§ 48-01.2-20 — Selection process for construction management at-risk planning and design phase services

North Dakota § 48-01.2-20

• Jurisdiction: North Dakota
• Title 48: Public Buildings
• Ch. 48-01.2: Public Improvement Bids and Contracts

Text

design phase services.
1. A governing body electing to utilize a construction management at-risk delivery
process for a proposed public improvement shall create a selection committee
composed of:
a. An administrative individual from the governing body.
b. A registered architect.
c. A registered engineer.
d. A licensed contractor.
2. The governing body may compensate members of the selection committee. A member
of the selection committee is not eligible to submit a proposal for the construction
management at-risk contract under consideration.
3. Before issuing a notice of request for qualifications to enter a construction
management at-risk services contract, the selection committee shall establish the
content of the request for qualifications, which must include the following:
a. The identity of the governing body and a list of the members of the selection
committee;
b. A description of the proposed public improvement;
c. The proposed budget limits of the public improvement;
d. The commencement and completion date of the public improvement;
e. The procedures to be used in submitting proposals;
f. The qualifications evaluation criteria and the relative weighting of items;

g. The subcontractor selection process to be used for construction services;
h. The number of persons to be included in the final list;
i. A statement indicating whether formal interviews will be held;
j. A statement indicating whether fees and prices must be included in any proposal;
k. A description of contract terms and conditions for the construction management
at-risk services contract, including a description of the scope of services to be
provided;
l. A description of the procedures to be used for making the contract award;
m. The insurance and bonding requirements and a statement requiring any person
submitting a proposal to include with the proposal a certificate of insurance,
indicating liability coverage; and
n. The identification and location of other pertinent information the governing body
may possess, including surveys, soils reports, drawings or models of existing
structures, environmental studies, photographs, or references to public records.
4. The request for qualifications submittal procedures must include the specific format
that must be used by a construction manager at-risk when submitting a request for
qualifications and the submission deadline location for submission of the request for
qualifications.
5. The selection committee shall determine the appropriate evaluation criteria for each
request for qualifications, including:
a. The person's experience on any similar project;
b. The person's existing workload and available capacity;
c. The person's key personnel experience on any similar project;
d. The person's safety record;
e. The person's familiarity with the location of the public improvement;
f. The person's fees and expenses;
g. The person's compliance with state and federal law; and
h. Any reasonable information the selection committee deems necessary.
6. The selection committee shall evaluate each submission based on the qualification
criteria under subsection 5 and shall include the numeric scoring of each criteria item
on a weighted basis, with no item being weighted at more than twenty percent and no
less than five percent. The weighting of the qualification criteria must be done in a
manner to ensure no subjective bias and encourage the maximum participation of
qualified construction managers at-risk.
7. a. The selection committee shall review each proposal submitted and include the
three highest ranked construction managers at-risk on a list of finalists. If fewer
than three proposals were submitted, the governing body may resolicit for
qualifications, interview any person that applied, or consider using another
allowed delivery method. The selection committee shall recommend to the
governing body the construction manager at-risk receiving the highest score on
the evaluation criteria.
b. If a construction manager at-risk selected for a public improvement declines the
appointment or is unable to reach agreement with the governing body concerning
fees or terms of the contract, the governing body shall terminate negotiations with
the construction manager at-risk and begin negotiations with the construction
manager at-risk with the next highest score and continue that process until
agreement is reached or the list of finalists is exhausted.
c. If the list of finalists is exhausted, the governing body shall request the selection
committee to revise the request for qualifications and solicit new submissions. If
the selection committee is unable to provide any constructive revision to the
request for qualifications, the governing body shall select another allowed public
improvement delivery method.
d. The governing body, upon reaching an agreement with a construction manager
at-risk on compensation and contract terms for construction management
planning and design services, shall enter a written contract with the construction
manager at-risk for the services.

8. The governing body shall publish a notice of request for qualifications to enter a
construction management at-risk contract under this section in a newspaper of general
circulation in the county in which the public improvement is located and in a
construction trade publication, electronic service, builders exchange, or other industry-
recognized method in general circulation among the contractors, building
manufacturers, and dealers in this state. The notice must be published for three
consecutive weeks, with the first publication being at least twenty-one days before the
date of opening of the request for qualifications. Upon written request, the governing
body shall mail a copy of the invitation to any interested party.