metropolitan Sewer District (MSD) Diversity Program Update

Session V:

Upcoming Opportunities in Transit Throughout the State of Missouri (OEO)

Session VI:

Roundtable with the Industry, Trade Organizations and Small Business Advocacy Groups

Shop Talk: An Update on St. Louis Development Corporation

Join The Compliance Team For

Contractor

Conversations About The MBE/WBE Program

Join The Conversation

wednesday, june 1, 2022 - 5:00 pm Construction & Professional Service Contractors

Join Zoom Meeting Meeting ID: 861 9449 3918 Passcode: 391185 Dial In Numbers: +1 312 626 6799 US (Chicago) +1 301 715 8592 US (Washington DC)

For more information contact:

Marla Roach-Curry 314-657-3746

OUR SERVICES:

Workforce Management

Dashboards/Reports

Certified Payrolls/Timesheets

realtime monitoring of your workforce boots on the ground

track your workforce and contractors by trade and diversity with realtime reports

realtime and automate worker timesheets visibility on contractors payrolls

04 Access Controls

control access to your job site by our free flowing access control or turnstile solutions

05 Surveys

perform on site interview surveys and site surveys

06 Safety Violations

record any safety violations that occur on the job site

Visit Us At:

2731 South Jefferson St. Louis, MO 63118

Contact Person:

info@theheadcount.net Toll Free: 1 (800) 405-7024

The Headcount

Lets Create Something That Lasts ABOUT US St. Louis, Missouri is home to The Headcount, Inc. the allin-one Workforce Management, Labor Compliance and Perimeter Control platform provider. Our initiative is simple - The Headcount seeks to provide a platform to enable developers, contractors and municipal agencies to monitor in real-time labor compliance objectives and workforce diversity while simultaneously providing a secure job site.

INFORMATION SESSION DATES Wed, April 27th @ 10 am

Zoom ID: 841 2323 6988

Password: 718370

Wed, May 25th @ 10 am

Zoom ID: 863 4012 2238

Password: 849548

Wed, June 29th @ 10 am

Zoom ID: 823 4675 2795 Password: 859025

One Platform with a 365 degrees view of your workforce 24/7.

Website: www.theheadcount.net

Doing Business with Missouri Department of Transportation (MoDOT)

Missouri Department of Transportation Disadvantaged Business Enterprise (DBE) Program External Civil Rights St. Louis Lambert Airport DBE Virtual Industry Day May 4, 2022 11:00 to 11:30 a.m.

Overview  DBE Certification Application  Missouri Regional Certification Committee (MRCC) Partners  North American Industry Classification System (NAICS) Expansion Form  DBE Supportive Services  Mentor-Protégé Program  Bidding Resources  Local Public Agency (LPA) Projects  Design-Build Projects  Becoming a MoDOT Vendor  Upcoming Projects

Eligibility for DBE Certification  For-profit business  Must be at least 51% owned and controlled by a socially and economically disadvantaged individual(s)  Personal net worth of less than $1.32 million  The owner must be a U.S. citizen or permanent resident  $26.29 million in gross annual receipts

5/9/2022

How to Apply for DBE Certification with MoDOT  Complete the Uniform Certification Application and Personal Net Worth form (PNW) found at: https://www.modot.org/dbe-program  Submit a notarized application and all requested documents listed at the end of the application to our secure dropbox site at: https://app.box.com/f/cdad1d15a8c24e2d85d806815c669944  It is a 90-day process from receipt of all necessary documents and 60 days for an interstate process  An On-Site Visit is Required 5/9/2022

Missouri Regional Certification Committee (MRCC)  Missouri Department of Transportation  City of Kansas City, Missouri  Kansas City Area Transportation Authority  Mid-America Regional Council  East-West Gateway Council of Governments  St. Louis Lambert Airport Authority  Bi-State Development https://www.modot.org/mrcc-directory

5/9/2022

NAICS Code Expansion  Once a DBE firm is certified, the firm can in can expand its NAICS Codes, complete the form at: https://www.modot.org/sites/default/files/documents/external_civil_rig hts/forms/naicscodereviewform.pdf  Submit the completed form and requested documentation of equipment along with the 5 largest contracts and quotes completed under the requested NAICS code(s)  The most commonly used scopes of work for DBE participation include hauling, landscaping, traffic control, pavement marking, liquid asphalt hauling, concrete, steel, pipe supply, excavation, signage, electrical supply, guardrail and fencing 5/9/2022

What is DBE Supportive Services? MoDOT's supportive services program is designed to assist DBE firms in the development of capability and capacity and to be better positioned to successfully bid on MoDOT project.

5/9/2022

What does DBE Supportive Services Offer? Entrepreneurship Training Program The Entrepreneurship Training Program is based on Kauffman FastTrac® Entrepreneurship Program for GrowthVenture®, the program encourages success by providing direction for growth, capacity expansion, and diversification. Over the course of 10-classes, you will learn how to learn how to:        

Avoid cash flow problems and fund your firm’s growth Make critical decisions about business vision and strategy Investigate and analyze next-stage growth and opportunities Improve operational efficiency within your organization Determine if you have the right people in place for the future Develop a business strategy to move forward at your pace Create, build, and hold a strong, competitive market position Lead with clarity while building a sustainable management 5/9/2022

What does DBE Supportive Services Offer?  Business Coaching Program in:          

5/9/2022

Accounting Bidding Bonding Business Law Business Software Estimating Financial HR Marketing Project Management

What does DBE Supportive Services Offer?  DBE Seminars and Outreach 

MoDOT regularly hosts seminars and networking opportunities for DBE firms certified in Missouri.

5/9/2022

Supportive Services Contacts Bellewether, Ltd. PO Box 287, Lee's Summit, MO 64063 Phone: (816) 554-9400 Email: saunders@bellewether.com Philips & Associates, Inc. 930 Kehrs Mills Road, Suite 325-17, Ballwin, MO 63011 Phone: (314) 497-6746 Email: gphilips@philipsgroup.com 5/9/2022

MoDOT DBE Mentor Protégé Overview  Provides advice, assistance and training for DBE firms.  DBEs must be MRCC Certified  Guidelines, Interest Forms, Applications, and Sample Development Plan located on MoDOT’s Website Mentor-Protégé Program | Missouri Department of Transportation (modot.org)

5/9/2022

Bidding Resources Construction firms can find bidding resources at the following link:  https://www.modot.org/bidding At this site, firms can find bidding opportunities for road and bridge construction, Local Projects (LPA) administered by cities and counties, our online plans room, design-build information, electronic bidding services, contractor and subcontractor prequalification checklist, electronic bidding services, training opportunities and the MRCC directory. Consultants can find RFQ opportunities here:  MoDOT Solicitations (RFQ) | Missouri Department of Transportation  LPA Solicitations | Missouri Department of Transportation (modot.org) 5/9/2022

Additional Bidding Resources Doing Business with MoDOT Guide:  https://www.modot.org/sites/default/files/documents/Doing%2 0Business%20with%20MoDOT.pdf Website Reports  Each letting has corresponding website reports  These can be found on the MoDOT Website with Bidding Information for each letting at: https://www.modot.org/bidding-and-letting-information

5/9/2022

MoDOT Plans Room On MoDOT's online plans room page, firms will find: MoDOT Plans Room  bid opening dates  asphalt price index  fuel index  federal provisions  wage rates  Plan Holder List  descriptions of each project in the upcoming letting consultant and professional services project information  https://www.modot.org/solicitation-rfq-opportunities 5/9/2022

MoDOT Letting Schedule 2022 Calendar

5/9/2022

Local Public Agency (LPA) Program In the LPA Program, federal funds "pass through" MoDOT to cities and counties through a competitive process and provides oversite for these projects to ensure they meet all federal requirements. Upcoming opportunities for LPA projects can be found on MoDOT's website.  https://www.modot.org/projects-be-let-others

5/9/2022

Design-Build Projects  Design-Build is a method that includes hiring one contracting team to complete the design work and build the highway improvement under one contract. MoDOT provides the project goals, budget and schedule and the contracted team completes the work. https://www.modot.org/design-build-information

5/9/2022

Become a MoDOT Vendor  Perform Subcontracting Work | Missouri Department of Transportation (modot.org)  Subconsultant Requirements | Missouri Department of Transportation (modot.org)

5/9/2022

Upcoming Consultant & Construction Projects - St. Louis District (Preliminary Letting Schedule from May to June 2022)  Handouts for Consultants (Design)  Handouts for Construction STIP MoDOT’s St Louis District

5/9/2022

I-270 & Riverview Drive Interchange Project I-270 and Riverview Drive Interchange Project | Missouri Department of Transportation (modot.org)

5/9/2022

ECR Staff by District on Website Contact the External Civil Rights Division | Missouri Department of Transportation (modot.org)

5/9/2022

Questions?

5/9/2022

Contact Information Zainab Jasim - Civil Rights Specialist (573) 751-2806 Zainab.jasim@modot.mo.gov April Hendricks-Brown - Civil Rights Specialist (314) 453-1827 April.hendricks-brown@modot.mo.gov

5/9/2022

Learn How to Avoid Becoming a Department of Labor (DOL) Headline: Services the Wage & Hour Provide to Both Employers and Employees

U.S. Department of Labor Wage and Hour Division (April 2009)

Fact Sheet #66: The Davis-Bacon and Related Acts (DBRA) This fact sheet provides general information concerning DBRA. Coverage DBRA requires payment of prevailing wages on federally funded or assisted construction projects. The Davis-Bacon Act applies to each federal government or District of Columbia contract in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Many federal laws that authorize federal assistance for construction through grants, loans, loan guarantees, and insurance are Davis-Bacon “related Acts.” The “related Acts” include provisions that require Davis-Bacon labor standards apply to most federally assisted construction. Examples of “related Acts” include the FederalAid Highway Acts, the Housing and Community Development Act of 1974, and the Federal Water Pollution Control Act. Basic Provisions/Requirements Contractors and subcontractors must pay laborers and mechanics employed directly upon the site of the work at least the locally prevailing wages (including fringe benefits), listed in the Davis-Bacon wage determination in the contract, for the work performed. Davis-Bacon labor standards clauses must be included in covered contracts. The Davis-Bacon "prevailing wage" is the combination of the basic hourly rate and any fringe benefits listed in a Davis-Bacon wage determination. The contractor’s obligation to pay at least the prevailing wage listed in the contract wage determination can be met by paying each laborer and mechanic the applicable prevailing wage entirely as cash wages or by a combination of cash wages and employer-provided bona fide fringe benefits. Prevailing wages, including fringe benefits, must be paid on all hours worked on the site of the work. Apprentices or trainees may be employed at less than the rates listed in the contract wage determination only when they are in an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department. Contractors and subcontractors are required to pay covered workers weekly and submit weekly certified payroll records to the contracting agency. They are also required to post the applicable Davis-Bacon wage determination with the Davis-Bacon poster (WH-1321) on the job site in a prominent and accessible place where they can be easily seen by the workers. Davis-Bacon Wage Determinations Davis-Bacon wage determinations are published on the Wage Determinations On Line website at https:// beta.SAM.gov for contracting agencies to incorporate them into covered contracts. The “prevailing wages” are determined based on wages paid to various classes of laborers and mechanics employed on specific types of construction projects in an area. Guidance on determining the type of construction is provided in All Agency Memoranda Nos. 130 and 131. FS 66

Penalties/Sanctions and Appeals Contract payments may be withheld in sufficient amounts to satisfy liabilities for underpayment of wages and for liquidated damages for overtime violations under the Contract Work Hours and Safety Standards Act (CWHSSA). In addition, violations of the Davis-Bacon contract clauses may be grounds for contract termination, contractor liability for any resulting costs to the government and debarment from future contracts for a period up to three years. Contractors and subcontractors may challenge determinations of violations and debarment before an Administrative Law Judge (ALJ). Interested parties may appeal ALJ decisions to the Department’s Administrative Review Board. Final Board determinations on violations and debarment may be appealed to and are enforceable through the federal courts. Typical Problems (1) Misclassification of laborers and mechanics. (2) Failure to pay full prevailing wage, including fringe benefits, for all hours worked (including overtime hours). (3) Inadequate recordkeeping, such as not counting all hours worked or not recording hours worked by an individual in two or more classifications during a day. (4) Failure of to maintain a copy of bona fide apprenticeship program and individual registration documents for apprentices. (5) Failure to submit certified payrolls weekly. (6) Failure to post the Davis-Bacon poster and applicable wage determination. Relation to State, Local, and Other Federal Laws The Copeland "Anti-Kickback" Act prohibits contractors from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract of employment, and requires contractors to submit a weekly statement of the wages paid to each employee performing DBRA covered work. Contractors on projects subject to DBRA labor standards may also be subject to additional prevailing wage and overtime pay requirements under State (and local) laws. Also, overtime work pay requirements under CWHSSA) and the Fair Labor Standards Act may apply. Under Reorganization Plan No. 14 of 1950, (5 U.S.C.A. Appendix), the federal contracting or assistanceadministering agencies have day-to-day responsibility for administration and enforcement of the Davis-Bacon labor standards provisions and, in order to promote consistent and effective enforcement, the Department of Labor has regulatory and oversight authority, including the authority to investigate compliance. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

U.S. Department of Labor Wage and Hour Division Important information regarding recent overtime litigation in the U.S. District Court of Eastern District of Texas.

(Revised July 2008)

Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, computer and outside sales employees, and for more information on the salary basis requirement. Executive Exemption To qualify for the executive employee exemption, all of the following tests must be met: • • • •

The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week; The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

Administrative Exemptions To qualify for the administrative employee exemption, all of the following tests must be met: • • •

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week; The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

FS 17A

Professional Exemption To qualify for the learned professional employee exemption, all of the following tests must be met: • • • •

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week; The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; The advanced knowledge must be in a field of science or learning; and The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

To qualify for the creative professional employee exemption, all of the following tests must be met: • •

Computer Employee Exemption To qualify for the computer employee exemption, the following tests must be met: • • •

The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour; The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; The employee’s primary duty must consist of: 1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; 2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; 3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or 4) A combination of the aforementioned duties, the performance of which requires the same level of skills.

Outside Sales Exemption To qualify for the outside sales employee exemption, all of the following tests must be met: • •

The employee’s primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and The employee must be customarily and regularly engaged away from the employer’s place or places of business.

Highly Compensated Employees Highly compensated employees performing office or non-manual work and paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from the

FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. Blue Collar Workers The exemptions provided by FLSA Section 13(a)(1) apply only to “white collar” employees who meet the salary and duties tests set forth in the Part 541 regulations. The exemptions do not apply to manual laborers or other “blue collar” workers who perform work involving repetitive operations with their hands, physical skill and energy. FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage and overtime premium pay under the FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be. Police, Fire Fighters, Paramedics & Other First Responders The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work. Other Laws & Collective Bargaining Agreements The FLSA provides minimum standards that may be exceeded, but cannot be waived or reduced. Employers must comply, for example, with any Federal, State or municipal laws, regulations or ordinances establishing a higher minimum wage or lower maximum workweek than those established under the FLSA. Similarly, employers may, on their own initiative or under a collective bargaining agreement, provide a higher wage, shorter workweek, or higher overtime premium than provided under the FLSA. While collective bargaining agreements cannot waive or reduce FLSA protections, nothing in the FLSA or the Part 541 regulation relieves employers from their contractual obligations under such bargaining agreements. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). When the state laws differ from the federal FLSA, an employer must comply with the standard most protective to employees. Links to your state labor department can be found at www.dol.gov/whd/contacts/state_of.htm. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

U.S. Department of Labor Wage and Hour Division (Revised July 2009)

Fact Sheet #67: The McNamara-O’Hara Service Contract Act (SCA) This fact sheet provides general information concerning the McNamara-O’Hara Service Contract Act. Coverage The McNamara-O’Hara Service Contract Act (SCA) covers contracts entered into by federal and District of Columbia agencies that have as their principal purpose furnishing services in the U.S. through the use of “service employees.” The definition of “service employee” includes any employee engaged in performing services on a covered contract other than a bona fide executive, administrative, or professional employee who meets the exemption criteria set forth in 29 CFR Part 541. The SCA does not apply to certain types of contract services. The contracts exempt from SCA coverage include: • • • • • • • • •

Contracts for construction, alteration, or repair, including painting, and decorating, of public buildings or public works (these are covered by the Davis-Bacon Act); Work required in accordance with the provisions of the Walsh-Healey Public Contracts Act; Contracts for transporting freight or personnel where published tariff rates are in effect; Contracts for furnishing services by radio, telephone, telegraph, or cable companies subject to the Communications Act of 1934; Contracts for public utility services; Employment contracts providing for direct services to a federal agency by an individual or individuals; Contracts for operating postal contract stations for the U.S. Postal Service; Services performed outside the U.S. (except in territories administered by the U.S., as defined in the Act); and Contracts subject to administrative exemptions granted by the Secretary of Labor in special circumstances because of the public interest or to avoid serious impairment of government business.

Basic Provisions/Requirements SCA contract clauses require contractors and subcontractors performing services under prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues SCA wage determinations for the federal contracting agencies to incorporate them, along with the required contract clauses, into covered contracts. The fringe benefit requirements (usually “health and welfare,” vacation, and holiday benefits) are separate and in addition to the hourly monetary wage requirement under the SCA. On contracts equal to or less than $2,500, at least the federal minimum wage established by section 6(a)(1) of the Fair Labor Standards Act applies ($7.25 per hour effective July 24, 2009, under the “Fair Minimum Wage Act of 2007”). Contractors and subcontractors must notify employees performing SCA contract work of the compensation due them under the applicable SCA determination in the covered contract, and must post the “Notice to Employees FS 67

Working on Government Contracts,” Department of Labor Publication WH-1313, at a prominent and accessible place at the worksite. Penalties/Sanctions and Appeals Violations of the SCA may result in the withholding of contract payments in sufficient amounts to cover wage and fringe benefit underpayments, contract termination and liability for any resulting costs to the government, legal action to recover the underpayments, and debarment from future contracts for up to three years. Contractors and subcontractors may challenge determinations of violations and debarment before an Administrative Law Judge (ALJ). Interested parties may appeal ALJ decisions to the Department’s Administrative Review Board. Final Board determinations on violations and debarment may be appealed to and are enforceable through the federal courts. Typical Problems (1) Underpayment of service workers due to misclassification. (2) Erroneously considering workers exempt without regard to 29 C.F.R. Part 541 rules. (3) Failure to make timely payment of wages or fringe benefit contributions. (4) Lack of proper recordkeeping when cash payments are made to satisfy fringe benefit requirements. (5) Failure to notify service employees of the applicable wage and fringe benefit requirements, or failure to post the “Notice to Employees Working on Government Contracts” at a prominent and accessible place at the worksite. (6) Failure to use the conformance procedure for unlisted classes of employees. (7) Failure to segregate and keep records on hours spent on contract work and non-contract work for employees who do both. (8) Failure to implement rate increases (if any) in a new wage determination in a multi-year contract subject to annual appropriations. Relation to State, Local, and Other Federal Laws This Act applies only to contracts for services awarded by the federal or District of Columbia governments. Some contracts covered by SCA also call for construction work to which the Davis-Bacon Act prevailing wage requirements apply. Employees performing SCA contract work may also be subject to overtime pay requirements under Contract Work Hours and Safety Standards Act (which applies to prime contracts over $100,000) and/or the Fair Labor Standards Act. Both laws require at least time and a half pay for all hours worked over 40 in a workweek. State and local wage and hour laws may also apply to workers concurrent with compensation requirements under SCA. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

U.S. Department of Labor Wage and Hour Division (Revised July 2008)

Fact Sheet #27: New Businesses Under The Fair Labor Standards Act (FLSA) This fact sheet is directed to new businesses covered by the provisions of the FLSA. Coverage Enterprise coverage refers to those businesses with a gross annual dollar volume of sales made or business done of $500,000 or more. Even if a business is not a covered enterprise, many employees will be covered by the FLSA on an individual basis. Individual coverage applies to all employees who are engaged in interstate commerce or the production of goods for such commerce. Covered employees include persons who produce, receive, ship, transport or load goods that are moving in interstate commerce, as well as those who prepare, handle or transmit information or documents in interstate commerce, such as credit card transactions. Other persons such as guards, janitors and maintenance employees who perform duties which are closely related and directly essential to such interstate activities are also covered by the FLSA. Requirements Employees who are covered by the FLSA are entitled to be paid at least the Federal minimum wage as well as time and one-half their regular rates of pay for all hours worked over 40 in a workweek. There are also youth employment provisions regulating the employment of anyone under the age of 18 in covered work, as well as recordkeeping requirements. Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment by their employer. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage. Covered employees must be paid for all hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time an employee is suffered or permitted to work. This would generally include work performed at home, travel time, waiting time, training and probationary periods. There may be employees of a covered business who are exempt from the minimum wage and/or overtime provisions of the FLSA. Bona fide executive, administrative, professional (including certain computer professionals), and outside sales employees are exempt from both the minimum wage and overtime provisions, if all tests for the exemption are met. Additional employees may be excluded from minimum wage or overtime pay provisions as defined by other specific exemptions. Typical Problems There are common problems and misconceptions which Wage and Hour investigations frequently disclose. These include: FS 27

•

The misapplication of the executive or administrative exemption to non-exempt "salaried" persons such as clerical workers, working foremen, dispatchers, and inside salespersons.

•

Employment of underage minors in prohibited duties and/or beyond permitted hours.

•

Failure to pay overtime to non-exempt salaried employees.

•

Failure to pay employees for all hours suffered or permitted to work, including time spent taking inventory, cleaning up, completing paperwork, etc., beyond the normal work schedule.

•

Failure to maintain records on non-exempt salaried or piece rate employees.

•

Granting compensatory time off in lieu of overtime pay.

•

Considering certain employees to be "contract labor" or independent contractors and thus treating them as not covered by the FLSA's provisions.

•

Illegal deductions or kickbacks for shortages, uniforms, errors, bad checks, etc., which reduce an employee's pay below the applicable minimum wage or required overtime pay.

•

Failure to pay minimum wage and overtime to part time employees.

Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

HANDY REFERENCE GUIDE TO THE FAIR LABOR STANDARDS ACT

WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR

Handy Reference Guide to the Fair Labor Standards Act The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and parttime workers in the private sector and in federal, state, and local governments. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) administers and enforces the FLSA with respect to private employment, state and local government employment, and federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch. Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay.

Material contained in this publication is in the public domain and may be reproduced fully or partially, without permission of the Federal Government. Source credit is required only to reproduce any copyrighted material contained herein. This publication is available online from the Wage and Hour Division website at www.dol.gov/whd This material will be made available to sensory impaired individuals upon request. Voice: 1-866-487-9243 (1-866-4US-WAGE) TDD: 1-877-889-5627

Table of Contents 1 Basic Wage Standards 2 Who Is Covered? 3 Tipped Employees 4 Employer-Furnished Facilities 4 Industrial Homework 4 Subminimum Wage Provisions 4 Youth Minimum Wage 5 Exemptions 7 Child Labor Provisions 7 Nonagricultural Jobs (Child Labor) 7 Farm Jobs (Child Labor) 9 Recordkeeping 9 Nursing Mothers 11 Terms Used in the FLSA 12 Computing Overtime Pay 14 Enforcement Through Investigation 14 Enforcement Through Legal Remedies 16 Retaliation is Prohibited 16 Other Labor Laws 18 Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) 18 Equal Pay Provisions

Basic Wage Standards Covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour effective July 24, 2009. Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek. Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA. The FLSA contains some exemptions from these basic standards. Some apply to specific types of businesses; others apply to specific kinds of work. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. For example, the FLSA does not require: (1) vacation, holiday, severance, or sick pay; (2) meal or rest periods, holidays off, or vacations; (3) premium pay for weekend or holiday work; (4) pay raises or fringe benefits; or (5) a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or commissions in excess of those required by the FLSA. However, some states do have laws under which such claims (sometimes including fringe benefits) may be filed. 1

Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. The above matters are for agreement between the employer and the employees or their authorized representatives.

Who is Covered? All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and: (1) whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or (2) is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, or the mentally ill who reside on the premises; a school for mentally or physically disabled or gifted children; a preschool, an elementary or secondary school, or an institution of higher education (whether operated for profit or not for profit); or (3) is an activity of a public agency. Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered because of the revised $500,000 test, continues to be subject to the overtime pay, child labor and recordkeeping provisions of the FLSA. Employees of firms which are not covered enterprises under the FLSA still may be subject to its minimum wage, overtime pay, recordkeeping, and child labor provisions if they are individually engaged in 2

interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production. Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross state lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered if: (1) their cash wages from one employer in calendar year 2010 are at least $1,700 (this calendar year threshold is adjusted by the Social Security Administration each year); or (2) they work a total of more than eight hours a week for one or more employers.

Tipped Employees Tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. Employers may consider tips as part of wages, but employers must still pay at least $2.13 an hour in direct wages. An employer who elects to use the tip credit provision must inform the employee in advance, and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit claimed are combined. If an employee’s tips combined with his/her direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees are entitled to keep all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. 3

Employer-Furnished Facilities The reasonable cost or fair value of board, lodging, or other facilities customarily furnished by the employer for the employee’s benefit may be considered part of wages.

Industrial Homework The performance of certain types of work in an employee’s home is prohibited under the law unless the employer has obtained prior certification from DOL. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry (where safety and health hazards are not involved). The manufacture of women’s apparel (and jewelry under hazardous conditions) is generally prohibited. If you have questions on whether a certain type of work is restricted, or who is eligible for a homework certificate, or how to obtain a certificate, you may contact the local WHD office.

Subminimum Wage Provisions The FLSA provides for the employment of certain individuals at wage rates below the statutory minimum. Such individuals include student-learners (vocational education students), as well as fulltime students in retail or service establishments, agriculture, or institutions of higher education. Also included are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed. Employment at less than the minimum wage is authorized to prevent curtailment of opportunities for employment. Such employment is permitted only under certificates issued by WHD.

Youth Minimum Wage A minimum wage of not less than $4.25 an hour is permitted for employees under 20 years of age during their first 90 consecutive calendar days of employment with an employer. Employers are 4

prohibited from taking any action to displace employees in order to hire employees at the youth minimum wage. Also prohibited are partial displacements such as reducing employees’ hours, wages, or employment benefits.

Exemptions Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. Detailed information is available from local WHD offices. Following are examples of exemptions which are illustrative, but not all-inclusive. These examples do not define the conditions for each exemption.

Exemptions from Both Minimum Wage and Overtime Pay (1) Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and employees in certain computer-related occupations (as defined in DOL regulations) (2) Employees of certain seasonal amusement or recreational establishments, employees of certain small newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and employees engaged in newspaper delivery (3) Farmworkers employed by anyone who used no more than 500 “man-days” of farm labor in any calendar quarter of the preceding calendar year (4) Casual babysitters and persons employed as companions to the elderly or infirm

Exemptions from Overtime Pay Only (1) Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft sales-workers; or parts-clerks and mechanics servicing autos, trucks, or farm implements, who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers (2) Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans (3) Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations (4) Domestic service workers living in the employer’s residence (5) Employees of motion picture theaters (6) Farmworkers

Partial Exemptions from Overtime Pay (1) Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and to employees of certain bulk petroleum distributors. (2) Hospitals and residential care establishments may adopt, by agreement with their employees, a 14day work period instead of the usual seven-day workweek if the employees are paid at least time and one-half their regular rates for hours worked over eight in a day or 80 in a 14-day work period, whichever is the greater number of overtime hours. (3) Employees who lack a high school diploma, or who have not attained the educational level of the 8th grade, can be required to spend up to 10 hours in a workweek engaged in remedial reading or training in other basic skills without receiving time and 6

one-half overtime pay for these hours. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific. (4) Public agency fire departments and police departments may establish a work period ranging from seven to 28 days in which overtime need only be paid after a specified number of hours in each work period.

Child Labor Provisions The FLSA child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. The provisions include restrictions on hours of work for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform. Complete information on prohibited occupations is available from www.youthrules.dol.gov

Nonagricultural Jobs (Child Labor) Regulations governing child labor in non-farm jobs differ somewhat from those pertaining to agricultural employment. In non-farm work, the permissible jobs and hours of work, by age, are as follows: (1) Youths 18 years or older may perform any job, whether hazardous or not, for unlimited hours. (2) Minors 16 and 17 years old may perform any nonhazardous job, for unlimited hours. (3) Minors 14 and 15 years old may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs under the following conditions: no more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week. Also, work may not begin before 7 AM, nor

end after 7 PM, except from June 1 through Labor Day, when evening hours are extended to 9 PM. Under a special provision, youths 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and three hours on school days (including during school hours). In addition, academically oriented youths enrolled in an approved Work-Study Program (WSP) may be employed during school hours. Fourteen is the minimum age for most non-farm work. However, at any age, minors may deliver newspapers; perform in radio, television, movie, or theatrical productions; work for parents in their solely-owned non-farm business (except in mining, manufacturing or on hazardous jobs); or gather evergreens and make evergreen wreaths.

Farm Jobs (Child Labor) In farm work, permissible jobs and hours of work, by age, are as follows: (1) Minors 16 years and older may perform any job, whether hazardous or not, for unlimited hours; (2) Minors 14 and 15 years old may perform any nonhazardous farm job outside of school hours; (3) Minors 12 and 13 years old may work outside of school hours in nonhazardous jobs, either with a parent’s written consent or on the same farm as the parent(s); (4) Minors under 12 years old may perform jobs on farms owned or operated by parent(s), or with a parent’s written consent, outside of school hours in nonhazardous jobs on farms not covered by minimum wage requirements. Minors of any age may be employed by their parents in any occupation on a farm owned or operated by their parents.

Recordkeeping The FLSA requires employers to keep records on wages, hours, and other items, as specified in DOL recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. The records do not have to be kept in any particular form and time clocks need not be used. With respect to an employee subject to the minimum wage provisions or both the minimum wage and overtime pay provisions, the following records must be kept: (1) personal information, including employee’s name, home address, occupation, gender, and birth date if under 19 years of age (2) hour and day when workweek begins (3) total hours worked each workday and each workweek (4) total daily or weekly straight-time earnings (5) regular hourly pay rate for any week when overtime is worked (6) total overtime pay for the workweek (7) deductions from or additions to wages (8) total wages paid each pay period (9) date of payment and pay period covered Records required for exempt employees differ from those for nonexempt workers. Special information is required for homeworkers, for employees working under uncommon pay arrangements, for employees to whom lodging or other facilities are furnished, and for employees receiving remedial education.

Nursing Mothers The Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010 (P.L. 111-148), amended Section 7 of the FLSA, to provide a break time requirement for nursing mothers.

Employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The FLSA requirement of break time for nursing mothers to express breast milk does not preempt state laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond one year after the child’s birth). Employers are required to provide a reasonable amount of break time to express milk as frequently as needed by the nursing mother. The frequency of breaks needed to express milk as well as the duration of each break will likely vary. A bathroom, even if private, is not a permissible location under the Act. The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing mother’s use, it must be available when needed in order to meet the statutory requirement. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view, and free from any intrusion from coworkers and the public. Only employees who are not exempt from Section 7, which includes the FLSA’s overtime pay requirements, are entitled to breaks to express milk. While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from Section 7, (such as bona fide professional, executive and administrative employees), they may be obligated to provide such breaks under state laws. Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an 10

undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply. Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. In addition, the FLSA’s general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies.

Terms Used in the FLSA Workweek A workweek is a period of 168 hours during seven consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of two or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis. Hours Worked Covered employees must be paid for all hours worked in a workweek. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the work day to the end of the last principal work activity of the workday. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

Computing Overtime Pay Overtime must be paid at a rate of at least one and one-half times the employee’s regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee (except for certain statutory exclusions). The following examples are based on a maximum 40-hour workweek applicable to most covered nonexempt employees. (1) Hourly rate (regular pay rate for an employee paid by the hour)—If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due. Example: An employee paid $8.00 an hour works 44 hours in a workweek. The employee is entitled to at least one and one-half times $8.00, or $12.00, for each hour over 40. Pay for the week would be $320 for the first 40 hours, plus $48.00 for the four hours of overtime - a total of $368.00. (2) Piece rate—The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. Example: An employee paid on a piecework basis works 45 hours in a week and earns $405. The regular rate of pay for that week is $405 divided by 45, or $9.00 an hour. In addition to the straighttime pay, the employee is also entitled to $4.50 (half the regular rate) for each hour over 40 - an additional $22.50 for the 5 overtime hours - for a total of $427.50. Another way to compensate pieceworkers for overtime, if agreed to before the work is performed, is to pay one and one-half times the piece rate for each piece produced during the overtime hours. The piece rate must be the one actually paid during 12

nonovertime hours and must be enough to yield at least the minimum wage per hour. (3) Salary—The regular rate for an employee paid a salary for a regular or specified number of hours a week is obtained by dividing the salary by the number of hours for which the salary is intended to compensate. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the salary. If, under the employment agreement, a salary sufficient to meet the minimum wage requirement in every workweek is paid as straight time for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week. To illustrate, suppose an employee’s hours of work vary each week and the agreement with the employer is that the employee will be paid $480 a week for whatever number of hours of work are required. Under this agreement, the regular rate will vary in overtime weeks. If the employee works 50 hours, the regular rate is $9.60 ($480 divided by 50 hours). In addition to the salary, half the regular rate, or $4.80, is due for each of the 10 overtime hours, for a total of $528 for the week. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). In that case, an additional $4.00 is due for each of the 20 overtime hours for a total of $560 for the week. In no case may the regular rate be less than the minimum wage required by the FLSA. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime pay. If the salary is for a half month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. A monthly salary should be multiplied by 12 and the product divided by 52.

Enforcement Through Investigation WHD enforcement of the FLSA is carried out by investigators stationed across the country. As WHD authorized representatives, they conduct investigations and gather data on wages, hours, and other employment conditions in order to determine compliance with the law regardless of workers’ immigration status. Where violations are found, they will recommend changes in employment practices to bring an employer into compliance.

Enforcement Through Legal Remedies The FLSA allows the Department of Labor (“Department”) or an employee to recover back wages and an equal amount in liquidated damages where minimum wage and overtime violations exist. Generally, a two-year statute of limitations applies to the recovery of back wages and liquidated damages. A three-year statute of limitations applies in cases involving willful violations. Remedies may be recovered through administrative procedures, litigation, and/or criminal prosecution. Administrative procedures: • The Department is authorized to supervise the payment of unpaid minimum wages and/ or unpaid overtime compensation owed to any employee(s). • In lieu of litigation, the Department may seek back wages and liquidated damages, through settlements with employers. • Civil money penalties may be assessed for child labor violations and for repeat and/or willful violations of FLSA minimum wage or overtime requirements. –– Employers who willfully or repeatedly violate minimum wage or overtime pay requirements are subject to civil money penalties for each violation. 14

–– Employers who violate the child labor provisions of the FLSA may be subject to civil money penalties. These penalties may be increased for each violation that results in the death or serious injury of an employee who is a minor, and may be doubled if the violation was determined to be willful or repeated. –– For current penalty amounts, see www.dol.gov/whd/flsa/index.htm#cmp Litigation procedures: • The Department may file suit on behalf of employees for back wages, an equal amount in liquidated damages, and civil money penalties where appropriate. • The Department may seek a U.S. District Court injunction to restrain violations of the law, including the unlawful withholding of proper minimum wage and overtime pay, failure to keep proper records, and retaliation against employees who file complaints and/or cooperate with the Department. • The Department may seek an order for payment of civil money penalties from a U.S. Department of Labor Administrative Law Judge where appropriate. • An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorney’s fees and court costs. In such a case, the Department will not seek the same back wages and liquidated damages on that employee’s behalf. • The FLSA provides that DOL may seek a U.S. District Court order to prevent the shipment of the affected goods. Criminal prosecution: • Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment. 15

Retaliation is Prohibited Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages.

Other Labor Laws In addition to the FLSA, WHD enforces and administers a number of other labor laws. Among these are: (1) The Davis-Bacon and Related Acts, which require payment of prevailing wage rates and fringe benefits on federally-financed or assisted construction. (2) The Walsh-Healey Public Contracts Act, which requires payment of minimum wage rates and overtime pay on contracts to provide goods to the Federal Government. (3) The Service Contract Act, which requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the Federal Government. (4) The Contract Work Hours and Safety Standards Act, which sets overtime standards for service and construction contracts. (5) The Migrant and Seasonal Agricultural Worker Protection Act, which protects farm workers by imposing certain requirements on agricultural employers and associations and requires the registration of crewleaders who must also provide the same worker protections. (6) The Wage Garnishment Law, which limits the amount of an individual’s income that may be legally garnished and prohibits firing an employee whose pay is garnished for payment of a single debt. 16

(7) The Employee Polygraph Protection Act, which prohibits most private employers from using any type of lie detector test either for pre-employment screening of job applicants or for testing current employees during the course of employment. (8) The Family and Medical Leave Act, which entitles eligible employees of covered employers to take up to 12 weeks of unpaid job-protected leave each year, with maintenance of group health insurance, for the birth and care of a child, for the placement of a child for adoption or foster care, for the care of a child, spouse, or parent with a serious health condition, or for the employee’s serious health condition. (9) The Immigration and Nationality Act, as amended, which: • under the H-2A provisions, provides for the enforcement of contractual obligations of job offers which have been certified to by employers of temporary alien nonimmigrant agricultural workers; • under the H-2B provisions, provides for the enforcement of employment conditions in the application for alien nonimmigrants in temporary, non-agricultural jobs; • under the H-1C provisions, provides for the enforcement of employment conditions attested to by employers in disadvantaged areas employing H-1C temporary alien nonimmigrant registered nurses; • under the D-1 provisions, provides for the enforcement of employment conditions attested to by employers seeking to employ alien crewmembers to perform specified longshore activity at U.S. ports; and • under the H-1B provisions, provides for the enforcement of labor condition applications filed by employers wishing to employ aliens in specialty occupations and as fashion models of distinguished merit and ability. 17

More detailed information on the FLSA and other laws administered by WHD is available by calling our toll-free help line 1-866-4US-WAGE (1-866487-9243). Additional information is available on WHD’s website at www.dol.gov/whd

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) In accordance with the provisions of the SBREFA, the Small Business Administration established a National Small Business and Agriculture Regulatory Ombudsman and 10 Regional Fairness Boards to receive comments from small entities about federal agency enforcement actions. The Ombudsman annually evaluates enforcement activities and rates each agency’s responsiveness to small entities. Small entities wishing to comment on WHD enforcement activities may call 1-888-REG-FAIR (1-888734-3247), or write the Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, SW, MC2120, Washington, DC 20416-0005, or visit the Ombudsman’s Office online at www.sba.gov/ombudsman The right to file a comment with the Ombudsman is in addition to any other rights a small entity may have, including the right to contest the assessment of a civil money penalty. Filing a comment with the Ombudsman neither extends the maximum time period for contesting the assessment of a penalty, nor takes the place of filing the response required to secure an administrative hearing on a penalty. WHD does not consider filing of a comment with the Ombudsman as a factor in determining how to resolve issues raised during a compliance action.

Equal Pay Provisions The equal pay provisions of the FLSA prohibit genderbased wage differentials between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility 18

and which are performed under similar working conditions. These provisions, as well as other statutes prohibiting discrimination in employment, are enforced by the Equal Employment Opportunity Commission. For more detailed information, call 1-800-669-4000 or visit www.eeoc.gov

1-866-487-9243 www.dol.gov/whd

WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR

WH1282 REV 1016

U.S. Department of Labor Wage and Hour Division (Revised July 2009)

Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA) This fact sheet provides general information concerning coverage under the FLSA. The FLSA is the Federal law which sets minimum wage, overtime, recordkeeping, and youth employment standards. The minimum wage for covered nonexempt workers is not less than $7.25 per hour effective July 24, 2009. With only some exceptions, overtime ("time and one-half") must be paid for work over forty hours a week. Child labor regulations prohibit persons younger than eighteen years old from working in certain jobs and additionally sets rules concerning the hours and times employees under sixteen years of age may work. More than 143 million American workers are protected (or "covered") by the FLSA, which is enforced by the Wage and Hour Division of the U.S. Department of Labor. There are two ways in which an employee can be covered by the law: "enterprise coverage" and "individual coverage." Enterprise Coverage Employees who work for certain businesses or organizations (or "enterprises") are covered by the FLSA. These enterprises, which must have at least two employees, are: (1) those that have an annual dollar volume of sales or business done of at least $500,000 (2) hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies Individual Coverage Even when there is no enterprise coverage, employees are protected by the FLSA if their work regularly involves them in commerce between States ("interstate commerce"). The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce." Examples of employees who are involved in interstate commerce include those who: produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions, travel to other States on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Also, domestic service workers (such as housekeepers, full-time babysitters, and cooks) are normally covered by the law.

FS 14

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

U.S. Department of Labor Wage and Hour Division (Revised July 2008)

Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) This fact sheet provides a summary of the FLSA's recordkeeping regulations, 29 CFR Part 516. Records To Be Kept By Employers Highlights: The FLSA sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employment subject to its provisions. Unless exempt, covered employees must be paid at least the minimum wage and not less than one and one-half times their regular rates of pay for overtime hours worked. Posting: Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243). This poster is also available electronically for downloading and printing at http://www.dol.gov/osbp/sbrefa/poster/main.htm. What Records Are Required: Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain: 1. Employee's full name and social security number. 2. Address, including zip code. 3. Birth date, if younger than 19. 4. Sex and occupation. 5. Time and day of week when employee's workweek begins. 6. Hours worked each day. 7. Total hours worked each workweek. 8. Basis on which employee's wages are paid (e.g., "$9 per hour", "$440 a week", "piecework") 9. Regular hourly pay rate. 10. Total daily or weekly straight-time earnings. 11. Total overtime earnings for the workweek. 12. All additions to or deductions from the employee's wages. 13. Total wages paid each pay period. 14. Date of payment and the pay period covered by the payment. How Long Should Records Be Retained: Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records. Records on which wage computations are based should be retained for two years, i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. These records must be open for inspection by the Division's representatives, who may ask the employer to make extensions, computations, or transcriptions. The records may be kept at the place of employment or in a central records office.

FS 21

What About Timekeeping: Employers may use any timekeeping method they choose. For example, they may use a time clock, have a timekeeper keep track of employee's work hours, or tell their workers to write their own times on the records. Any timekeeping plan is acceptable as long as it is complete and accurate. The following is a sample timekeeping format employers may follow but are not required to do so: DAY

DATE

OUT

TOTAL HOURS

Sunday

6/3/07

--------

Monday

6/4/07

8:00am

12:02pm

1:00pm

5:03pm

7:57am

11:58am

1:00pm

5:00pm

8:02am

12:10pm

1:06pm

5:05pm

Tuesday

Wednesday

6/5/07

6/6/07

Thursday

6/7/07

--------

Friday

6/8/07

--------

Saturday

6/9/07

--------

Total Workweek Hours:

Employees on Fixed Schedules: Many employees work on a fixed schedule from which they seldom vary. The employer may keep a record showing the exact schedule of daily and weekly hours and merely indicate that the worker did follow the schedule. When a worker is on a job for a longer or shorter period of time than the schedule shows, the employer must record the number of hours the worker actually worked, on an exception basis. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

U.S. Department of Labor Wage and Hour Division (Revised July 2008)

Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA) This fact sheet provides general information concerning what constitutes compensable time under the FLSA. The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked. Definition of "Employ" By statutory definition the term "employ" includes "to suffer or permit to work." The workweek ordinarily includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place. "Workday", in general, means the period between the time on any particular day when such employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities. The workday may therefore be longer than the employee's scheduled shift, hours, tour of duty, or production line time. Application of Principles Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable. Waiting Time: Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait." On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated. Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating. FS 22

Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken. Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed. Travel Time: The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved. Home to Work Travel: An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time. Home to Work on a Special One Day Assignment in Another City: An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site. Travel That is All in a Day's Work: Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked. Travel Away from Home Community: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile. Typical Problems Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

U.S. Department of Labor Wage and Hour Division Important information regarding recent overtime litigation in the U.S. District Court of Eastern District of Texas.

(Revised July 2008)

Fact Sheet #23: Overtime Pay Requirements of the FLSA This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA. Characteristics An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Requirements Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such. The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness. Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked. Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421.

FS 23

Where non-cash payments are made to employees in the form of goods or facilities, the reasonable cost to the employer or fair value of such goods or facilities must be included in the regular rate. Typical Problems Fixed Sum for Varying Amounts of Overtime: A lump sum paid for work performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even though the amount of money paid is equal to or greater than the sum owed on a per-hour basis. For example, no part of a flat sum of $180 to employees who work overtime on Sunday will qualify as an overtime premium, even though the employees' straight-time rate is $12.00 an hour and the employees always work less than 10 hours on Sunday. Similarly, where an agreement provides for 6 hours pay at $13.00 an hour regardless of the time actually spent for work on a job performed during overtime hours, the entire $78.00 must be included in determining the employees' regular rate. Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $405. In this instance the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50). Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

Upcoming Consultant Opportunities from May 2022 to October 2022 Job # Location

County

Route

Anticipated Solicitation Scope

Award

J6I3538 St Charles I-64 CY 2022 Westbound Bridge over the Missouri River Bridge Rehabilitation

Q2 Jan-23

SL0093 St Louis Bennington Place

Q2 FY 24

364

J6S3569 St Louis AC Pershall Rd to north of St Cyr Rd J6I3484 55 Corridor

Various

CY 2022 Drainage Improvements

CY 2022 Q2 FY 25 Pavement Resurfacing and Upgrading Pedestrian Facilities

I-55

CY 2022 Q2 Nov-23 Structural Sign Inspection and Replacement

I-

J6I3650 Various 64, I-70 Corridors

I-64, I-70

CY 2022 Q2 Nov-24 Structural Sign Inspection and Replacement

I-

J6S3278 St Louis City Adelaide to Riverview

CY 2022 Pavement Resurfacing

J6S3302 St Charles Warren County Line to I-64

J6I3490 St Charles Route K to Spencer Creek

I-70

J6I3613 St Charles Route K to Mid Rivers Mall Dr

I-70

CY 2022 Asphalt Overlay CY 2022 Bridge Rehabilitations

Q2 Jan-24 Q2 Sep-22 Oct-22

CY 2022 Oct-22 Resurfacing and Guardrail Upgrades

County St. Louis St. Louis St. Louis Various Various Franklin

St. Louis

St. Louis St. Louis Various St. Louis Franklin Jefferson

St. Louis

MoDOT Upcoming Construction Projects - May-Oct 2022 lettings: Route Project LOCATION_DESC JAMES S MCDONNELL BLVD S 6I3326 Bridge repair at McDonnell Boulevard and Lambert International Boulevard ramp to I-70 eastbound. IS 64 W 6I3501 Bridge rehabilitations at I-270. MO 141 S 6P3062B Bridge replacement over flood control lake in Earth City. Various 6P3449 Job Order Contracting for fence repair at various locations in the St. Louis District. Various 6P3451 Job Order Contracting for guard cable repair at various locations in the St. Louis District. MO 47 S 6P3665 Upgrade guardrail from Rte. 30 to Rte. FF, Rte. WW from Rte. Y to Rte. H, and Outer Road 44 (Hogan Road) from end of state maintenance to Viaduct Street. MO 100 E 6S3259 Pavement rehabilitation, upgrade signal and pedestrian facilities to comply with the ADA Transition Plan from I-270 to Rte. 61/67 (Kirkwood). MO 100 E 6S3259B Pedestrian and streetscape enhancements from North Ballas Road to Meier Lane. MO 100 E 6S3259C Pedestrian and streetscape enhancements from Meier Lane to Kirkwood Drive. Various 6M0281 Job order contract to repair damaged signal detection at various locations in the St. Louis District. IS 270 E 6I3653 Pavement repairs from Rte. AB to 0.4 mile south of Rte. 100. RT J S 6MAMD01 Pavement resurfacing from Rte. H to Crawford County line. RT AA E 6S3629 Pavement resurfacing, pavement repairs and upgrade guardrail from Rte. TT to the end of state maintenance at the railroad tracks. MO 340 E 6S3255 Pavement resurfacing, upgrade signal and pedestrian facilities to comply with the ADA Transition Plan from Lea Oak Drive to I-270. 1 of 3

St. Louis

IS 270 E

St. Louis

MO 141 S

St. Charles

RT N E

St. Charles

RT Z S

Franklin

MO 47 S

St. Louis

IS 270 E

Jefferson

MO 30 E

St. Charles

MO 370 E

St. Charles

MO 94 E

St. Louis

RT CC E

Franklin

RT MM S

St. Charles

IS 70 E

St. Charles

IS 70 E

St. Louis

US 61 S

6I2090

Bridge replacement, bridge rehabilitation and pavement repair over Conway Road and New Ballas Road and bridge rehabilitation for I-270 mainline and ramp and Rte. AB (Ladue Road). 6M3420 Sound-wall repair at Burgundy Lane, north of Milldale Drive, on North Forty Drive west of Spoede Road and westbound I-64 at Hanley Road. 6S3312 Pavement resurfacing and upgrade pedestrian facilities to comply with the ADA Transition Plan from Bryan Road to Rte. K. 6S3491 Pavement resurfacing from Perry Cate Boulevard to Rte. N. 6MAMD04 Pavement preservation treatment from Rte. 30 to the Washington County line, Rte. FF from 0.28 mile north of Huff Road to Rte. 47, Rte. EE from end of state maintenance to Rte. B and on Rte. WW from Rte. Y to Rte. H. 6I3020C Modify interchange configuration at Riverview Boulevard in St. Louis City. 6M3416 Scoping for pipe replacements at Northwest Boulevard and Rte. 61 at Montebello Road. 6M3422 Drainage basin and drainage maintenance from New Town Road to Boschertown Road. 6S3302 Pavement resurfacing and upgrade guardrail from Warren County line to I64. 6S3493 Pavement resurfacing from Rte. 109 to I-64. 6S3368 Pavement resurfacing, upgrade guardrail, curve realignment, add shoulders and extend box culverts from Rte. T to Rte. 100. 6I3613 Pavement resurfacing and upgrade guardrail from Rte. K to 0.3 mile east of Mid Rivers Mall Drive. 6I3490 Bridge rehabilitation on various bridges on I-70 and outer roads between Rte. K and Spencer Road. 6S3281 Pavement resurfacing, upgrade signal and pedestrian facilities to comply with 2 of 3

the ADA Transition Plan from north of Big Bend Road to Barracksview Road. Various

VARIOUS

6Q3386E

St. Louis

N OR 44 E

6S3556

St. Louis City

MO 367 S

6S3279

St. Charles

MO 79 S

6P3555

St. Louis City St. Charles

IS 70 W

6I3463

MO 79 S

6P3483

St. Louis

RP IS55N TO IS270E E

6I3534

3 of 3

ITS asset management maintenance and operations at various locations in the St. Louis District. Bridge rehabilitation on Mattis Road over I-55, Geyer Road over I-44, Cragwold Road over I-270, pavement preservation treatment on I-270 over I44 and bridge painting on the ramp from I-270 west to Rte. 67. Pavement resurfacing and upgrade pedestrian facilities to comply with the ADA Transition Plan from Halls Ferry Circle to I-70. Upgrade signals at TR Hughes Boulevard. Replace structural signs from Warren County line to Mississippi River. Pavement resurfacing and upgrade guardrail from Dyer Road to divided pavement. Bridge rehabilitation and painting at the I-55/I-270 interchange and at the I-44/I270 interchange and crack filling on I-44 over the Meramec River.

Metropolitan Sewer District (MSD) Diversity Program Update

From: To: Cc: Subject: Date: Attachments:

Shonnah Paredes Carter, Barbara D.; Lyles-Wiggins, Francois L. Bruce, Tynetta K.; Kalu, Juanita Industry Day Presentation Tuesday, April 26, 2022 10:33:22 AM MSD_IndustryDay_4May2022.pdf

Good morning, please see MSD presentation for Industry Day. Thanks for the opportunity to participate and please let me know if you need anything in addition to the presentation. Sincerely, Shonnah Paredes, MA, MBA Manager of Diversity Programs Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103 (314) 768-6395, Phone sparedes@stlmsd.com

Upcoming Opportunities in Transit Throughout the State of Missouri (OEO)

State of Missouri

Office of Equal Opportunity

Office of Equal Opportunity Who are we?

• Promote a diversified workforce within state government through our Workforce Diversity Program. • Increase opportunities for minority- and woman-owned businesses to participate in the State of Missouri’s procurement opportunities through our Supplier Diversity Program. • Supported by robust outreach and engagement efforts to create awareness of programs and access to information, resources, and capital.

Executive Orders • EO 05-30 Supplier Diversity Program - Feasible effort goals 10% MBE, 5% WBE

• EO 10-24 Workforce Diversity

• EO 14-07 and 14-16 Disparity Study Oversight Review Committee and Disparity Study

• EO 15-06 Supplier Diversity Program - Feasible effort goals 10% MBE and 10% WBE

Meet the Team

Danielle Briot Acting Director

Austin Kerns

Workforce Diversity Specialist

Jasmine Prothero

Minority/Women Certification Coordinator

Supplier Diversity Program Who’s eligible for certification?

• Business must be at least 51% owned by a minority and/or woman; • U.S. citizen or lawfully admitted permanent resident of the U.S.; • Must hold the highest position in the company and be capable of exercising direct control over daily and long-term decisions regarding the management, policy and operations of the business; and • The business must be organized as a for-profit business.

Supplier Diversity Program

Minority/Women Business Certification Process • Application process for certification as a Minority-Owned Business Enterprise (MBE) and/or Woman-Owned Business Enterprise (WBE).

• Standard Application Processing: <90 Days • Rapid Application Processing: <30 Days

Certified M/WBE Vendor Search

Procurement Opportunities • MissouriBuys • Facilities Management, Design and Construction bid board • Upcoming MBE/WBE and SDVE Subcontracting Bid Opportunities • Up2$10K Program - Encourage spending with MBE/WBEs on expenditures under $10K where there is no existing or required contract.

Service-Disabled Veteran Enterprise

List of certified SDVE businesses

ACCESS

Acceleration, Communication, Collaboration, Empowerment Success Series

• ACCESS to Information • KC BizCare • Missouri PTAC • WBENC (WBDC)

• ACCESS to Resources

• Small Business Development Center (SBDC) • Department of Economic Development

• ACCESS to Capital

• Heartland Kansas City, Black Chamber of Commerce • St. Louis SBA • OA Purchasing, Contract Management

Small Business Impact Study • Identify the available MBE/WBE businesses in the state and the rate of utilization on state contracts • Study led by Dr. Melissa Patterson Hazley and Dr. Brent Never through UMKC • Public Hearing – March 16, 2022 • Focus groups around the state – April 4 – April 19 • Final report and recommendations due June 30, 2022

Stay Connected Resources

• Office of Equal Opportunity: http://oeo.mo.gov • 1 CSR 10-17 – Guiding Regulations for M/WBE Certification http://s1.sos.mo.gov/cmsimages/adrules/csr/current/1csr/1c1017.pdf • Division of Purchasing: http://oa.mo.gov/purchasing • MissouriBUYS Vendor Registration and Procurement System: https://missouribuys.mo.gov • Department of Economic Development: (grants and financing) https://ded.mo.gov • Missouri Procurement Technical Assistance: https://extension.missouri.edu/programs/missouri-procurementtechnical-assistance-centers

Follow OEO on Social Media: https://www.facebook.com/oeogov @MO_OEO @MissouriOEO

Contacting KCATA Procurement Department Equipment, Materials, Supplies, Professional Services, Rolling Stock, Construction, Engineering, and Architectural Design 1350 E. 17th Street, Building 1 Kansas City, MO 64108 Maurice Gay, Contract Vendor Specialist Coordinator (816) 346-0366 Telephone (816) 346-0336 Fax

DBE/SBE/MBE/WBE Certification Disadvantaged Business Enterprise [DBE], Small Business Enterprise [SBE] owned companies, Minority Business Enterprise [MBE], and Women Business Enterprise [Women Business Enterprise] 1350 E. 17th Street, Building 1 Kansas City, MO 64108 Whitney Morgan , DBE/ Grants Specialist (816) 346-0277 Telephone (816) 346-0336 Fax Website: https://www.kcata.org/about_kcata/content/category/doing_business_with_kcata

Table of Contents General Information ...................................................................................................................... 5 Doing Business with KCATA ....................................................................................................... 5-7 Procurement Guidelines ............................................................................................................... 8 Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE), Women Business Enterprise (WBE) and Small Business Enterprise (SBE) Programs ............................................ 8-13 Certification ................................................................................................................................. 13 Additional Small Business Efforts ........................................................................................... 17-18

General Information The Kansas City Area Transportation Authority (KCATA) is the regional transit authority for the bistate Kansas City metropolitan area. Created by bi-state compact in 1965, KCATA oversees public transportation activities in the seven-county bi-state area. KCATA directly operates bus and BRT services, manages services operated by other entities, and coordinates services across the region including coordination with the downtown streetcar to ensure an integrated system. This also includes working with multi-modal mobility providers such as taxis, scooter companies, microtransit, etc. Together these services form and operate under the KCATA managed RideKC brand.

Doing Business with KCATA This guide is designed to help vendors sell their products and services to Kansas City Area Transportation Authority (KCATA). The information provided is intended to serve as a general guide. If you have questions that are not answered, please do not hesitate to contact us. KCATA is committed to customer excellence. It is our hope that you have a positive and successful experience doing business with KCATA.

Procurement Guidelines KCATA’s Procurement department is committed to: • • • • • • • • •

Ensuring maximum, open and free competition. Providing prompt and courteous reception, as well as fair and equal treatment, to all suppliers, providers and their representatives. Providing equal opportunity for all suppliers and providers to participate in the solicitation process. Showing proper consideration and cooperation when vendors make errors in the bidding/proposing process. Avoiding putting a vendor or provider through unnecessary expense or inconvenience whenever possible. Providing clear and full explanations to vendors for rejection of their bids/proposals. Staying informed about sources of supply, methods, services, and materials. Guaranteeing the confidentiality of quotations and bids before bid opening. Remaining free from obligations to any supplier or provider.

The Procurement Department is responsible for encouraging meaningful offers from all entities and increasing competition at reasonable expense. When appropriate, procurement transactions shall be conducted in a manner that provides for maximum competition consistent

with applicable federal regulations, Federal Transit Administration (FTA) Circular 4220.1F, FTA Best Procurement Practices Manual and KCATA’s Procurement Policy. KCATA procures the following items through local funding and federally assisted programs and projects: • • • •

Materials and Supplies Equipment, Vehicles and Rolling Stock Services (including Professional, Architectural and Engineering) Construction and Capital Projects

KCATA procurement process includes: •

Micro Purchases: Micro purchases are limited to $10,000 and do not require competitive price quotes. They are processed with a quick turnaround (usually one day) and may be handled via telephone or email. However, if KCATA cannot determine that the price is fair and reasonable it will solicit quotes from more than one source.

•

Small Purchases: Between $10,000 and $250,000, small purchases require price quotes from an adequate number of qualified sources. KCATA may issue a Request for Quotations (RFQ) seeking written quotations. Quotations may be submitted via email, USPS, or hand delivered. Average timeframe for solicitation is one to two weeks.

•

Formal Purchases: For procurements over $250,000, KCATA will issue a formal solicitation ➢ Invitation for Bids (IFB) when the specifications/scope of work is well-defined and there is adequate competition. KCATA will accept sealed bids and contracts are awarded based on lowest responsive and responsible bidder. This process generally takes three to four weeks. ➢ Request for Proposals (RFP) for projects where the scope of work is not precisely defined, described or standardized. KCATA may interview firms, and awards are based on the technical proposals submitted and negotiated pricing. This process may take six to eight weeks. ➢ Requests for Qualifications (RFQ) are issued for Architectural & Engineering projects (in accordance with the federal Brooks Act) and award is based only on the qualifications of the firm. This process may take eight to twelve weeks. ➢ Sole Source is a non-competitive procurement action whereby there is only one known source who can comply with the explicit requirements of the solicitation. These are typically when the goods/services are proprietary to one company and not easily obtained elsewhere. 6

KCATA will advertise small and formal procurements on its website at the following link: https://www.kcata.org/about_kcata/entries/current_opportunities

Procurement Registration Process All firms (prime contractors, subcontractors and suppliers) doing business with KCATA must complete a vendor registration process. KCATA uses an online vendor management system (B2GNow). Vendors that have previously registered with KCATA must now also complete the online process with updated information. To begin, you must set up an account at https://kcata.diversitycompliance.com where you will be given a temporary password. You will receive a confirmation email and be directed to change your password. You may follow the instruction guide to complete the process. B2GNow also conducts webinars that provide guided training on navigating the system and its available features. The following forms are required and must be provided at the time of registration. Failure to provide these forms will delay the approval process. • • •

Vendor Registration Questionnaire. The fillable form is provided online. Current IRS Form W9. Optional Documents. Firms have the option to attach additional documents to the Questionnaire, including brochures, insurance certificates and bonds.

For questions on these requirements, or for assistance in completing the forms, please contact Maurice Gay, KCATA’s Contract Vendor Specialist Coordinator at (816) 346-0366 or via email at mgay@kcata.org. Keys to a Successful Customer Experience • • • •

Be sure to register through the B2Gnow portal as described above. Consistently check the website for opportunities. Keep in touch with KCATA staff. Review price and know your ability to perform the work. ➢ All submittals should be fair and reasonable. ➢ Best price, minimum needs, and “value” are important.

Disadvantaged Business Enterprise (DBE) Program Policy Statement KCATA has established a DBE Program in accordance with regulations of the United States Department of Transportation (U.S. DOT). As a condition for receiving federal funding from U.S. DOT, KCATA has signed an assurance that it will comply with 49 CFR Part 26. KCATA’s DBE Program is applicable to contracts funded with federal assistance. KCATA has committed to: • • • • • •

Ensuring non-discrimination in the award and administration of U.S. DOT-assisted contract; Creating a level playing field on which DBEs can compete fairly for U.S. DOT-assisted contracts; Ensuring that the DBE program is tailored in accordance with applicable law; Ensuring that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; Helping remove barriers to the participation of DBEs in U.S. DOT-assisted contracts; and Assisting the development of firms that can compete successfully in the marketplace outside the DBE program.

In addition, DBEs will not be discriminated against on the basis of race, color, creed, religion, national origin, disability, age, sex, sexual orientation or gender identity in consideration for an award of a contract. What is a DBE? “DBE” refers to a small business which is at least 51% owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged individuals refer to women and any minorities. In the case of any publicly owned business, at least 51% of the stock must be owned, management, and daily business operations are controlled by one or more socially and economically disadvantaged individuals. All DBEs are small businesses, but not all small businesses are DBEs. Note: Please do not confuse DBE certification with Small Business Enterprise (SBE) , WomenOwned Business Enterprise (WBE), Minority Business Enterprise (MBE), or Disabled Veteran Business Enterprise (DVBE) which are other certifications provided to small, minority businesses. These certifications are different than the DBE certification required for meeting goals on U.S. DOT federally-assisted contracts.

Minority Business Enterprise (MBE) Program Policy Statement Based on the recommendations of the “2016 KCATA DBE Availability Study”, The Kansas City Area Transportation Authority (KCATA) has established a Minority Business Enterprise (MBE) program based on regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26 “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Program.” It is the policy of the KCATA to ensure that eligible MBE’s, have an equal opportunity to receive and participate in KCATA non-FTA funded contracts. It is also KCATA’s policy: 1. To ensure nondiscrimination in the award and administration of non-FTA funded contracts; 2. To create a level playing field on which MBE’s can compete fairly for non-FTA funded contracts; 3. To ensure that the MBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet MBE eligibility standards are permitted to participate as MBE’s; 5. To help remove barriers to the participation of MBE’s in non-FTA funded contracts; and 6. To assist the development of firms that can compete successfully in the marketplace outside of the MBE Program.

What is a MBE? 1. The business must be at least 51% owned and controlled by a minority. Ethnic minority is defined as any business having owner(s) belonging to the following minority groups: • •

•

“Black Americans,” which includes persons having origins in any of the Black racial groups of Africa; “Hispanic Americans,” which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; “Native American,” which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; Please note, an individual must be an enrolled member of a Federally or State recognized Indian tribe to receive the presumption of social disadvantage as a Native American. “Asian-Pacific Americans,” which includes Persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia

• • •

(Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated State of Micronesia, or Hong Kong; “Subcontinent Asian Americans,” which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; Women; or Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.

Woman Business Enterprise (WBE) Program Policy Statement Based on the recommendations of the “2016 KCATA DBE Availability Study”, The Kansas City Area Transportation Authority (KCATA) has established a Woman Business Enterprise (WBE) program based on regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26 “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Program.” It is the policy of the KCATA to ensure that eligible WBE’s, have an equal opportunity to receive and participate in KCATA non-FTA funded contracts. It is also KCATA’s policy: 1. To ensure nondiscrimination in the award and administration of non-FTA funded contracts; 2. To create a level playing field on which WBE’s can compete fairly for non-FTA funded contracts; 3. To ensure that the WBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet WBE eligibility standards are permitted to participate as WBE’s; 5. To help remove barriers to the participation of WBE’s in non-FTA funded contracts; and 6. To assist the development of firms that can compete successfully in the marketplace outside of the WBE Program.

What is a MBE? The business must be at least 51% owned and controlled by a woman. The woman owner must be a citizen of the United States or have been lawfully admitted as a permanent U.S. resident. Note: Only women who also fall into one of the racial or ethnic categories can qualify for classification as both a minority and woman-owned business enterprise M/WBE. A woman and a minority cannot share ownership of a company to qualify for both as one individual must hold 51% ownership.

DBE Participation on Procurements Only procurements that are federally funded may have DBE goals. DBE goals will be set on a project when 1) there are DBE firms certified to perform the scope of work; and 2) there are potential subcontracting opportunities. Federal regulations prohibit “setting aside” projects solely for DBE participation. Bidders/proposers can meet DBE commitments as a certified DBE Prime Contractor or by subcontracting with certified DBEs. Prime Contractors must demonstrate “good faith efforts” if they cannot reasonably find a DBE to perform work on a contract with a DBE goal. Prime Contractors may not terminate or remove a DBE subcontractor without cause and without advanced permission from KCATA. MBE Participation on Procurements Only procurements that are locally funded may have MBE goals. MBE goals will be set on a project when 1) there are MBE firms certified to perform the scope of work; and 2) there are potential subcontracting opportunities. The KCATA MBE Procurement Guidance prohibit “setting aside” projects solely for MBE participation. Bidders/proposers can meet MBE commitments as a certified MBE Prime Contractor or by subcontracting with certified MBEs. Prime Contractors must demonstrate “good faith efforts” if they cannot reasonably find an MBE to perform work on a contract with a MBE goal. Prime Contractors may not terminate or remove a MBE subcontractor without cause and without advanced permission from KCATA. WBE Participation on Procurements Only procurements that are locally funded may have WBE goals. WBE goals will be set on a project when 1) there are WBE firms certified to perform the scope of work; and 2) there are potential subcontracting opportunities. The KCATA WBE Procurement Guidance prohibit “setting aside” projects solely for WBE participation. Bidders/proposers can meet WBE commitments as a certified WBE Prime Contractor or by subcontracting with certified WBEs. Prime Contractors must demonstrate “good faith efforts” if they cannot reasonably find a WBE to perform work on a contract with a WBE goal. Prime Contractors may not terminate or remove a WBE subcontractor without cause and without advanced permission from KCATA.

Small Business Enterprise (SBE) Program An element of KCATA’s DBE Program is the Small Business Enterprise (SBE) program, which is race and gender neutral. To be eligible as a Small Business Enterprise, a firm must meet the size 12

guidelines established by the Small Business Administration (SBA). Information on these requirements may be found at http://www.sba.gov/content/small-business-size-standards . By definition, a DBE firm is also an SBE. This program allows KCATA to set aside smaller, federally funded projects for certified SBEs. The SBE Program will seek to eliminate and remove the bundling of contract requirements; provide race and general neutral small business sheltered markets for SBE prime contracts; require bidders on large contracts to identify and/or provide specific subcontracts appropriate for small business participation; and structure procurements of a size that small businesses can reasonably compete for and perform. DBE and SBE Certification Businesses do not have to be certified as a DBE or SBE to do business with KCATA, however firms must obtain DBE or SBE certification to meet participation goals set on projects. KCATA is a member of the Missouri Unified Certification Program (UCP) and will only recognize firms that are certified as DBEs and SBEs under the DOT guidelines found in 49 CFR Part 26. Firms must be certified as a DBE by a member of the Missouri Regional Certification Committee (MRCC), which includes MoDOT, City of Kansas City, City of St. Louis, Bi-State Development in St. Louis or KCATA. A list of certified firms may be found at https://www.modot.org/mrcc-directory. The following forms are required and must be provided to be considered for DBE certification: •

Disadvantaged Business Enterprise (DBE) Application. First time applicants for DBE certification must complete and submit this certification application and related material to KCATA and participate in an on-site interview conducted by the DBELO. If you fail to submit the required documents, your application may be delayed and/or denied. The form must be signed and notarized.

•

Statement of Personal Net Worth. Only disadvantaged persons having a personal net worth of less than $1.32 million can be considered as a potential qualified DBE. Items excluded from a person's net worth calculation include an individual's ownership interest in the applicant firm, and his or her equity in their primary residence. These forms are available on KCATA’s website (www.kcata.org) under the “Doing Business With” tab under “DBE and SBE Programs”. This form can be downloaded and completed in advance and submitted to Whitney Morgan via e-mail wmorgan@kcata.org or mailed certified mail to 1350 East 17th Street Kansas City, MO 64108.

The following forms are required and must be provided to be considered for SBE certification: •

Small Business Enterprise Declaration of Certification Affidavit. Firms that have the SBA’s 8(a) Business Development Certification, as described in 13 CFR Parts 121 and 124, may 13

submit a copy of its certificate. Firms that are not certified as 8(a) firms by the SBA must submit: 1) a copy of business tax returns for the most recent three-year period indicating the gross receipts; or if the SBA uses the number of employees to determine small business eligibility, a copy of the firm’s payroll statement indicating the average annual employment for the most recent year. •

Statement of Personal Net Worth. Only firms having a personal net worth of less than $1.32 million can be considered as a potential qualified SBE. Items excluded from a person's net worth calculation include an individual's ownership interest in the applicant firm, and his or her equity in their primary residence. These forms are available on KCATA’s website (www.kcata.org) under the “Doing Business With” tab under “DBE and SBE Programs”. This form can be downloaded and completed in advance and submitted to Whitney Morgan via e-mail wmorgan@kcata.org or mailed certified mail to 1350 East 17th Street Kansas City, MO 64108.

In response to longstanding concerns of DBEs, in 2014 USDOT passed the interstate certification provision which is designed to make the certification process easier on recipients and certified DBEs. Federal regulations require that firms must be certified in their home state first before applying for certification in any other state. Certifications are not automatically reciprocal, but the process is streamlined. Confidentiality KCATA will safeguard from disclosure to third parties any information that may reasonably be regarded as confidential business information, consistent with federal, state and local law. As a governmental entity, KCATA is subject to the Missouri Sunshine Public Information Act, under this act, information in the possession of a governmental body is generally available to the public. However, the law does provide exceptions to release, and KCATA will assert such exceptions applicable to information submitted to support an entity’s DBE/SBE certification. MBE and WBE Certification Businesses do not have to be certified as an MBE or WBE to do business with KCATA, however firms must obtain MBE or WBE certification to meet participation goals set on projects. There are two different ways to become MBE/WBE certified with KCATA: Step 1: Standard Certification (Please allow at least 90 days for entire process, once staff has received all required documents)

1. Complete and submit the KCATA MBE/WBE Certification Application along with required supporting documents to KCATA’s Diversity Compliance System. The applicant must first create a login with B2Gnow if the firm has not created a login on B2Gnow. 2. Your application and documents will be reviewed for completeness and accuracy. If we need to collect additional documents, we will notify you. 3. If your application is complete and we have no further questions, our office will contact you for an Onsite Review Visit (Onsite visits applies to Missouri firms only). If you are an out-of-state firm, you will need to seek MBE/WBE certification with an agency in your home state. 4. After the onsite review and all information have been collected, the application will be reviewed in its entirety to determine the firm’s eligibility to participate in the program. 5. A final determination will be made, and the applicant firm will be notified in writing regarding the decision. If the firm is approved for certification, the applicant will receive a letter of certification and certificate valid for three years. KCATA reserves the right to require an Annual Update Form along with supporting documentation during the threeyear certification for any reason. When KCATA denies a request for MBE/WBE certification by a firm that is not currently certified, it will provide the firm a written explanation of the reasons for the denial, specifically referencing the evidence in the record that supports each reason for the denial. The applicant will have to wait one year to reapply for MBE/WBE certification. All documents and other information on which the denial is based will be made available to the applicant upon request

Step 2: Streamlined Certification (Please allow at least 30-60 days for entire process, once staff has received all required documents) This process applies only to applicants whose principal place of business is in Missouri or Kansas and have been certified as an MBE/WBE by one of the following approved certifying entities: • • • • • • • • • •

Bi-State Development/METRO DBE Program City of St. Louis M/WBE Program Kansas City – Human Relations Department M/WBE Program Kansas City Area Transportation Authority (KCATA) DBE Program Lambert St. Louis Airport DBE Program Mid-States Minority Supplier Development Council MBE Program Missouri Department of Transportation DBE Program Missouri Office of Equal Opportunity M/WBE Program Mountain Plains Minority Supplier Development Council MBE Program National Women Business Owners Corporation (NWBOC) WBE Program 15

• •

St. Louis Minority Business Council MBE Program Kansas Department of Commerce MBE/WBE Program

Applicants must still meet the regulations of KCATA’s MBE/WBE program and certification by one of the programs listed above does not guarantee acceptance by KCATA. If the applicant is approved for certification, the certificate will be valid for three years. An applicant must complete the MBE/WBE Certification Application and submit the required documentation including a copy of the applicant’s current certificate that has at least 90 days before its expiration date. A notarized affidavit signed by the applicant shall be uploaded to KCATA Diversity Compliance System with the required documents to complete the application process. The applicant is required to retain the original in their records. Step 3: MBE/WBE Annual Update Process If approved, the certification will last for three years. KCATA reserves the right to require an Annual Update Form along with supporting documentation during the three-year certification for any reason. KCATA will have 35 days to review the Annual Update upon submission by the applicant firm. It is the firms’ responsibility to notify KCATA of any changes in the firm that may affect its certification. KCATA reserves the right to remove a firm’s certification if it determines the changes render the firm ineligible to continue in the Program. •

• • • • • • • • • • •

MBE/WBE Annual Packet o Updated general information o NAICS Code Expansion Form or Change Request Form o MBE/WBE No Change Affidavit Copy of Business Federal Income Tax Returns for the past year. Copies of Personal Federal Income Tax Returns for the past year (for each owner). End of the year Balance Sheets and Income Statements. Current Licenses/Permits Required to Provide or Product (i.e. Trades, Professional Licenses for current licenses). Business License for current year. Copy of a Contract and/or Invoice for Services that you performed within the past year. Current Copy of Employee Payroll/ Certified Payrolls Personal Net Worth Form (if necessary) For Corporations only: o Minutes of all Stockholders and Board of Directors Meetings for the last year. For Partnerships only: o Any amendments to the most recent partnership Agreements made within the last year.

Confidentiality KCATA will safeguard from disclosure to third parties any information that may reasonably be regarded as confidential business information, consistent with federal, state and local law. As a governmental entity, KCATA is subject to the Missouri Sunshine Public Information Act, under this act, information in the possession of a governmental body is generally available to the public. However, the law does provide exceptions to release, and KCATA will assert such exceptions applicable to information submitted to support an entity’s DBE/SBE certification.

Additional Small Business Efforts How Can I Participate? •

Get certified. Although vendors are not required to be certified in order to do business with KCATA, KCATA projects that have DBE, MBE, WBE, and SBE goals require certified vendors. KCATA is a certifying agency. Only those businesses that are verified as having current DBE, MBE, WBE, or SBE certification are considered as viable prime or subcontractors in KCATA’S procurement process, where such participation is required.

•

Register. KCATA NOW utilizes the B2Gnow software for vendor registration, contract compliance, payment verification, and posting all formal procurement opportunities. Vendors doing business with VIA must register on this system. KCATA has prepared manuals specifically to assist vendors with the registration processes.

•

Sign up for Electronic Payment (ACH). KCATA now has the ability to pay vendors directly into a business account. Contact KCATA’s Finance Department to set up your electronic payment verification.

•

Share Information and Network. Check KCATA’s website under the “Doing Business with KCATA” tab on a regular basis to stay informed of solicitations. Attend pre-bid conferences and events to promote your services. Have your information available and ready to go. If you are a small business, many subcontracting opportunities present themselves when you approach a prime contractor to offer your services.

•

Participate in Educational Opportunities. Training opportunities for certification, financial reporting, and managing a small business, are offered throughout the year by KCATA. Missouri UCP Partners and other community organizations dedicated to promoting minority and women-owned businesses. These are usually free or offered at a minimal fee. KCATA’s Procurement and DBE staff participate in many functions

concerning small business issues including, but not limited to, trade shows, workshops, and seminars. •

Outreach. KCATA periodically sponsors outreach efforts such as quarterly meetings, annual conference and other work sessions which are focused on educating small businesses on all aspects of KCATA’s procurement rules and regulations. On occasion, KCATA will invite other entities committed to assisting small businesses to these outreach efforts. Whenever the opportunity arises, KCATA will present oral presentations concerning our small business programs and encourages small, minority and women owned businesses to seek certification. Be sure to participate in training or capacity building activities when these are advertised.

•

Ask for help. If you have a question or do not understand what requirements are being requested on a particular solicitation, ask for assistance from the Procurement or DBE staff.

Open Door Policy KCATA’s DBE/ SBE and Procurement Department have an open-door policy and will assist any business or prospective small business or DBE firm. Vendors are encouraged to contact KCATA staff with any questions or concerns. The Procurement department is located at 1300 E. 17th St. Kansas City, MO 64108, Building 1 2nd Floor. The phone number is (816) 346-0366 and the fax number is (816) 346-0336.

Small Business Industry Day: May 4, 2022

RideKC Transit Providers: • Kansas City Area Transportation Authority (KCATA) • Johnson County Transit (JCT) • IndeBus • Unified Government Transit • KC Streetcar Authority (KC Streetcar)

How Do We Help Small Businesses? • Creating Civil Rights Department • DBE/SBE Programs • SBE set-aside projects • Highest DBE goal in the region

• WBE/MBE Programs • Quarterly Workshops • Active members with the Conference of Minority Transportation Officials (COMTO) • Unsolicited Proposals • Streamlined Certification Process • Streamlined Payment Process • Work with various Community Based Organizations

Disadvantaged Business Enterprise (DBE) 49 C.F.R. Part 26 Key considerations include, but are not limited to: • Ownership: Your business must be 51% owned by a socially and economically disadvantaged individual (s) • Personal Net Worth (PNW) that does not exceed $1.32 million, which excludes equity in the firm. • Business Size Determination: The firm’s size which is based on annual receipts (based on a three-year average) or the number of employees, cannot exceed the Small Business Administration’s size standards ($22,410,000) based on the firm’s primary function and NAICS codes.

Disadvantaged Business Enterprise (DBE) 49 C.F.R. Part 26 Other considerations: • Independence: Only an independent business can be certified as a DBE. • Control: A disadvantaged owner seeking certification must possess the power to direct or cause the direction of the management and policies of the firm. • Burden of Proof Allocation: Applicants carry the initial burden of proof regarding their eligibility and must demonstrate that they meet all the requirements.

Missouri Regional Certification Committee (MRCC) • To be considered a DBE in the state of Missouri, your business must be certified with the one of the following agencies: • • • • •

Kansas City Area Transit Authority (KCATA) Missouri Department of Transportation (MoDOT) Bi-State Development Lambert St. Louis Airport Authority City of Kansas City, MO (KCMO)

• These agencies comprise the Unified Certification Program (UCP) or “one-stop” certification process.

Interstate Certification Interstate Certification was introduced by USDOT in 2014 to further several fundamental objectives of the DBE program: • Facilitating the ability of DBE firms to compete for DOT-assisted contracts • Reducing administrative burdens and costs on the small businesses that seek to pursue contracting opportunities in other states • Fostering greater consistency and uniformity in the application of certification requirements— while maintaining program integrity

Small Business Enterprise (SBE) Pilot Program • The program operates in a race and gender neutral manner and is designed to include all segments of the business community. • Key Consideration - In order to be eligible as a Small Business Enterprise, firms must: • Fall within the Small Business Administration’s size guidelines; and • Small Business Enterprise Declaration of Certification Affidavit • the Owner’s Personal Net Worth (PNW) cannot exceed the cap determined by USDOT (as amended) which is currently $1.32 million. • Disadvantaged Business Enterprises (DBEs) are small businesses and are automatically included in the SBE program.

Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) Program • Began KCATA March 1, 2020 • Will also utilize an online certification process • Based on locally-funded projects • MBE goal 2020-2022 11% • WBE goal 2020-2022 10%

Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) Program • Based on 49 C.F.R. Part 26, Subpart D (§26.61through §26.73) where applicable, and Subpart E (§26.81 through §26.87) where applicable as part of the application process. • The minority and/or woman owner must be a citizen of the United States or have been lawfully admitted as a permanent U.S. resident.

Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) Program • The business must meet Small Business Size Standards as defined in the U.S. Small Business Administration guidelines • The business must independent, viable and For-Profit • The business must perform a Commercially Useful Function (CUF) • The business may be a sole proprietorship, limited liability, partnership, corporation or any other legal form of organization.

Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) Program • The business must be at least 51% owned and controlled by a minority or woman. Ethnic minority is defined as any business having owner(s) belonging to the following minority groups: • “Black Americans,” “Hispanic Americans,” “Native American,” “Asian-Pacific Americans,” “Subcontinent Asian Americans, Women; or • Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.

Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) Program • The firm’s ownership by minority and/or woman individuals must be real and substantial. • The MBE/WBE owner must control the management and daily operations of the business. • Note: The MBE/WBE Certification does not have a Personal Net Worth requirement.

There are three different ways to become MBE/WBE certified with KCATA: Step 1: Standard Certification • Complete and submit the KCATA MBE/WBE Certification Application along with required supporting documents to KCATA’s Diversity Compliance System. • Conduct an Onsite Review Visit (Onsite visits applies to Missouri firms only). If you are an out-of-state firm, we will contact your home state to obtain a copy of the onsite report (Please see Step 3) • A final determination will be made, and the applicant firm will be notified in writing regarding the decision

Step 2: Streamlined Certification Only for firms located in Missouri and have been certified as an MBE/WBE by one of the following approved certifying entities: • Bi-State Development/METRO DBE Program • City of St. Louis M/WBE Program • Kansas City – Human Relations Department M/WBE Program • Kansas City Area Transportation Authority (KCATA) DBE Program • Lambert St. Louis Airport DBE Program • Mid-States Minority Supplier Development Council MBE Program • Missouri Department of Transportation DBE Program • Missouri Office of Equal Opportunity M/WBE Program • Mountain Plains Minority Supplier Development Council MBE Program • National Women Business Owners Corporation (NWBOC) WBE Program • St. Louis Minority Business Council MBE Program Applicants must still meet the regulations of KCATA’s MBE/WBE program and certification by one of the programs listed above does not guarantee acceptance by KCATA. If the applicant is approved for certification, the certificate will be valid for three years.

Step 3: Out-of-State Certification This process applies only to Out-of-State applicants whose principal place of business is located outside of Missouri. KCATA may certify out-of-state minority and women-owned business applicants under the following conditions: • The applicant must be certified by their home state. The applicant’s home state certification process must be based on 49 C.F.R. (Code of Federal Regulations) Part 26. • KCATA will not conduct on-site inspections outside the State of Missouri.

Online Certification The Kansas City Area Transportation Authority (KCATA) Diversity Management System (B2Gnow) is designed to empower vendors to manage their own vendor record including certification, maintain accurate contact information, vendor registration, and submit contract payment details online. The system is accessible to all firms doing business with KCATA. Other key features include:

Online Certification • Electronic Certification Application process including New Applications and Renewal Applications; • Tracking of vendor certification applications from submission to completion; • Automated communication with contractors via email regarding compliance issues; • Prime submission of subcontractor payments • Enhanced online certified directory Elimination of paper-based reporting. • Processed within 45-90 days based on date of receipt.

KCATA Minority Contractor Goals • Our Overall DBE Goal 2021-2023 for all of our Federally Funded Projects is 23% • DBE Goals can only be set on contracts with subcontracting responsibilities • Our Goal as an agency is to meet or exceed this goal when possible • We encourage MBE, WBE, DBE, VOB and SBE participation on all our projects

Subcontractor Agreements • The subcontractor and the general contractor should draw up an agreement that outlines the rights, obligations and duties of both parties. • The subcontractor is only liable for his own actions. The date work is to begin and end also needs to be listed on the agreement. • Federally funded contracts should include Federal contract clauses in the subcontractor agreement as well.

DBE Related Federal Contract Clauses •Prompt Payment Mechanisms • Retainage • Monitoring and Enforcement

•Good Faith Efforts •Termination of DBE Subcontractor •Dispute Resolution

Procurement Guidelines • KCATA’s procurement policy is to ensure full and open competition using professional, ethical and legal procurement methods. As a condition of receiving federal funds, KCATA is required to follow the guidance and regulations established by FTA, DOT and federal government. • Our staff is committed to providing vendor outreach, education and support for all vendors to make sure that the procurement process is smooth and successful for everyone, and that longterm relationships are established.

Procurement Guidelines • KCATA procurements can include but are not limited to the following: • Materials and Supplies • Equipment, Vehicles and Rolling Stock • Services (including Professional, Architectural and Engineering) • Construction and Capital Projects

How to Become a Registered Vendor with KCATA • Go to www.kcata.diversitycompliance.com • Vendor registration form (If you are a SBE, MBE, WBE or possess any other certification please attach documentation supporting that status) • Copy of your current W-9

KANSAS CITY AREA TRANSPORTATION AUTHORITY

Forecast of Upcoming Procurements

KANSAS CITY AREA TRANSPORTATION AUTHORITY Used Motor Oil & Transmission Fluid Analysis

Upcoming Bid Opportunites: •

•

Air Compressors Replacement for KCATA Wheel Alignment Machine IT Room Upgrades Speed/Fast Acting Doors Vacuum System for Service Line Paint Booth Security Cameras Project for KCATA Complex Kristen mmendorfer/ kemmendorfer@kcata.org

KANSAS CITY AREA TRANSPORTATION AUTHORITY Used Motor Oil & Transmission Fluid Analysis

Upcoming Bid Opportunites: •

•

Tranmission ans Oil sample Analysis Allision Transmission OEM Parts

Larry Williams/ lwilliams@kcata.org

KANSAS CITY AREA TRANSPORTATION AUTHORITY OTHER CURRENT & FUTURE PROJECTS:

Construction Manager for Central Services Construction (Spring 2022)

TO VIEW ALL CURRENT & FUTURE PROJECTS Go to: https://www.kcata.org/about_kcata/entries/current_opportunities

How to View open bids • All open bids are available to be seen online • Go to www.kcata.org • When on the page click Doing Business • Then scroll down and click on Current Opportunities • Once on the page scroll down and see all current opportunities, please look closely at the closing date and time.

5 Ways to Build Success • Build Relationships with larger firms and project decision-makers • Attend Pre-Bid Meetings, Agency Board Meetings, and Vendor Fairs

• Take Part in Programs • Mentor-Protégé, Supplier Diversity Programs, HUBZone Programs and Vendor Registration

• Bid and Win Smaller Projects First • Don’t Ignore the Private Sector • Be Aware of the Graduation Limits

WHAT HAPPENS DURING THE PROCUREMENT PROCESS

BI-STATE DEVELOPMENT PROCUREMENT DIVISION 

Deborah Rowey – Director of Contracting & Strategic Sourcing 



Consist of three (3) Category Managers and six (6) Contracting Officers

Cris Betta – Director of Material Planning  

Consist of 5 Buyer/Planners Material Management team procure inventory items



William (Bill) Dee – Asst. V.P. of Procurement



Gregory Smith – V.P. of Procurement, Supplier Diversity, Materials Management and  Warehouse Distribution



Thomas Curran – Executive V.P. – Administration

TYPES OF PROCUREMENT 

REQUEST FOR QUOTATION – method used for small purchases.



REQUEST FOR PROPOSALS –method used to acquire goods and/or services that allows Bi-State’s technical expert(s) to be involved.



SEALED BIDS / INVITATION FOR BID – method used for acquiring goods, services and construction for public use. The Acronyms often used for these types of procurement are: RFQ, RFP, SB/IFB.

SOLICITATION BOILERPLATES CONTENT 

BSD Solicitations includes the scope of work / technical evaluation requirements and the forms/documents that vendors are required to complete and return with their quote/bid and or proposal.



The solicitation also includes links to websites and the required forms to be submitted. Vendors are to download the forms in order to complete, sign and return with your bid and/or proposal.



The federal and general terms and conditions are also provided via link within the solicitation, vendors should make sure to click on the links to review.

PRE-BID / PRE-PROPOSAL CONFERENCES 

Pre-Bid / Pre-Proposal Conferences are conducted mainly for Sealed Bid and/or Pre-Proposal solicitations. The date, time and location of the conference is indicated in the solicitation.



One of the main reasons for conducting a pre-bid/pre-proposal conference is to explain the requirements and/or technical evaluation factors.



Allows the bidders/proposers in attendance to ask questions regarding the solicitation content and in some instances, view the site where the work is to be performed; which BSD refers to as a Site Visit.

AMENDMENT



The solicitation provides a date/time that vendors can submit questions.



If any questions are received, an amendment is issued via iSupplier to all of the bidders/proposers to provide responses to these questions so that all bidder/proposers have the same information.



An amendment may also be issued to clarify or correct any significant ambiguities, errors or omissions in the solicitation.



Please note that there may be more than one Amendment issued if necessary.

SECURITY OF BIDS / PROPOSALS

All bids/proposal secured in iSupplier are not viewed until the advertised date.

opening

LATE BIDS / PROPOSALS 

iSupplier will not allow late bids/proposals. The system closes automatically at the time designated. Bi-State normally uses 2:00 p.m. St. Louis time as the deadline time that quotes/bids/proposals are due.

Note: Please allow adequate time so that your firm’s quote/bid/proposal is submitted on time. If you need assistance in submitting your quote/bid /proposal, please contact the appropriate Contracting Officer to assist you. No other form of submittal (Ex. Email) will be accepted.

CANCELLATION OF A SOLICITATION If a solicitation is cancelled, a notice is sent to all bidders/proposers on the Bidder’s / Proposer’s List explaining the reason for cancellation with the intent to allow the bidders/proposers the opportunity to bid the re-solicitation of this requirement. Examples of reasons for cancelling a solicitation are as follows: 

The requirement no longer exists or has substantially changed; specifications have been revised.



No responsive bid has been received from a responsible bidder.



Inadequate or ambiguous specifications were cited in the solicitation.



The solicitation did not provide for consideration of all factors affecting price.



All other acceptable bids are at unreasonable prices.

AWARD OF SEALED BID AND REQUEST FOR QUOTATION 

Upon receipt of the bids/quotes, the Procurement professional reviews all of the bids/quotes received for responsiveness/responsibility.



When there is adequate number of known suppliers; award of SB/RFQ can typically be made to the lowest, responsive, responsible Bidder / Quoter. ❑

Lowest – Bidder/Quoter who has offered the most advantageous price.

❑

Responsive – Bidder/Quoter’s submission conforms to all material respects to the requirements set forth in the solicitation.

❑

Responsible – Bidder/Quoter has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract.

AWARD OF REQUEST FOR PROPOSAL 

Request for Proposals will be awarded to the responsible firm whose proposal is most advantageous to BSD with price and other factors considered.



Request for Proposals involves an evaluation committee often consisting of BSD employees who will be the end users of the goods and/or services. ▪

First we evaluate the firm’s technical capabilities

▪

Secondly, we evaluate cost

▪

We combine the technical and cost scores, based on the results, award is made to the highest ranking firm.

AWARD OF A & E SERVICES 

Architectural and Engineering (A and E) Services will be awarded in accordance with the Federal Brooks Act.



The Brooks Act requires that: ▪

qualifications be evaluated;

▪

price be excluded as an evaluation factor;

▪

negotiations be conducted with only the most qualified offeror

▪

Once the ranking of the firms have been established, BSD proceeds with requesting a cost proposal from the highest ranking firm. If necessary negotiations may be required. Therefore, BSD proceeds with negotiating, if an agreement cannot be reached, BSD will terminate negotiations with this firm and proceed with requesting a cost from the second highest ranking firm. This process may continue until award can be made to the most qualified offeror whose price is fair and reasonable.

NOTICE OF INTENT TO AWARD (NOIA) 

A Notice of Intent to Award (NOIA) will be issued. Depending on the dollar value of the project, we are required to obtain approval from our Board of Commissioners. If Board approval is required, then the NOIA cannot be issued until approval is received.



The award notice will require the successful bidder/offeror to provide all appropriate insurance coverage based on the insurance requirements provided in the solicitation.



For construction projects, performance and payment bonds (guarantees) and other documents are required before a Notice to Proceed can be issued.



If a DBE Goal was assigned to the project, bids/proposals are forwarded to BSDs Supplier Diversity Dept. to review and determine if the DBE Goal was achieved. If applicable the solicitation will indicate that the Bidder can submit certain DBE documentation to BSD within 3 working days from the receipt of bids.



BSD will issue the NOIA to the prime bidder/proposer. It is the responsibility of the prime firm to advise its DBE and non-DBE sub contractors.

NOTICE TO PROCEED (NTP) 

Notice to Proceed (NTP) is issued to the successful bidder/proposer. starts the clock on the project.

The NTP



For construction projects, the NTP may be issued to the successful contractor at the pre-construction conference along with the executed conformed contract.



For services, it may be issued during a project kick-off meeting.



The Conformed Contract consist of the successful firm’s cost (bid/cost proposal forms), technical capabilities, scope of work, insurance requirements and terms and conditions.

PURCHASE ORDER 

A Purchase Order is processed; which is the internal mechanism used to pay the successful firm for the goods and/or services.



It is important that the successful bidder / proposer indicates the Purchase Order Number on their invoice(s). Failure to do so may delay the payment process.



The Purchase order number is provided to the successful bidder/ proposer in the Notice to Proceed.

DEBRIEFINGS FOR COMPETITIVE NEGOTIATIONS (RFPs ONLY) 

Any unsuccessful offerors who have met all requirements of the solicitation may request a debriefing. The debriefing request must be in writing to BSD.



Debriefings may be beneficial to the unsuccessful firm(s) because it provides feedback regarding the firm’s capabilities and helps the firm to identify where they fell short and/or determine if any improvements are required.

REFERENCES  

FTA – Federal Transit Administration FTA 4220.1F: - Regulations and Guidance to Third Party Contracting



https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/thirdparty-contracting-guidance



FTA Best Practices Manual:



https://www.transit.dot.gov/funding/procurement/third-partyprocurement/best-practices-procurement-manual



Bistatedev.org

http://www.bistatedev.org/vendor-resources/procurement/

QUESTIONS

WHAT HAPPENS DURING THE PROCUREMENT PROCESS

VENDOR REGISTRATION 

Vendors who wish to participate in BSD procurements can register for BSD’s iSupplier program. The use of this web-based system comes at no cost to you (the vendor).



The following are necessary to participate in BSD’s procurement process: 

Internet connectivity Valid e-mail address BSD iSupplier registered user



Once registered, you will be able to access real-time information on your vendor purchase orders, query invoice statuses & payments, and view & quote on BSD solicitations. Additionally, you can select NAICS codes applicable to your business in order to have an e-notification sent to you when a solicitation is issued for an item or services in your field of experience.



To register, go to Current Opportunities and access “iSupplier”. Instructions and links are available to assist you with registration.

iSUPPLIER 

All of BSD’s solicitations can be found on-line using iSupplier/Sourcing but it is much more than just a bidding program. It is available to you 24 hours a day, 7 days a week. You can manage your information with BSD including contact information, addresses, business classifications as well as what products and services you wish to provide to BSD. (Signing up for products and services generates emails to you whenever a solicitation is published for these products and services.)



You can access any previous quotes you submitted as well as any purchase orders with BSD, including payables information.

NEW SUPPLIER REGISTRATION 

If your company has never done business with Bi-State Development click on the following link to get your user ID and password.



This only works for vendors new to BSD. If you get an error when trying to register most probably it is because you have done business with BSD in the past. Send an email to procurement@bistatedev.org with details of your issue and we’ll get back to you promptly.



If you know you’ve done business with BSD or you are unsure about your status send an email to procurement@bistatedev.org and we’ll send you an invitation to join. Be sure to include your company’s name and the email addresses of any individuals who need access. You can have as many iSupplier users as you require.



Below is a link to access a user guide for iSupplier/Sourcing. We suggest that you don’t download or print this guide but save the link in your Favorites for easy availability. The index in this document is tabbed; just click on a subject and it will take you to that page.



Link to User Guide



If you want to go to the login page click on the following link:



Link to Login Page

QUESTIONS

Roundtable with the Industry, Trade Organizations and Small Business Advocacy Groups

BY THE NUMBERS… • SUPPLIER/SERVICE PROVIDERS = 266 • SPECIALTY CONTRACTORS = 142 • CONTRACTORS & CONST. MGRS. = 91 • EMERGING MEMBERS (ALL CATEGORIES) = 22 • INDUSTRY PARTNERS OR INDIVIDUALS = 9

BY THE NUMBERS… • HUNDREDS MORE BRANCHES

THROUGHOUT MISSOURI AND THE MIDWEST!

THREE GENERAL CATEGORIES OF WORK COMMERCIAL BUILDINGS • • • • •

SINGLE STORY TO HIGH RISE EDUCATION MEDICAL RESTAURANTS MULTI-FAMILY

HIGHWAYS & TRANSPORTATION • • • • •

MODOT AIRPORTS RAIL SYSTEMS CITIES COUNTIES

UTILITIES & INFRASTRUCTURE • • • • • •

STORMWATER WASTEWATER FRESH WATER POWER LINES CELL TOWERS

CABLE/BROADBAND

SERVICES WE PROVIDE… • DIVERSITY/INCLUSION SUPPORT & CONSULTING • WORKFORCE DEVELOPMENT • PROFESSIONAL DEVELOPMENT COURSES • SAFETY TRAINING SERVICES & CONSULTING • ORGANIZED LABOR RELATIONS • PUBLIC POLICY SUPPORT • BUSINESS DEVELOPMENT & NETWORKING EVENTS • INDUSTRY INFORMATION

MEMBERSHIP INVESTMENT SCHEDULE

FOR MORE INFORMATION: STEVE LEWIS | VICE PRESIDENT ASSOCIATED GENERAL CONTRACTORS OF MISSOURI (AGCMO) DIRECT 314.480.3180 EMAIL: SLEWIS@AGCMO.ORG WWW.AGCMO.ORG

INDUSTRY DAY

Your Site Team

Jeremy Bennett

Aaron Griesheimer

Executive Director

Director of Education & Training

Burnèa Lester, M.A., Ed.M. Director of Communication & Community Relations

Visio n Sta te me nt

WE RE PRE S E NT 7 D IVIS IO NS + AS S O C IATE S

All construction projects are safe, diverse, profitable, and executed with quality workmanship. Missio n Sta te me nt

SITE supports Eastern Missouri contractors for the betterment of the construction industry through advocacy, labor relations, training, and networking.

O ur Me mb e rship =20

=20

226

Members

1 24

over

MWBE Member s

LABOR RELATIONS GOVERNMENT ADVOCACY

contractors

OUR SERVICES SAFETY TRAINING

YEARS OF SERVICE

NEW BUSINESS OPPORTUNITIES LEADERSHIP DEVELOPMENT NETWORKING

WE WORK IN THE DETAILS…

1 2 3

One-On-One PARTNERSHIP

We Suppor t, Par tner, Advocate, and Champion our WMBE members by assisting them with a step-by- step strategic plan.

BUILD STRATEGIC RELATIONSHIPS

We understand that relationships are imperative to building your business. We love facilitating par tnerships within our SITE community.

Have Fun!

Self-care and mental health are impor tant to SITE. We host net working events that put our members in a position to build their net work & make new friends.

NEXT STEPS WITH SITE Schedule a One-on-One It can be hard…We want to hold your hand and partner with you in building a successful business.

Become a Member We v a l u e a n d w e l c o m e yo u r v o i c e . I f S i t e i s a g o o d f i t f o r yo u , t h e n b e c o m e a m e m b e r.

Visit Our Website www.sitestl.org Follow Us SCAN THE QR CODES FA C E B O O K – S i t e I m p r o v e m e n t A s s o c i a t i o n LINKEDIN – Site Improvement Association STL

W W W. S I T E S T L . O R G

T H A N K

Y O U

Jeremy – Jeremy@sitestl.org Aaron – Aaron@sitestl.org Burnea – Burnea@sitestl.org

ST. LOUIS COUNCIL OF CONSTRUCTION CONSUMERS

EXECUTIVE DIRECTOR

KELLY JACKSON FUN FACTS: • 24 Years in the AEC industry/real estate • 3.5 years at the SLC3 • 1st Female Exec. Director in 51 yrs. • Worked in Marketing and Business Development for 27 yrs • Degrees in Marketing, Advertising, Media Communications, and Legal Studies

• Love to connect especially on LinkedIn • 170+ Organization Members • Direct over 15 committees and 26 events • Business Owner 10+ yrs

I. SLC3 Overview The SLC3 has existed for 51 years and was founded to provide a means for collaboration among large consumers of constructions for the intent of establishing best practices for better project delivery. The Council as

• Overview • Leadership • Pillars • Differentiator

often referred, is seen today is the premiere organization to earn continuing education credits from monthly training and education programs, network with all stakeholders in the AEC industry, and support diversity and inclusion efforts in our region. The organization is led solely by owner member representatives. Officers, members of the Executive Committee and the Board of Directors all must be owner members per the By-Laws. Chairs are also supposed to be owners only and Co-Chairs can be associate members. The four key pillars for the rebranding name, SLC3 include: Innovation, Education, Equity Empowerment, and Collaboration.

b. Vision & Mission Statements

II. Organizational Understanding

VISION STATEMENT: To be the regional leader in the design and construction industry for championing innovation through the

MISSION STATEMENT: Building a better future by uniting the greater St. Louis region’s design and construction

promotion of best practices,

community in achieving

continuing education, and

innovation, offering advanced

unmatched collaboration and

education, equity

relationship building among all

empowerment, and fostering

stakeholders in the St. Louis

collaboration among all

Region.

stakeholders.

C. 2022 Organization Leadership and Function

II. Organizational Understanding LEADERSHIP

Executive Leadership President Mark Winschel (Four Fourteen, LLC) Executive Director Kelly Jackson Immediate Past President Kevin Studer (Northstar Mgt) 1st Vice President Rich Unverferth (MSD) 2nd Vice President Anna Leavey (Leavey Consulting) Secretary Barb Cox (SSM Health) Treasurer Ryan Brandt (Ameren) Remaining Executive Committee Alan Detmer (Bayer) Bill Dyer (Cresa/Pace) Catherine Grasso (Mercy) Michael Hargrave (BJC Healthcare) Veta Jeffrey (St. Louis County) Julie Ledbetter (Washington University) Frank Niemeier (Ameren) Cameron Sloan (Boeing) James Swingle (Parkway School District) Vern Watts (Washington University) Staff: Kelly Jackson – Executive Director Rebecca Hutchison – Event and Administrative Coordinator

Board Members By Company (23 Owners): Todd Merseal (Afton Chemical) Frank Niemerg(Ameren) Alan Detmer (Bayer) Larry Jackson (Bi-State/Metro) Michael Hargrave (BJC Healthcare) Cameron Sloan (Boeing) Geoff Drumm (Bunge) Rich Bradley (City of St. Louis) Lonny Boring (Great Rivers Greenway) Deedra Sagerty (Hazelwood School District) David Kaltwasser (ICL Performance Products) Gerald Beckmann(Lambert Airport) Mark Hunter (Mallinkrodt) Catherine Grasso (Mercy) Rich Unverferth (MSD) Rebecca Losli (MO American Water) Kevin Studer (Northstar Mgt.) James Swingle (Parkway School District) Barb Cox (SSM Health) ? (St. Louis Community College) Veta Jeffery (St. Louis County) Neal Richardson (St. Louis Development Corporation) Mark Winschel (The Opus Group) J.D. Long (Washington University)

C. 2021 Organization Leadership and Function

II. Organizational Understanding

Committee Chairs & Co-Chairs Executive (Mark Winschel, The Opus Group)

Subcommittees/Affiliations: Diversity Advancement Committee (Christy Cunningham)

Training and Education (Monica Conners, Ameren) and (Katie Goldberg, IMEG)

Emerging Leaders (Ryan Brandt, Ameren)

Safety and Health (Michael Hargrave, BJC Healthcare) and (Deborah Kempf, Kadean Construction)

Executive

Training & Ed

Diversity (Julie Ledbetter, Washington University) and (Jeanie Brewster, Certify Now) Membership (Francis Niemeier, Ameren) and (David Kehm, Christner) Golf (Tom Estrel, Bunge) and (David Kehm, Christner)

Diversity

Health & Safety

Awards (Barb Cox, SSM Health) and (Art Buckowitz, IWR (BP) and (Nicole Adewale, ABNA (Div.)) Clay Shoot (Ted Guhr, Tarlton) and (Catherine Grasso, Mercy) Strategic Planning Committee (Kelly Jackson, SLC3)

Membership

Golf

Awards & Gala

Clay Shoot

Women In Construction (WIC) – Brandy Scheer, Scheer Resources Construction Alliance (AGC) (Owner Member Only) SLCC (Owner Members Only) Joint Engineering Collaborative AGC/SLC3 Liaison (Owners Only) MCA Liaison MGA Liaison Workforce

d. Membership Overview Markets + Professions

II. Organizational Understanding Associate Breakdown 5% 12%

10%

20%

51% Architects

Engineers

Contractors

Suppliers

Prof. Serv.

Associations

Membership Types:

The membership structure includes several member types which our defined to the right. The largest population of members are associate members. Owners currently include 23 owner organizations. Membership lists follow.

Council membership is composed of some of the largest

Members come from a vast variety of industries/services:

Council is recognized as the voice of Owners in the St. Louis

Markets: • Industrial and Manufacturing • Federal Government • Local Government/Municipal • Higher Education • K-12 Education • Housing • Retail • Corporate/Office • Recreational • Transportation • Hospitality/Hotel Professions: • Architecture • Engineering • Environmental Science • Geotechnical • IT • MEP Engineering • Structural Engineering • Project Management • Program Management • Facility Management • Real Estate • Development • Furniture • Marketing/Communications • Insurance and Bonding • Laborers

construction consumers in the metropolitan area. Because of the size and volume of their construction activities, the region. Owner members as defined earlier hold authority over the organization and are given leadership roles. Associate and Emerging Members support the organization on the various committees. Note: It has become more vital for sustainability to appreciate the makeup of associate memberships. Many associate members are members so they con network with other associate members. Understanding who the primary associate members are will increase “secondary” associate members to join. Example are mechanical contractors who have various suppliers and partners looking to do business with them directly regardless of the end-user.

KEY TOP BENEFITS PER OUR MEMBERS! RANKED BY MEMBERS…

III. KEY BENEFITS

1. Training and Education Programs to obtain continuing education credits 2. Relationship building through networking with all stakeholders in the industry via events/programs 3. Pulse on industry: Trends, Economic Forecasts, DE&I Technology, Safety, Innovation 4. Resources: Trends, Information, Advocacy for diversity, equity, inclusion 5. Creation of guidelines for the industry 6. Information Exchange 7. Connectivity to organizations 8. Workforce Development

THE WHY…. •

III. SLC3 ADVANTAGES STRENGTHS

• • • • • • • • • •

Recognizes that process improvement means more $ to spend. Enhances Collaboration Advocate and Influence in the AEC industry Builds Partnerships Advocates Diversity and Inclusion Improvements within Owners and Prime firms Regional Update Information that is useful Understanding Owner Top Concerns Changes and Uses in Technology Forecasting Toolbox of contractors and designers Leadership Development

THE WHY…. • Health & Safety – Provides a platform to bring labor,

III. SLC3 ADVANTAGES STRENGTHS

• • • •

• •

trades, owners together for improving safety culture and substance abuse issues. Training and Education – Improving the region is something the programs can help to accomplish. Diversity Equity – Improving the region and putting ideas into action Policy – Voice for change in policy Networking – Need a way to networking with owners, partners, contractors, designers and we offer all of it. Associates and owners both have expressed more interest in networking at all our events. “Healthy Region” Staff with many skillsets/expertise to accomplish all tasks – lessoning need for additional staff or outsourcing

HOW TO GET INOLVED

Iv. MEMBERSHIPS

• Memberships: Associate, Sole

Proprietor, DBE, Emerging Leader • Attendee • Speaker • Volunteer

DIVERSITY, EQUITY & INCLUSION

THANK YOU …QUESTIONS? 2022

St. Louis Anchor Action Network

The Genesis

• Brings together business and civic leaders to create jobs, expand inclusive economic growth and improve St. Louis’ global competitiveness • Formed through the merger of five private-sector led and St. Louis-focused economic development and civic leadership organizations: • AllianceSTL • Arch to Park • Civic Progress • Downtown STL, Inc. • St. Louis Regional Chamber • Greater St. Louis Inc. is a steward of the STL 2030 Jobs Plan which is a 10-year roadmap to: • boost economic growth and opportunities for all • increase the number of quality, living-wage jobs • reduce racial disparities in employment and wealth-generation • Out of the STL2030 Jobs Plan, The St. Louis Anchor Action Network was formed by connecting with longstanding Anchor initiatives of Higher Ed and Healthcare systems.

The Mission and Vision

St. Louis Anchor Action Network (STLAAN) Our Mission St. Louis Anchor Action Network (STLAAN) drives sustained investment in

people and places, guided by a shared commitment to racial equity, remove barriers to economic opportunity and create a more inclusive regional community.

Our Vision We envision a future where everyone, everywhere in St. Louis can thrive. St. Louis Anchor Action Network (STLAAN) members are committed to Buying locally Hiring Locally Investing Locally

Current St. Louis Anchor Action Network Members

*Leadership and staﬃng provided by the University of Missouri-St. Louis and Edward Jones

Shared Prosperity • Developing and implementing wealth-building strategies to address longstanding patterns of inequity in our region

Focused Geography

• Aiming to increase employment, income, and wealth within these communities which face high poverty rates • Leveraging intentional hiring, career development, and spending in the focus geography (see map to right) to: • make substantial contributions to improved quality of life • address the racial wealth gap through inclusive growth • contribute to the well-being of the entire region

• • •

24% live below poverty line (region is 11.3%) 70% of the residents are Black Home to 50% of the region’s unemployed Black residents

These communities have amazing assets, passionate residents and businesses that power our economy. Thousands of the network's employees call this area their home.

The Action Plan for the Network Planning: Conducted a planning process that engaged 125+ community stakeholders (residents, community-based nonprofits, workforce development agencies, local businesses, and local government leaders who live or work in the footprint)

Insights learned: Community partners want to be engaged in thought partnership, co-design of strategies, and implementation Community members need help understanding how to best engage with anchor institutions Trust building is essential as many former promises to the community have been broken The goal should be improvement in community-level outcomes not just improvement in individual or institutional outcomes

• • • •

Actions to date: • • • •

Performed baseline data analysis Developed action plan and set impact goals Secured funding for first initial steps and staff Piloted programmatic efforts in hiring and purchasing which resulted in hires and awarded contracts

*Zoom Community Engagement session with the Community Builders Network of Metro St. Louis and St. Louis Association of Community Organizations

Services the St. Louis Anchor Action Network provides  Network resources for small businesses such as Employment Retention Tax Credit (ERTC)  Business events to hear about current projects(6- 12 months) available at Network members  First-hand opportunities to present your work to our Network members.  Connect with business development opportunities sponsored by Network with Business accelerators and Empowerment centers

Thank you! Director- Stefani Weeden- Smith Website: www.stlaan.org Email: info@stlaan.org

St. Louis Anchor Action Network

The Genesis

The Mission and Vision

St. Louis Anchor Action Network (STLAAN) Our Mission St. Louis Ancho Action Network (STLAAN) drives sustained investment in

people and places, guided by a shared commitment to racial equity, remove barriers to economic opportunity and create a more inclusive regional community.

Our Vision We envision a future where everyone, everywhere in St. Louis can thrive. St. Louis Anchor Action Network (STLAAN) members are committed to Buying locally Hiring Locally Investing Locally

The Current St. Louis Anchor Action Network Members

*Leadership and staﬃng provided by the University of Missouri-St. Louis and Edward Jones

Shared Prosperity • Developing and implementing wealth-building strategies to address longstanding patterns of inequity in our region

Focused Geography

• • •

24% live below poverty line (region is 11.3%) 70% of the residents are Black Home to 50% of the region’s unemployed Black residents

These communities have amazing assets, passionate residents and businesses that power our economy. Thousands of the network's employees call this area their home.

• • • •

Actions to date: • • • •

*Zoom Community Engagement session with the Community Builders Network of Metro St. Louis and St. Louis Association of Community Organizations

Thank you! Director- Stefani Weeden- Smith Website: www.stlaan.org Email: info@stlaan.org

Thank You

10701 Lambert International Blvd., St. Louis, MO 63145-0212 U.S.A. 314.426.8111 businessdiversity@flystl.com flystl.com/bdd