Request for Qualifications - Church Street Park Field Improvements

Town of Morrisville
North Carolina
Historically Underutilized Business
(HUB) Program
Town of Morrisville 1
Historically Underutilized Business (HUB) Program
Effective 1-26 -2004
Rev. 7-1-2009

TABLE OF CONTENTS
Page
INTRODUCTION......................................................................... 3
POLICY STATEMENT.................................................................. 4
OBJECTIVES.............................................................................. 5
DEFINITIONS............................................................................. 6-7
PROGRAM ADMINISTRATION
Owner Responsibilities.......................................................... 8-9
Designer Responsibilities........................................................ 9
Contractor Responsibilities..................................................... 10
Historically Underutilized Business Responsibilities...................... 11
Calculating Historically Underutilized Business Participation.......... 11
Monitoring Historically Underutilized Business Program Activity.... 12
Penalties............................................................................. 12
CONTRACT COMPLIANCE REQUIREMENTS
Compliance Requirements...................................................... 14
Bid Submittal Requirements.................................................... 15-16-17
Good Faith Efforts................................................................ 18
Documentation Forms............................................................ 19-27
Town of Morrisville 2
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

INTRODUCTION
The General Assembly adopted the provisions of Senate Bill 308 which amended G.S. 143-128 allowing all
public owners to advertise for bids for public building projects using single contract (single prime) system as
an alternative to the traditional separate (multi-prime) contracts system. Included in the amendments
adopted by the General Assembly was the requirement that each public owner adopt and implement a
Minority and Women's Business Enterprise (M/WBE) Plan that would include specific conditions to be
met for each public building project constructed under the provisions of G.S. 143-128.
The intent of these amendments was and still is to increase the opportunities for M/WBEs to become involved
in public building projects let to contract in North Carolina. Within the guidelines of Senate Bill 308 was the
requirement that each public body adopt an appropriate verifiable percentage goal for participation by minority
businesses in the total value of work for which a contract or contracts are awarded.
Each local government was given the responsibility for ascertaining their own appropriate verifiable
percentage goal(s). On January 26, 2004, the Town of Morrisville Board of Commissioners established a goal
of ten percent (10%) for minority participation in building construction contracts awarded that meet the
statutory threshold of $300,000.
The Town of Morrisville's Historically Underutilized Business (HUB) Program includes the following goals:
1) Establish a 10% HUB overall participation percentage goal in the building construction projects
meeting the statutory formal bid threshold expenditure level, and
2) Establish a 10% HUB overall participation percentage goal in the procurement of consulting and
professional expenditures related to building construction projects meeting the statutory formal bid
threshold expenditure level.
3) The overall program participation percentage goal will be reviewed annually or on a project by
project basis as soon as relevant data becomes available.
4) Historically Underutilized Businesses will have an opportunity to receive technical assistance in
licensing, bonding, certification, completing bid forms, clarification of any area of the contract in
which there are questions (not including estimates for any specific project), and other procedures
involved in securing Town contracts.
The services of the Town of Morrisville's Underutilized Business Program is not designed to provide
in-depth business management, estimating or other technical assistance to participants in bid
preparation and contract negotiations.
Town of Morrisville 3
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

OUTREACH PLAN AND GUIDELINES
FOR RECRUITMENT AND SELECTION OF
HISTORICALLY UNDERUTILIZED BUSINESSES FOR PARTICIPATION IN
THE TOWN OF MORRISVILLE'S BUILDING CONSTRUCTION CONTRACTS
In accordance with G.S. 143-128.2, effective January 26, 2004, these guidelines establish
goals for Historically Underutilized Business (HUB) participation in single-prime bidding, separate-prime
bidding, dual bidding, construction manager-at-risk, and alternative contracting methods on Town of
Morrisville building construction projects in the amount of $300,000 or more. The Outreach Plan shall also be
applicable to the selection process of architectural, engineering and construction manager-at-risk services.
The Town of Morrisville has a verifiable ten percent (10%) goal for Historically Underutilized Business
(HUB) participation by HUB businesses in the total value of work for each project for which a contract or
contracts are awarded for public building construction. The overall goal will be reviewed annually or as soon
as relevant data is available.
POLICY STATEMENT
To broaden opportunities for participation, increase competition, and ensure the proper diligent use of public
funds, it is the intent of the Town of Morrisville to provide minorities and women equal opportunity to
participate in all aspects of the Town of Morrisville's contracting programs. Opportunities include,
participation in construction and construction renovation projects, and lease agreements as they relate to
requirements established by federal, state, and local governments.
The Town of Morrisville is committed to economic development of small business enterprises and the
minority community and prohibiting discrimination against any person or business in pursuit of these
opportunities on the basis of race, color, sex, religion, national origin, age, disability, or veteran status.
The Town of Morrisville's Historically Underutilized Business Program (HUB) is not a set-aside program as it
relates to contracting, it is a voluntary goal program. Competitive bidding is required for all contractors,
subcontractors, suppliers and distributors. The HUB program encourages contractors to actively and
aggressively seek HUB participation.
Nothing in these guidelines shall be construed to require contractors or awarding authorities
to award contracts or subcontracts to or to make purchases of materials or equipment from HUB
contractors or HUB subcontractors who do not submit the lowest responsible responsive bid or bids.
It is further the intent of these guidelines that the Town of Morrisville, as awarding authority for construction
projects, and the contractors and subcontractors performing the construction contracts awarded, shall
cooperate, and in good faith do all things, legal, proper and reasonable to achieve participation by HUB in
each construction project as mandated by N.C.G.S. 143-128.2.
Town of Morrisville 4
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

OBJECTIVES
The primary objective of the Town of Morrisville Historically Underutilized Business Program will be
to focus on full utilization of minority and women businesses in the Town 's construction activities;
the assurance of a Good Faith Effort Program that benefits contractors, subcontractors and vendors
alike; and early conflict intervention of general and discriminatory concerns in addition to the
following areas of assistance:
Maintain and promote minority-owned and women-owned business utilization.
Increase the Town of Morrisville's knowledge of minority and women owned business firms and
become familiar with their product line.
Provide up-to-date information on Town bidding opportunities.
Management and technical assistance guidance and support throughout the process to ensure
significant minority and female business participation.
HUBs will have an opportunity to receive technical assistance in licensing, bonding, completing
bid forms, clarification of any area of the contract in which there are questions (not including
estimates for any specific project), and other procedures involved in securing Town contracts.
Provide and administer procedures for reporting and monitoring compliance of contract activity,
subject to the provisions of the HUB requirements of the Town of Morrisville.
Provide and administer procedures for resolving complaints of discrimination made against
businesses holding construction contracts with the Town of Morrisville.
Town of Morrisville 5
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

DEFINITIONS
Bidder
Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded
a public contract or subcontract.
Certification
Effective July 1, 2009, all HUB must be certified by the State of North Carolina at website
http://www.doa.nc.gov/hub/.
To qualify for certification, a firm must meet the definition of a minority person, as outlined
in accordance with N.C.G.S. 143-128, and/or be socially and economically disadvantaged as
defined in 15 U.S. C. 637 of the Federal Code.
Any person having a current 8(a) certification from the Small Business Administration is
considered socially and economically disadvantaged.
Construction Contract, Project or Program
A contract or project entered into by the Town of Morrisville for building construction or
repair work involving the expenditure of public funds in the amount of $ 300,000 or more.
Contractor
Any person, firm, partnership, corporation, association, or joint venture, which has contracted
with the Town of Morrisville to perform construction, work or repair.
Designer
Any person, firm, partnership, or corporation, which has contracted with the Town of
Morrisville to perform architectural or engineering work.
Hub Program Administrator
Owner's representative responsible for administering the Town's Historically Underutilized
Business Program
Minority
A person who is a citizen or lawful permanent resident of the United States and who is:
a. American Indian, that is, a person having origins in any of the original peoples of North
America
b. Asian American, that is, a person having origins in any of the original peoples of
the Far East, Southeast Asia and Asia, the Indian subcontinent, or the Pacific Islands
c. Black, that is, a person having origins in any of the black racial groups in Africa
d. Female
e. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or
Central American, or the Caribbean Islands, regardless of race
f. Persons qualifying as socially or economically disadvantaged
Minority Business
a. A business in which at least fifty-one percent (51%) is owned by one or more
minority persons, or in the case of a corporation, in which at least fifty-one percent
(51%) of the stock is owned by one or more minority persons or socially and
Town of Morrisville 6
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

economically disadvantaged individuals; and
b. Of which the management and daily business operations are controlled by one or
more of the minority persons or socially and economically disadvantaged individuals
who own it.
Socially and economically disadvantaged individual
Means the same as defined in 15 U.S.C. 637 of the Federal Code.
Socially disadvantaged individuals are those who have been subjected to racial or ethnic
prejudice or cultural bias because of their identity as a member of a group without regards
to their individual qualities.
Economically disadvantaged individuals are those socially disadvantaged individuals whose
ability to compete in the free enterprise system has been impaired due to diminished capital
and credit opportunities as compared to others in the same business area who are not socially
disadvantaged.
Owned and Controlled
A business which is (1) a sole proprietorship legitimately owned by an individual who is a
minority or female, (2) a partnership or joint venture controlled by minorities and/or females,
or (3) a corporation or other entity controlled by minorities and/or females and in which at
least 51% of the voting interests and 51% of the beneficial ownership interests are
legitimately held minorities and/or females. These persons must control the management and
operation of the business on a day-to-day basis.
Owner
Town of Morrisville.
Public Entity
State and all public subdivisions and local government units.
Subcontractor
A firm under contract with the prime contractor or Construction Manager-at-Risk for
supplying materials or labor and materials and/or installation. The subcontractor may or may
not provide materials in the subcontract.
Verifiable Goal
The Town of Morrisville has adopted written guidelines specifying the actions that will be
taken to ensure a Good Faith Effort in the recruitment and selection of female and minority
businesses for participation in contracts awarded.
Town of Morrisville 7
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

PROGRAM ADMINISTRATION
Responsibilities of the Owner
1. Develop, implement, manage, and monitor for compliance, the Town of Morrisville's Historically
Underutilized Business (HUB) Outreach Plan, as contained herein, in accordance with federal,
state, and local government requirements.
2. Work with minority-focused and small business groups that support Historically Underutilized
Business and small business inclusion in the solicitation of bids.
3. Place more emphasis on the importance of soliciting certified Historically Underutilized Business
firms and small businesses for subcontracting opportunities at pre-bid conferences and in the bid
documents. Examine specifications to identify special subcontracting opportunities and strongly
encourage prime contractors to solicit bids for subcontracts from HUB firms.
4. Hold meetings with the majority contractors to provide detailed information concerning
the Guidelines for Recruitment and Selection of Historically Underutilized Business, information on
G.S. 143-128 and G.S. 143-129, and to ensure that solicitations contain the clauses and goals required
by the program.
5. Explain the Town of Morrisville's Historically Underutilized Business participation requirements at
pre-bid conferences.
6. Assess the effectiveness of the HUB Program, and identify opportunities to enhance it, by
evaluating HUB participation and compliance and reviewing the "Good Faith Efforts" provided in
bid packages.
7. Identify subcontracting opportunities unique to each construction contract and project and
concentrate heavily on targeting certified HUB firms and small businesses that have
expressed an interest in Town of Morrisville projects.
8. Make available to minority-focused agencies, a list of subcontracting opportunities when they are
identified, and a list of prime bidders that subcontractors may wish to contact for subcontracting
consideration no later than 10-days prior to the bid opening.
a. A description of the work for which the bid is being solicited.
b. The date, time and location where bids are to be submitted.
c. The name of a representative of the Owner who will be available to answer questions about the
Project.
d. Where bid documents may be received.
e. Any special requirements that may exist, such as insurance, licenses, bonds and financial
arrangements.
9. Build new business relationships through networking and continue networking with other North
Carolina cities and counties to find out how their Outreach Program and HUB program is working and
sharing "best practices and ideas" to improve the program.
10. Participate in education opportunities throughout the community as they become available and
offer training sessions to share the Town of Morrisville's Outreach Plan with interested businesses
and organizations.
Town of Morrisville 8
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

11. On-going Communications Program.
Upon request, the Town of Morrisville will make available complete information on the Town 's
construction programs and projects and a brief description of each to HUBs, HUB associations,
assistance agencies, and training resources. A copy of this list will be maintained in the office of
HUB Program Administrator.
All bid notices for construction projects over $500,000 will be advertised in a daily newspaper having
general circulation in the area for which bids are requested. The Town will ensure that bid notices are
made available to HUB trade associations, minority economic development groups and HUBs with
capabilities relevant to the bid notices as identified by the HUB Source Listing.
Historically Underutilized Businesses will have an opportunity to receive technical assistance in
licensing, bonding, completing bid forms, clarification of any area of the contract in which there are
questions (not including estimates for any specific project), and other procedures involved in securing
Town contracts. The HUB Program Administrator shall be responsible for coordinating this
information.
12. Advertise upcoming bid opportunities in minority-focused media, if available.
13. Work with architects, consultants, and engineers to ensure that subcontracting opportunities are
more noticeable, that specific opportunities are identified and easily understood by potential
contractors and subcontractors.
14. Provide reports to the North Carolina State Department of Administration, minority
participation, as contained herein.
Designer
Under the single-prime bidding, separate prime bidding, dual bidding, construction manager-at-risk, or
alternative contracting method, the designer must do all of the following:
1. Attend the scheduled prebid conference to explain minority business requirements to the
prospective bidders.
2. Assist the owner to identify and notify prospective minority business prime and
subcontractors of potential contracting opportunities.
3. Maintain documentation of any contacts, correspondence, or conversations with minority
business firms made in an attempt to meet the goals.
4. Review jointly with the owner, all requirements of G.S. 143-128.2(c) and
G.S. 143-128.2(f) - (i.e. bidder's proposal for identification of the minority businesses that
will be utilized with corresponding dollar value of the bid and Affidavit Listing Good Faith
Efforts or Affidavit of Self-Performance of Work, if the contractor will perform work under
contract by its own workforce) - prior to recommendation of an award.
5. During the construction phase of the project, review "HUB Documentation for Contract
Payment" form with monthly pay applications to the owner and forward copies to the Town
of Morrisville.
Town of Morrisville 9
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009

Prime Contractor(s), Construction Manager-At Risk, and its First-Tier Subcontractors
Under the single-prime bidding, the separate-prime bidding, dual bidding, Construction
Manager-at-Risk and alternative contracting methods, contractor(s) must do all of the following:
1. Attend the scheduled prebid conference.
2. Identify or determine those work areas of a subcontract where minority businesses may have
an interest in performing subcontract work.
3. At least ten (10) days prior to the scheduled day of bid opening, notify minority businesses of
potential subcontracting opportunities listed in the proposal. The notification must include all
of the following:
(a) A description of the work for which the subbid is being solicited.
(b) The date, time and location where subbids are to be submitted.
(c) The name of the individual within the company who will be available to answer
questions about the project.
(d) Where bid documents may be reviewed.
(e) Any special requirements that may exist, such as insurance, licenses, bonds and
financial arrangements.
4. During the bidding process, comply with the contractor(s) requirements listed in the proposal
for minority participation.
5. Identify on the bid the minority businesses that will be utilized on the project with
corresponding total dollar value of the bid and Affidavit Listing Good Faith Efforts as
required by G.S. 143-128.2(c) and G.S. 143-128.2(f) or Intent to Perform Contract With Own
Workforce Affidavit.
6. Make documentation showing evidence of implementation of Prime Contractor, Construction
Manager-at-Risk and First Tier Subcontractor responsibilities available for review by Town of
Morrisville upon request.
7. Provide one of the following upon being named the apparent low bidder: (1) an Affidavit that
includes a description of the portion of work to be executed by minority businesses, expressed
as a percentage of the total contract price, which is equal to or more than the applicable goal.
This affidavit shall give rise to a presumption that the bidder has made the required good faith
effort; or (2) if the percentage is not equal to the applicable goal, then documentation of all
good faith efforts taken to meet the goal. The documentation must include evidence of all
good faith efforts that were implemented, including any advertisements, solicitations, and
evidence of other specific actions demonstrating recruitment and selection of minority
businesses for participation in the contract. Failure to comply with these requirements is
grounds for rejection of the bid and award to the next lowest responsible and responsive
bidder.
8. Identify the name(s) of minority business subcontractor(s) and corresponding dollar amount
of work on the schedule of values.
9. Submit with each monthly pay requests(s) and final payment(s), "HUB Documentation for
Contract Payment" for designer's review.
10. If at any time during the construction of a project, it becomes necessary to replace a minority
business subcontractor, immediately advise the owner in writing of the circumstances
involved. The prime contractor shall make a good faith effort to replace a minority business
subcontractor with another minority business subcontractor.
Town of Morrisville 10
Historically Underutilized Business (HUB) Program
Effective 01-26-04
Rev. 7-1-2009