Construction Manager at Risk Services for Fly High Lexington-Davidsonm County FBO Facility.pdf
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- Solicitation number
- 2026-029
- Issued by
- Davidson County, Lasker Town, North Carolina
About this file
This Request for Qualifications (RFQ) is issued by KEXX Davidson County Executive Airport in Lexington, North Carolina, seeking qualified Construction Manager at Risk (CM@R) firms to provide preconstruction and construction phase services for the Fly High Lexington-Davidson County FBO Facility Project. The project encompasses construction of a new approximately 9,607-square-foot steel-framed FBO terminal building with administrative offices, executive offices, passenger lobby, restrooms, conference spaces, and flight line operations functions, along with renovation of approximately 3,800 square feet of an existing wood-framed facility and site development of approximately 1.5 acres including parking, utility infrastructure, stormwater management, and airfield improvements. A non-mandatory pre-submission conference will be held on August 24, 2026, at 2:00 PM at the construction site. Qualifications are due by 3:00 PM EST on September 7, 2026, with a short list announcement on September 14, 2026, interviews on September 24, 2026, and CM@R selection by September 30, 2026. Preconstruction services will begin in October 2026, with construction start anticipated for February/March 2027 and an approximate 14-month construction duration. The project budget is $5,000,000 to $12,000,000, and the Owner has established a two-step selection process utilizing qualifications submissions followed by in-person interviews.
Compensation shall be submitted in separately sealed envelopes and includes a lump sum fee for preconstruction services and a lump sum fee for construction phase CM@R services, with the fee proposal envelope remaining sealed unless the firm is determined most qualified following the interview process. The Owner reserves the right to negotiate fees with the highest-ranked firm. Respondents must demonstrate experience assisting first-time CM@R clients, provide detailed past performance on five similar completed CM@R projects, and address their approach to meeting North Carolina General Statute 143-128.1 governing CM@R procurement, public competitive bidding of trade packages, HUB outreach, and transparent open-book procurement processes. The Owner will conduct reference checks on highest-scoring firms, verify bonding capability, and evaluate financial stability using AIA Document A305. Additional evaluation criteria include the firm's proximity to the project location, current and projected workload, quality control procedures, accident prevention program, litigation and safety history, and proposed project team qualifications. Interview scoring will assess communication clarity, safety performance, statutory compliance knowledge, airport-specific sensitivity, project understanding, and cost control capability. Selection and award are contingent upon successful negotiation of fees, scope, and contractual terms using the AIA A133 Standard Form of Agreement Between Owner and Construction Manager as Constructor.
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REQUEST FOR
QUALIFICATIONS
Construction Manager “At Risk” Services (CM@R) for
KEXX Davidson County Executive Airport Fly High Lexington — Davidson County FBO Facility Project
RFQ #KEXX-CMAR-2026-029 · WM2A Project No. 2026-029 Issue Date: August 3, 2026
Statements of Qualifications Due: 3:00 PM EST, September 7, 2026
WM2A Architects Built on Experience, Defined by Skill, Guided by Integrity.
RFQ #KEXX-CMAR-2026-029 · WM2A Project No. 2026-029
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FRONT MATTER
Solicitation Notice
Issuing Agency and Location Where Work Will Be Performed
KEXX Davidson County Executive Airport — 1673 Aviation Way, Lexington, NC 27292
Statements of Qualifications will be received until 3:00 PM EST on September 7, 2026, for furnishing the Goods/Services described herein.
INQUIRIES
Ryan V. McNeill Attorney 10 LSB Plaza, P.O. Box 1657 Lexington, NC 27293-1657 Telephone: (336) 249-2101 · Fax: (336) 249-4572 Email: rmcneill@bwspllc.com
Yancey Powers Architect, WM2A Architects 408B North Main Street Hillsville, VA 24343 Telephone: 478-745-4945 Email: Yancey@wm2a.com
QUALIFICATIONS PACKAGES SHALL NOT BE EMAILED OR FAXED.
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Certification of Offer
In compliance with this Request for Qualifications and all conditions imposed herein, the undersigned offers and agrees to furnish the Goods/Services indicated herein.
By signature on this solicitation, the undersigned certifies that this firm/individual and its subcontractors are properly licensed for providing the goods/services specified, and has the authority to bind the corporation.
Name and Address of Firm
City, State, Zip Code Telephone Number
Name (Please Print) Title
Fax Number E-mail Address
Contractor License No. / Class Specialty Codes
Date Signature (in Ink)
SMALL, WOMAN, MINORITY & SERVICE-DISABLED VETERAN-OWNED BUSINESS
Is this firm certified as a Small, Woman, Minority, and/or Service-Disabled Veteran-Owned Business? □ Yes □ No
If yes, indicate which: □ Small □ Woman □ Minority □ Service-Disabled Veteran-Owned
This public body does not discriminate against faith-based organizations in accordance with the Code of North Carolina, § 143.422-3, or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.
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SECTION 01
Introduction
KEXX Davidson County Executive Airport is soliciting Statements of Qualifications from experienced Construction Manager at Risk (CM@R) firms to provide preconstruction and construction phase services for the development of the Fly High Lexington — Davidson County FBO Facility Project.
This Request for Qualifications (RFQ) seeks qualified firms to submit statements of qualifications with the intention of providing CM services for the duration of the project up to, and pending successful negotiation of a Guaranteed Maximum Price, including construction phase services.
Construction management services for the project will begin immediately following execution of the AIA A133 Standard Form of Agreement Between Owner and Construction Manager as Constructor. Individual firms or teams desiring to be considered should submit a statement of qualifications indicating interest, relevant experience, and the ability to start work immediately.
1.1 Justification for CM at Risk Procurement Method
The Owner's staff has determined that it is in the best interests of KEXX Davidson County Executive Airport to procure the proposed renovation project construction work utilizing a Construction Management at Risk contract, because of the following benefits:
• Improved / shortened schedule that results in cost savings
• Improved / shortened schedule that results in a shorter period of inconvenience for KEXX Davidson County Executive Airport
• Improved quality due to collaboration between the architect, construction manager, and Owner
• Reduction of costly, time-consuming change orders
• A better planned and coordinated project, with team members working together to achieve the project goals
COMPETITION INTENDED
It is the Owner's intent that this RFQ and subsequent process will permit fair competition. It is the Offeror's responsibility to advise the Owner in writing if any language, requirement, specification, or combination thereof inadvertently restricts or limits the requirements stated in this RFQ to a single source, or otherwise restricts competition.
All comments, questions, or requests for clarification, including any notification regarding restrictions to competition, must be received by the Owner no later than seven (7) days prior to the Qualifications deadline.
Offerors may not rely on any oral explanations, clarifications, or changes to the solicitation — all explanations, clarifications, or changes will be issued in written form as detailed below. KEXX Davidson County Executive Airport will not be bound by any oral statements.
All inquiries and any changes to the requirements of this solicitation shall be answered by issuance of written addenda. It is the responsibility of the Offeror to acknowledge all addenda by signing and returning a copy with the qualifications submission, or by separate written acknowledgement of each addendum by number and date.
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Offerors are advised to contact the Owner to confirm the number of addenda before the submission deadline. All addenda will be issued in a timely manner to allow sufficient time prior to the due date of the qualification submissions.
SECTION 02
Project Description
The project consists of the construction of a new Fixed Base Operator (FBO) facility and renovation of an existing airport facility located at Davidson County Executive Airport in Lexington, North Carolina.
2.1 New FBO Terminal Building
Construction of a new, approximately 9,607-square-foot, steel-framed single-story facility including:
• General administrative offices
• Executive offices
• Passenger lobby
• Public restrooms
• Staff break room and kitchen facilities
• Conference and meeting spaces
• Relocated flight line operations functions
• Supporting mechanical, electrical, plumbing, and technology systems
2.2 Existing Building Renovation
Renovation of approximately 3,800 square feet of the existing wood-framed facility including:
• Architectural renovations
• Roof framing modifications
• Building exterior enhancements
• Systems upgrades
• Contemporary design improvements matching the new terminal facility
2.3 Site Development
Approximately 1.5 acres of disturbed area, including:
• New entrance drive
• Fuel delivery route / service road
• Passenger parking areas
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• Utility infrastructure
• Stormwater management improvements
• Site grading and drainage modifications
• Pad-ready location for a future fuel farm (fuel farm by others)
2.4 Airfield Improvements
Work within the operational airport environment includes:
• Canopies
• Expanded taxi space
• Building footprint improvements
No work is anticipated within the active flight line beyond areas specifically designated for construction.
2.5 Design Team
Architect: WM2A Architects
Civil Engineer: Timmons Group
Mechanical Engineer: TBD
Structural Engineer: TBD
The procurement will be completed in two steps: Step 1 consists of this Request for Qualifications (RFQ), used to create a short list of qualified CM@R firms; Step 2 consists of interviews of short-listed teams to select the successful contractor.
PROJECT BUDGET
$5,000,000 – $12,000,000 A non-mandatory pre-submission conference will be held on August 24, 2026, at 2:00 PM at the site of construction.
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SECTION 03
Compensation
Compensation shall be submitted in a separately sealed envelope and shall include:
3.1 Preconstruction Services Fee — a lump sum proposal for all preconstruction services.
3.2 Construction Phase Fee — a lump sum fee for CM@R construction services.
Fee Submission Requirements — the fee proposal envelope shall remain sealed and shall not be opened unless the submitting firm is determined to be the most qualified respondent following the qualifications and interview process.
The Owner reserves the right to negotiate fees with the highest-ranked firm.
SECTION 04
Schedule
MILESTONE DATE
RFQ Issued August 3, 2026
On-Site Pre-Submission Conference August 24, 2026
Questions Due August 31, 2026
RFQ Due September 7, 2026
Short List Announcement September 14, 2026
Interviews September 24, 2026
CM@R Selection September 30, 2026
Preconstruction Services Begin October 2026
Construction Start February / March 2027
Construction Duration Approximately 14 months
The selected CM@R shall participate in the further development of this schedule once selected.
SECTION 05
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Scope of CM@R Services
The CM@R will work collaboratively and proactively with the Owner and Architect to proceed with planning, design, and development of the Work in a manner that supports the Owner's efforts to keep costs within the Owner's budget. The CM@R shall provide Construction Management (CM) services throughout the Project, from the preconstruction period through construction, and shall closely coordinate such work with the Architect and Owner. The CM@R shall provide CM services including, but not limited to:
5.1 Preconstruction Services
• Cost estimating
• Constructability reviews
• Value engineering analysis
• Budget development and management
• Schedule development
• Long-lead procurement recommendations
• Logistics planning
• Site utilization planning
• Design collaboration
• Regulatory coordination
• Airport operational coordination
• Package procurement planning
• Trade package recommendations
• GMP development
5.2 Construction Services
• General conditions administration
• Construction management
• Subcontractor procurement and management
• Quality control
• Safety management
• Project scheduling
• Owner-Architect-Contractor coordination
• Change management
• Cost control
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• Airport operational coordination
• Project closeout and commissioning support
In addition, the CM@R must be familiar with the local labor and subcontracting market and be capable of working with subcontractors to generate viable pricing alternatives. The CM@R shall provide full general contracting services for construction of the Project in accordance with the requirements of the Contract Documents, except to the extent work is specifically indicated in the Contract Documents to be the responsibility of others.
During preconstruction, the CM@R shall actively participate as a Project Partner with the Owner and the Architect during the Design and Construction Documents phases prior to construction. As used here and throughout this RFQ, the term “Project Partners” refers to all Owner internal stakeholders and external consultants, the Architect and its sub-consultants, and the CM@R and its subcontractors. The CM@R shall be responsible for providing the necessary consulting expertise to the Owner to ensure that the program scope is maximized and the construction budget and Project schedule are met.
SECTION 06
Selection and Award Process
6.1 Evaluation of Qualifications
Offers that are received and meet the requirements stated in the RFQ will be evaluated in accordance with the following criteria:
6.1.1 The Owner's selection committee will thoroughly review the Offerors' Qualifications submissions. The committee will score and rank submissions on their conformance with the requirements set forth, and will identify a short list of no fewer than two and no more than five Offerors to proceed to Step 2 of the selection process — the in-person interview.
6.1.2 The Owner will provide written notice to all firms which are not short-listed, to allow for a 10-day appeal period.
6.1.3 After the 10-day period has passed, the short-listed firms will be interviewed.
6.2 Preconstruction Work Plan
Upon award, the selected firm will be asked to submit a Preconstruction Work Plan. The plan shall include a Baseline Schedule, prepared using the critical path method (“CPM”) in sufficient detail to permit the Project Partners, the CM@R, and any other affected parties to properly plan the Project. The Baseline Schedule shall show:
6.2.1 Key design milestones and bid packages (coordinated with the Architect)
6.2.2 Release dates for bid packages
6.2.3 Estimated projected Substantial and Final Completion dates
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6.3 Construction Management Plan
The CM@R shall submit a draft Construction Management Plan within sixty (60) days after the Preconstruction NTP is issued, addressing — but not limited to — noise control, hours for construction and deliveries, truck routes, trash and debris removal, traffic and parking control, communications procedures, emergency procedures, quality control procedures, dust control, public street cleaning and repair, planned occupancy of public ways, erosion control, tree protection, vibration monitoring, temporary fire protection measures, project signage, pest control, construction staging, and construction logistics.
Concurrently with the Construction Management Plan, the CM@R shall prepare a memorandum identifying key construction concerns related to the Project. The memorandum shall:
6.3.1 Assess constructability issues related to the Project, including site logistics.
6.3.2 Identify any long-lead delivery items that could adversely affect the schedule contemplated in this RFQ, and make recommendations for addressing any such items.
6.4 The CM@R shall submit a narrative description of the CM@R process within fourteen (14) days after the Preconstruction NTP is issued, including preconstruction services, cost estimating, value engineering, schedule development, bid package strategy, and subcontractor procurement procedures. The narrative shall specifically address compliance with N.C.G.S. § 143-128.1 and all other applicable North Carolina public contracting statutes governing Construction Manager at Risk projects. For each anticipated trade package, the CM@R shall identify at least three (3) qualified prospective first-tier subcontractors, where available, and describe the process by which trade packages will be publicly advertised, competitively bid, evaluated, and awarded. The CM@R shall also describe its approach to HUB outreach, bid tabulation, Owner participation in subcontractor selection, and maintaining a transparent, open-book procurement process consistent with North Carolina law.
6.5 Based on the trade bids, the CM@R shall prepare a written report of suggested value engineering strategies necessary to reconcile the costs of constructing the Project with the Owner's Project Budget. The CM@R shall meet with the Project Partners to discuss any value engineering and scope changes required to bring the project costs within the Project Budget.
6.6 Subject to Owner approval of the Preconstruction Work Plan, the Contractor shall immediately execute an Agreement for Preconstruction Services, solely for the performance and payment of Preconstruction Services.
6.7 Final Cost Negotiations
Final cost negotiations will take place prior to execution of the CM@R Contract. The Contractor's final cost estimate shall be completed no later than four weeks from receipt of the construction documents to be used for negotiations. Should the Contractor and Owner not agree on a satisfactory final cost estimate that the Owner determines to be fair, reasonable, and within available funds, the Owner may cancel negotiations and begin negotiating with another firm. Cancellation will be effective upon receipt of written notification to the Contractor.
Expense to the Owner shall not exceed the agreed preconstruction service fee.
6.8 Reference Checks
The Owner reserves the right to conduct reference checks for the highest-scoring firm(s) after qualifications have been evaluated and/or after interviews have been held. If information obtained from reference checks reveals
Built on Experience, Defined by Skill, Guided by Integrity. Page 11 of 17 concerns about a firm's past performance or ability to successfully perform the contract, the Owner may, at its sole discretion, determine the firm is not qualified and remove it from further consideration. The Owner may include itself as a reference if the firm has performed work for it, even if not identified as a reference by the firm, and reserves the right to check references from others not identified by the firm.
SECTION 07
Submittal Deadline
7.1 One (1) original unbound and three (3) unbound, clipped (8½ x 11 format) copies shall be delivered to the address below, along with an emailed PDF copy of the proposal.
7.2 The proposal, containing the items listed in Section 09, must be received no later than the date specified on the cover page of this RFQ. Submittals sent by mail or courier must be delivered to the address below by the stated deadline.
7.3 Deliver to: Yancey Powers, Architect — WM2A Architects, 408B North Main Street, Hillsville, VA 24343.
Telephone 478-745-4945. Email Yancey@wm2a.com
7.4 Submittals received after the deadline will not be considered. Faxed or emailed submissions will not be accepted in lieu of hard copy. Firms assume all risk of the delivery method chosen; KEXX Davidson County Executive Airport assumes no responsibility for delays caused by any package or mail delivery service.
SECTION 08
Proposal Format
8.1 Every Proposer must reply to each evaluation criterion set forth in Section 09 in a clear and concise manner.
Responses must be in the same order as listed, clearly separated with tabs, and labeled by response.
Brevity is preferred; pay attention to specific requests for information. Submittals shall be organized to enable the CM@R selection committee to quickly access pertinent information, and shall not exceed forty
(40) page sides — section tabs/dividers are not included in this page limit. In consideration of the reviewers' time, every effort should be made to avoid duplicating information presented elsewhere in the proposal.
In addition, each Proposer must submit, in a separately sealed envelope, the following:
8.2.1 Lump sum fee proposal for pre-construction CM services
8.2.2 Construction phase CM fee proposal, as a percentage of the Cost of Work, for projects ranging from $5– 12 million in construction costs
8.2.3 The CM firm's fee structure, including proposed billing rates for pertinent personnel and prices for anticipated direct reimbursable costs
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SECTION 09
Proposal Evaluation Criteria (100 Points)
All proposals received will be scored by a selection committee consisting of representatives from the Owner and the Architectural consultant. Each evaluation criterion has been assigned points based on its relative value to the contract as a whole:
9.1 Letter of Interest (0 points): Not more than two (2) pages. May contain any information not shown elsewhere in the submittal. Clearly indicate the project name and project number, and provide the name and contact information (name with title, position, mailing address, telephone number, and e-mail address) of the individual to be contacted regarding the selection process.
9.2 Qualifications of the Firm (5 points): Provide a brief description of the history and capabilities of the firm.
Describe the types of projects or services the firm normally performs and the relative dollar value of each.
9.3 Prior Experience with First-Time CM@R Clients (10 points): Davidson County Executive Airport has limited experience utilizing the CM@R delivery method. Describe your firm's approach to assisting a first-time CM@R Owner throughout procurement, preconstruction, GMP development, bidding, and construction.
Address how your team will educate and guide the Owner regarding statutory requirements, subcontractor procurement, budgeting, scheduling, risk management, GMP development, trade package bidding, HUB participation requirements, and Owner decision-making responsibilities. Provide examples of prior projects assisting a public Owner unfamiliar with the CM@R process, and describe the tools, reporting methods, and communication strategies used.
9.4 Past Performance of the Firm in CM@R Projects (20 points): Describe your firm's experience completing CM@R projects. Provide a list of five similar, completed projects, including for each: a project description, construction duration, final cost, a description of preconstruction services performed, a reference with telephone number familiar with your firm's performance, and whether any individuals named in your proposed Project Team participated on that project's team.
9.5 Ability to Meet Time and Budget Requirements (5 points): Describe how your firm would monitor and ensure the Owner's program scope, construction budget, and schedule are met at every phase. What estimating and scheduling systems and management techniques does your firm employ? For each of the five projects listed above, provide: (1) original Total Contract Cost; (2) final contract cost; (3) original contract completion date; and (4) actual date of Substantial Completion. Discuss your firm's approach to acting as primary estimator, mitigating disadvantages to ensure reliable estimates, and interfacing with the design team for continuous real-time cost feedback, including detailed MEP estimates at Conceptual, Schematic, and Design Development levels.
9.6 Firm's Proximity to the Project Location (5 points): Demonstrate your firm's experience completing construction projects in the area, and success working with local subcontractors, suppliers, permitting officials, and design professionals. Indicate proximity to the Project location, familiarity with the local labor and subcontracting market, and capability of generating viable pricing alternatives.
9.7 Recent, Current, and Projected Workload of the Firm (Pass/Fail): What has been your firm's annual construction volume (in dollars) for the past five years? What is the anticipated volume for the current year, and your plan for the next two years? How would participation in this project affect that plan?
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9.8 Firm's Approach to Executing the Project
1 General Approach (5 points): Discuss the firm's approach to construction and successfully completing the project, including any major challenges not previously addressed and how the firm proposes to approach them.
1.1 Indicate the scope of work the firm proposes to self-perform and its ability to perform it.
1.2 Describe any expectations of the Owner, including the extent of on-site architectural and/or engineering representatives during construction.
2 Preconstruction Services (10 points): Discuss the firm's approach to providing preconstruction services, specifically addressing:
2.1 Providing design budgeting
2.2 Providing Design and Construction Document coordination comments and verifying their implementation, including experience conducting design reviews in a virtual design environment
2.3 Determining and assessing constructability issues, including assistance identifying safe work practices and construction requirements
2.4 Proposing value engineering and assessing alternative construction options, products, and engineering systems for cost savings and life-cycle cost considerations
2.5 Scheduling, recommending changes, and advising on long-lead procurement packages to protect the project schedule
2.6 Recommending phasing and sequencing of work to minimize impacts to Owner operations
2.7 Assessing and recommending site logistics requirements
2.8 Subcontract plan preparation and procurement planning
9.9 Quality Control (5 points): Provide a one-page summary of your firm's approach to quality control during construction, including coordination of subcontract work, the quality control organization to be employed, and the levels and authority of individuals assigned quality control responsibility.
9.10 Accident Prevention Program (15 points): In one page or less, describe your firm's approach to the prevention of accidents and injuries on this project.
9.11 Firm Litigation History and Safety Performance (5 points): Describe your firm's litigation history and safety performance for the past five (5) years, including a summary of any claims, disputes, arbitrations, mediations, lawsuits, contract defaults, terminations for cause, liquidated damages assessments, or surety claims involving the firm, its principals, or proposed project team members. For each occurrence, provide a brief description of the issue, project owner, project value, date, resolution, and current status.
Additionally, provide your firm's Experience Modification Rate (EMR), OSHA recordable incident rates for the past five years, lost-time accident rates, and any OSHA citations received. Describe safety management practices, training programs, and project-specific safety procedures to be implemented for this project.
The Selection Committee will evaluate the firm's demonstrated commitment to safety, transparency regarding litigation history, risk management practices, and overall record of delivering projects without significant claims or safety incidents.
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9.12 Ability to be Bonded (Pass/Fail): In one page or less, describe your firm's ability to obtain a bond for a project of this size.
9.13 Financials and AIA Qualification Statement (5 points): Provide documentation of your firm's financial stability (AIA Document A305).
9.14 Ability of the Firm's Professional Personnel (10 points): Describe the proposed Project Team, including members, organization, and responsibilities. Provide an organization chart showing staffing for key individuals, with separate listings for the preconstruction and construction phases. At minimum, identify the corporate executive dedicated to the Project, the project manager, the superintendent, and the estimator, along with title, name, qualifications, hourly rate, and percentage of involvement during each phase (100% = full time). Include resumes with employment history, education, experience, length of time with the firm, and any other information useful in evaluating the individuals nominated — including experience managing comparable projects, CPM schedule preparation and analysis, and pricing and negotiation of change orders.
SECTION 10
Interview
10.1 After scoring proposals, the selection committee will select a short list of the most qualified firms to interview. Prior to the interview, references will be checked by the selection committee.
10.2 Should your firm be invited to interview, questions will be directed solely to the proposed Project Team. At minimum, the following personnel shall be in attendance: the corporate executive dedicated to the project, the project manager, the superintendent, the estimator, and other key individuals responsible for preconstruction services. In addition to presenting qualifications, experience, and approach, the Project Team will be expected to respond to questions from the selection committee regarding the proposal, as well as additional questions provided in the notification letter.
10.3 In evaluating the interview, the selection committee will use the following criteria and weighting (Total Possible: 100 points):
CRITERION POINTS
Clarity of communication throughout the bid process (written and verbal) and demonstrated track record of teamwork and leadership on public construction projects 15
Evidence of a clear injury prevention plan applicable to the Project and demonstrated track record of safety 5
Demonstrated knowledge of statutory requirements for CM@R and public construction projects (N.C. Gen. Stat. § 143-128.1(c)) and a clear compliance plan 20
Construction approach demonstrating sensitivity to the specific needs of the Airport (safety, staff, clients, community, holidays, weather, budget, and time constraints) 20
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CRITERION POINTS
Project Understanding 10
Cost Control and GMP Development 20
Prior work history with KEXX Davidson County Executive Airport 10
SECTION 11
Final Selection
The firm receiving the highest total score resulting from the interview process shall be identified as the highest-ranked proposer. The Owner intends to enter into negotiations with the highest-ranked firm for Preconstruction Services and Construction Manager at Risk Services. Final selection and contract award are contingent upon successful negotiation of fees, scope, and contractual terms acceptable to the Owner. If negotiations are unsuccessful, the Owner reserves the right to discontinue negotiations and commence negotiations with the next highest-ranked firm, without further obligation to the previously selected firm.
SECTION 12
Additional Parameters
12.1 The Owner retains the right to waive any informalities, to reject any or all Statements of Qualifications, or to accept any Statement of Qualifications determined to be in its best interest.
12.2 It is the Owner's intent that the work be publicly, competitively bid by qualified sub-bidders for each trade or bid package. The Designer and Owner will work with the Construction Manager in evaluating subcontractors; it is the CM@R's responsibility to ensure subcontractors are qualified to complete the work.
12.3 This Request for Qualifications and Selection Process, as outlined herein, is subject to change. Terms and conditions of the Agreement between Owner and Construction Manager shall take precedence over all prior understandings and/or agreements, including this RFQ.
12.4 The Owner retains the right to terminate the services of the Construction Manager at any time prior to execution of an AIA A133 Exhibit A, Guaranteed Maximum Price Amendment (GMP); the Owner's obligation shall be limited to the Construction Manager's actual documented expenses as of such date.
12.5 Protests of Award and Authority to Resolve Protests
12.5.1 After selection of the CM firm, any firm not selected may submit a written protest to KEXX Davidson County Executive Airport within five business days of the Notice of Award, with a copy to the awarded firm. The protest must contain a brief statement of the basis for the challenge. The Owner may stay the award until the protest has been resolved.
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12.5.2 The Owner will base its decision on a review of the facts; there will be no hearing, testimony, or additional information unless the Owner deems it necessary to resolve the protest. The Owner will communicate its decision to the protesting firm, the campus, and the awarded firm. If unresolved to the protesting firm's satisfaction, the firm may file an appeal within ten business days of the Owner's written decision, with a copy to the awarded firm. The Owner's determination is final and will be given in writing to the protesting firm, the campus, and the awarded firm.
SECTION 13
Special Conditions
By submitting a proposal, the Proposer agrees to the following technical requirements:
13.1 Non-Discrimination — If selected, the CM@R will perform under the contract so as not to discriminate against any employee or other person on account of race, color, sex, sexual orientation, religious creed, ancestry, age, or national origin. Upon receipt of satisfactory evidence of such discrimination, the Owner shall have the right to cancel the contract immediately without any back charge.
13.2 MWBE Participation — If selected, the CM@R will make a good-faith effort to consider Minority/Women/Disabled-Owned Business Enterprises in its solicitation of goods and services.
13.3 Right of Refusal — The Owner reserves the right to accept or reject any and all proposals, in whole or in part, to take exceptions to parts of any proposal, and to request oral and/or written clarification of proposals.
Proposers may be excluded from consideration for failure to comply with any RFQ requirement. The Owner reserves the right not to award the contract to any proposer.
13.4 Proposal Cost Incurred — Proposers will respond to this RFQ at their own cost; the Owner will have no liability with respect to such costs.
13.5 Tax-Exempt Status — The Owner is a tax-exempt organization; proposals should consider this status when responding to this RFQ.
13.6 Non-Binding Agreement — The Owner's acceptance of a proposal shall not form a binding contract with the selected CM@R. Formation of a binding contract is contingent upon execution of the AIA A133 Agreement between the parties.
SECTION 14
Contact with Owner
14.1 After this RFQ has been issued, and until the Owner has completed a contract with the CM@R, no proposer shall attempt to contact the Owner for any reason except as described in this RFQ — for purposes of the pre-proposal meeting, site inspection, RFIs, or interviews.
14.2 The Owner has the right to disqualify any proposer who violates the spirit of clause 14.1 above.
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14.3 Any questions arising from the pre-proposal meeting/site visit must be submitted via e-mail, in writing, to the Architect, and must be received no later than seven (7) days prior to RFQ submission. Proposers' questions should be compiled into one submission. The Owner will provide a full list of questions and responses to all companies who attended the pre-proposal meeting/site visit.
14.4 Should it become necessary to revise any part of this RFQ (or attachments hereto), such revisions will be posted on the Owner's website.
14.5 All communications concerning this RFQ, including questions regarding any information contained herein, should be directed in writing to: Yancey Powers, WM2A Architects — 408B North Main Street, Hillsville, VA 24343 — YanceyPowers@WM2A.com
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