A.B. 218
Assembly Bill No. 218–Committee on Commerce and Labor
(On Behalf of Douglas County)
February 22, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes relating to use of design-build teams for public works. (BDR 28‑508)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to public works; authorizing certain public bodies to contract with a design-build team for certain public works projects; changing the requirements for providing notice of certain hearings and advertising for preliminary proposals from design-build teams; changing certain requirements relating to the qualification and selection of a design-build team; extending the date for the expiration of provisions relating to the use of design-build teams on public works projects; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 338.1711 is hereby amended to read as follows:
1-2 338.1711 1. Except as otherwise provided in this section, a public
1-3 body shall contract with a prime contractor for the construction of a public
1-4 work for which the estimated cost exceeds $100,000.
1-5 2. A public body may contract with a design-build team for the design
1-6 and construction of a public work that is a discrete project if the public
1-7 body determines that:
1-8 (a) The public work is:
1-9 (1) A plant or facility for the treatment and pumping of water or the
1-10 treatment and disposal of wastewater or sewage, the estimated cost of
1-11 which exceeds $100,000,000; or
1-12 (2) Any other type of public work, except a stand-alone underground
1-13 utility project, the estimated cost of which exceeds $30,000,000; and
1-14 (b) Contracting with a design-build team will enable the public body to:
1-15 (1) Design and construct the public work at a cost that is significantly
1-16 lower than the cost that the public body would incur to design and
1-17 construct the public work using a different method;
2-1 (2) Design and construct the public work in a shorter time than would
2-2 be required to design and construct the public work using a different
2-3 method, if exigent circumstances require that the public work be designed
2-4 and constructed within a short time; or
2-5 (3) Ensure that the design and construction of the public work is
2-6 properly coordinated, if the public work is unique, highly technical and
2-7 complex in nature.
2-8 3. In a county whose population is 400,000 or more, a public body that
2-9 is responsible for financing public works may, for its own public works
2-10 and those financed by a different public body, including, without
2-11 limitation, an airport if the airport is owned and operated as a department
2-12 of the public body, contract with a design-build team once in each fiscal
2-13 year for the design and construction of a public work if the public body
2-14 determines that:
2-15 (a) The estimated cost of the public work is at least $5,000,000 but less
2-16 than $30,000,000; and
2-17 (b) Contracting with a design-build team will enable the public body to:
2-18 (1) Design and construct the public work at a cost that is significantly
2-19 lower than the cost that the public body would incur to design and
2-20 construct the public work using a different method;
2-21 (2) Design and construct the public work in a shorter time than would
2-22 be required to design and construct the public work using a different
2-23 method, if exigent circumstances require that the public work be designed
2-24 and constructed within a short time; or
2-25 (3) Ensure that the design and construction of the public work is
2-26 properly coordinated, if the public work is unique, highly technical and
2-27 complex in nature.
2-28 4. In a county whose population is 20,000 or more but less than
2-29 100,000, a public body that is responsible for financing public works
2-30 may, for its own public works and those financed by a different public
2-31 body, including, without limitation, an airport if the airport is owned and
2-32 operated as a department of the public body, contract with a design-build
2-33 team once in each fiscal year for the design and construction of a public
2-34 work if the public body determines that:
2-35 (a) The estimated cost of the public work is at least $250,000 but less
2-36 than $7,500,000; and
2-37 (b) Contracting with a design-build team will enable the public body
2-38 to:
2-39 (1) Design and construct the public work at a cost that is
2-40 significantly lower than the cost that the public body would incur to
2-41 design and construct the public work using a different method;
2-42 (2) Design and construct the public work in a shorter time than
2-43 would be required to design and construct the public work using a
2-44 different method, if exigent circumstances require that the public work
2-45 be designed and constructed within a short time; or
2-46 (3) Ensure that the design and construction of the public work is
2-47 properly coordinated, if the public work is unique, highly technical and
2-48 complex in nature.
3-1 5. Notwithstanding the provisions of subsections 1[, 2 and 3,] to 4,
3-2 inclusive, a public body may contract with:
3-3 (a) A nonprofit organization for the design and construction of a project
3-4 to restore, enhance or develop wetlands.
3-5 (b) A prime contractor, specialty contractor or design-build team with
3-6 respect to a public work if the public body determines that the public work
3-7 is:
3-8 (1) Not part of a larger public work; and
3-9 (2) Limited in scope to:
3-10 (I) Removal of asbestos;
3-11 (II) Replacement of equipment or systems for heating, ventilation
3-12 and air-conditioning;
3-13 (III) Replacement of a roof;
3-14 (IV) Landscaping; or
3-15 (V) Restoration, enhancement or development of wetlands.
3-16 Sec. 2. NRS 338.1713 is hereby amended to read as follows:
3-17 338.1713 1. A public body shall not contract with a design-build
3-18 team with respect to a public work unless the governing body of the public
3-19 body makes the determinations, at a public hearing, that are required
3-20 pursuant to subsection 2, 3 , 4 or [4] 5 of NRS 338.1711, as applicable.
3-21 2. A public body that is required to hold a public hearing pursuant to
3-22 this section shall publish notice of the hearing at least once [each week for
3-23 3 consecutive weeks in:
3-24 (a) A] in a newspaper of general circulation published in the county in
3-25 which the public work is proposed to be constructed or, if there is no such
3-26 newspaper, in a newspaper of general circulation in the county published in
3-27 this state . [; and
3-28 (b) A newspaper of general circulation in this state.]
3-29 Sec. 3. NRS 338.1715 is hereby amended to read as follows:
3-30 338.1715 1. A public body that is required to contract with a prime
3-31 contractor pursuant to subsection 1 of NRS 338.1711 or elects to contract
3-32 with a specialty contractor pursuant to subsection [4] 5 of NRS 338.1711
3-33 shall select the prime contractor or specialty contractor, as appropriate, in
3-34 accordance with the procedures for bidding that are set forth in:
3-35 (a) The provisions of NRS 338.1375 to 338.1389, inclusive; or
3-36 (b) NRS 338.143, 338.145 and 338.147, if the public body is a local
3-37 government that elects to award a contract for a public work in accordance
3-38 with paragraph (b) of subsection 1 of NRS 338.1373.
3-39 2. A public body that contracts with a design-build team pursuant to
3-40 NRS 338.1711 and 338.1713 shall select the design-build team in
3-41 accordance with NRS 338.1721 to 338.1727, inclusive.
3-42 Sec. 4. NRS 338.1721 is hereby amended to read as follows:
3-43 338.1721 To qualify to participate in a project for the design and
3-44 construction of a public work, a design-build team must:
3-45 1. Obtain a performance bond and payment bond as required pursuant
3-46 to NRS 339.025;
3-47 2. Obtain insurance covering general liability and liability for errors
3-48 and omissions;
4-1 3. Not have been found liable for breach of contract with respect to a
4-2 previous project, other than a breach for legitimate cause;
4-3 4. Not have been disqualified from being awarded a contract pursuant
4-4 to NRS 338.017, 338.1387, 338.145 or 408.333; [and]
4-5 5. Ensure that the members of the design-build team possess the
4-6 licenses and certificates required to carry out the functions of their
4-7 respective professions within this state[.] ; and
4-8 6. Be responsive and responsible, as determined by the public body
4-9 awarding the contract.
4-10 Sec. 5. NRS 338.1723 is hereby amended to read as follows:
4-11 338.1723 1. A public body shall advertise for preliminary proposals
4-12 for the design and construction of a public work by a design-build team at
4-13 least [twice each week for 3 consecutive weeks in:
4-14 (a) A newspaper of general circulation published in the county in which
4-15 the public work is proposed to be constructed or, if there is no such
4-16 newspaper, in a newspaper of general circulation in the county published in
4-17 this state; and
4-18 (b) A] once in a newspaper of general circulation in this state.
4-19 2. A request for preliminary proposals published pursuant to
4-20 subsection 1 must include, without limitation:
4-21 (a) A description of the public work to be designed and constructed;
4-22 and
4-23 (b) [Separate estimates of the costs of designing and constructing the
4-24 public work;
4-25 (c) The dates on which it is anticipated that the separate phases of the
4-26 design and construction of the public work will begin and end;
4-27 (d)] A statement setting forth the place and time in which a design-build
4-28 team desiring to submit a proposal for the public work may obtain the
4-29 information necessary to submit a proposal, including, without limitation,
4-30 the extent to which designs must be completed for both preliminary and
4-31 final proposals and any other requirements for the design and construction
4-32 of the public work that the public body determines to be necessary . [;
4-33 (e) A list of the requirements set forth in NRS 338.1721;
4-34 (f) A list of the factors that the public body will use to evaluate design-
4-35 build teams who submit a proposal for the public work, including, without
4-36 limitation:
4-37 (1) The relative weight to be assigned to each factor; and
4-38 (2) A disclosure of whether the factors that are not related to cost are,
4-39 when considered as a group, more or less important in the process of
4-40 evaluation than the factor of cost;
4-41 (g) Notice that a design-build team desiring to submit a proposal for the
4-42 public work must include with its proposal the information used by the
4-43 public body to determine finalists among the design-build teams submitting
4-44 proposals pursuant to subsection 2 of NRS 338.1725 and a description of
4-45 that information;
4-46 (h) A statement that a design-build team whose prime contractor holds a
4-47 certificate of eligibility to receive a preference in bidding on public works
4-48 issued pursuant to NRS 338.1389 or 338.147 should submit a copy of the
4-49 certificate of eligibility with its proposal;
5-1 (i) A statement as to whether a design-build team that is selected as a
5-2 finalist pursuant to NRS 338.1725 but is not awarded the design-build
5-3 contract pursuant to NRS 338.1727 will be partially reimbursed for the cost
5-4 of preparing a final proposal and, if so, an estimate of the amount of the
5-5 partial reimbursement; and
5-6 (j) The date by which preliminary proposals must be submitted to the
5-7 public body, which must not be less than 30 days or more than 60 days
5-8 after the date on which the request for preliminary proposals is first
5-9 published in a newspaper pursuant to subsection 1.]
5-10 Sec. 6. NRS 338.1725 is hereby amended to read as follows:
5-11 338.1725 1. [At least 30 days after the date by which preliminary
5-12 proposals must be submitted to the public body, the] The public body shall
5-13 select at least three but not more than five finalists from among the design-
5-14 build teams that submitted preliminary proposals. If the public body does
5-15 not receive at least three preliminary proposals from design-build teams
5-16 that the public body determines to be qualified pursuant to this section and
5-17 NRS 338.1721, the public body may not contract with a design-build team
5-18 for the design and construction of the public work.
5-19 2. The public body shall select finalists pursuant to subsection 1 by:
5-20 (a) Verifying that each design-build team which submitted a
5-21 preliminary proposal satisfies the requirements of NRS 338.1721; and
5-22 (b) Conducting an evaluation of the qualifications of each design-build
5-23 team that submitted a preliminary proposal, including, without limitation,
5-24 an evaluation of:
5-25 (1) The professional qualifications and experience of the members of
5-26 the design-build team;
5-27 (2) The performance history of the members of the design-build team
5-28 concerning other recent, similar projects completed by those members, if
5-29 any;
5-30 (3) The safety programs established and the safety records
5-31 accumulated by the members of the design-build team; [and]
5-32 (4) The proposed plan of the design-build team to manage the design
5-33 and construction of the public work that sets forth in detail the ability of the
5-34 design-build team to design and construct the public work[.] ; and
5-35 (5) The degree to which the preliminary proposal is responsive to
5-36 the requirements for the preliminary proposal established by the public
5-37 body.
5-38 Sec. 7. NRS 338.1727 is hereby amended to read as follows:
5-39 338.1727 1. After selecting the finalists pursuant to NRS 338.1725,
5-40 the public body shall provide to each finalist a request for final proposals
5-41 for the public work. The request for final proposals must:
5-42 (a) Set forth the factors that the public body will use to select a design
5-43 for the public work and a design-build team to design and construct the
5-44 public work, including the relative weight to be assigned to each factor;
5-45 and
5-46 (b) Set forth the date by which final proposals must be submitted to the
5-47 public body.
5-48 2. A final proposal submitted by a design-build team pursuant to this
5-49 section must be prepared thoroughly, be responsive to the criteria that the
6-1 public body will use to select a design for the public work and a design-
6-2 build team to design and construct the public work described in subsection
6-3 1 and comply with the provisions of NRS 338.141. If the cost of
6-4 construction is a factor in the selection of a design-build team, a design-
6-5 build team whose prime contractor has submitted with its proposal a
6-6 certificate of eligibility to receive a preference in bidding on public works
6-7 issued pursuant to NRS 338.1389 or 338.147 shall be deemed to have
6-8 submitted a better proposal than a competing design-build team whose
6-9 prime contractor has not submitted such a certificate of eligibility if the
6-10 amount proposed by the design-build team is not more than 5 percent
6-11 higher than the amount proposed by the competing design-build team.
6-12 3. [At least 30 days after receiving the final proposals for the public
6-13 work, the] The public body shall:
6-14 (a) Select the most cost-effective and responsive final proposal, using
6-15 the criteria set forth pursuant to subsection 1; or
6-16 (b) Reject all the final proposals.
6-17 4. If a public body selects a final proposal pursuant to paragraph (a) of
6-18 subsection 3, the public body shall[, at its next regularly scheduled
6-19 meeting:
6-20 (a) Review and ratify the selection.
6-21 (b)] :
6-22 (a) Award the design-build contract to the design-build team whose
6-23 proposal is selected.
6-24 [(c)] (b) Partially reimburse the unsuccessful finalists if partial
6-25 reimbursement was provided for in the request for preliminary proposals .
6-26 [pursuant to paragraph (i) of subsection 2 of NRS 338.1723.] The amount
6-27 of reimbursement must not exceed, for each unsuccessful finalist, 3 percent
6-28 of the total amount to be paid to the design-build team as set forth in the
6-29 design-build contract.
6-30 [(d)] (c) Make available to the public a summary setting forth the
6-31 factors used by the public body to select the successful design-build team
6-32 and the ranking of the design-build teams who submitted final proposals.
6-33 The public body shall not release to a third party, or otherwise make
6-34 public, financial or proprietary information submitted by a design-build
6-35 team.
6-36 5. A contract awarded pursuant to this section must specify:
6-37 (a) An amount that is the maximum amount that the public body will
6-38 pay for the performance of all the work required by the contract, excluding
6-39 any amount related to costs that may be incurred as a result of unexpected
6-40 conditions or occurrences as authorized by the contract;
6-41 (b) An amount that is the maximum amount that the public body will
6-42 pay for the performance of the professional services required by the
6-43 contract; and
6-44 (c) A date by which performance of the work required by the contract
6-45 must be completed.
6-46 6. A design-build team to whom a contract is awarded pursuant to this
6-47 section shall:
6-48 (a) Assume overall responsibility for ensuring that the design and
6-49 construction of the public work is completed in a satisfactory manner; and
7-1 (b) Use the work force of the prime contractor on the design-build team
7-2 to construct at least 15 percent of the public work.
7-3 Sec. 8. Section 35.6 of chapter 627, Statutes of Nevada 1999, at page
7-4 3497, is hereby amended to read as follows:
7-5 Sec. 35.6. Sections 8, 11, 12 and 21 of Assembly Bill No. 298 of
7-6 this session are hereby amended to read as follows:
7-7 Sec. 8. 1. Except as otherwise provided in subsection 7 and
7-8 NRS 338.1906 and 338.1907, this state, or a local government that
7-9 awards a contract for the construction, alteration or repair of a
7-10 public work in accordance with paragraph (a) of subsection 1 of
7-11 section 2 of this act, or a public officer, public employee or other
7-12 person responsible for awarding a contract for the construction,
7-13 alteration or repair of a public work who represents the state or the
7-14 local government, shall not:
7-15 (a) Commence such a project for which the estimated cost
7-16 exceeds $100,000 unless it advertises in a newspaper of general
7-17 circulation in this state for bids for the project; or
7-18 (b) Divide such a project into separate portions to avoid the
7-19 requirements of paragraph (a).
7-20 2. Except as otherwise provided in subsection 7, a public body
7-21 that maintains a list of properly licensed contractors who are
7-22 interested in receiving offers to bid on public works projects for
7-23 which the estimated cost is more than $25,000 but less than
7-24 $100,000 shall solicit bids from not more than three of the
7-25 contractors on the list for a contract of that value for the
7-26 construction, alteration or repair of a public work. The public body
7-27 shall select contractors from the list in such a manner as to afford
7-28 each contractor an equal opportunity to bid on a public works
7-29 project. A properly licensed contractor must submit a written request
7-30 annually to the public body to remain on the list. Offers for bids
7-31 which are made pursuant to this subsection must be sent by certified
7-32 mail.
7-33 3. Each advertisement for bids must include a provision that
7-34 sets forth:
7-35 (a) The requirement that a contractor must be qualified pursuant
7-36 to section 5 of this act to bid on the contract or must be exempt from
7-37 meeting such qualifications pursuant to section 6 of this act; and
7-38 (b) The period during which an application to qualify as a bidder
7-39 on the contract must be submitted.
7-40 4. Approved plans and specifications for the bids must be on file
7-41 at a place and time stated in the advertisement for the inspection of
7-42 all persons desiring to bid thereon and for other interested persons.
7-43 Contracts for the project must be awarded on the basis of bids
7-44 received.
7-45 5. Any bids received in response to an advertisement for bids
7-46 may be rejected if the person responsible for awarding the contract
7-47 determines that:
8-1 (a) The bidder is not a qualified bidder pursuant to section 5 of
8-2 this act, unless the bidder is exempt from meeting such
8-3 qualifications pursuant to section 6 of this act;
8-4 (b) The bidder is not responsive;
8-5 (c) The quality of the services, materials, equipment or labor
8-6 offered does not conform to the approved plan or specifications; or
8-7 (d) The public interest would be served by such a rejection.
8-8 6. Before the state or a local government may commence a
8-9 project subject to the provisions of this section, based upon a
8-10 determination that the public interest would be served by rejecting
8-11 any bids received in response to an advertisement for bids, it shall
8-12 prepare and make available for public inspection a written statement
8-13 containing:
8-14 (a) A list of all persons, including supervisors, whom the state or
8-15 the local government intends to assign to the project, together with
8-16 their classifications and an estimate of the direct and indirect costs
8-17 of their labor;
8-18 (b) A list of all equipment that the state or the local government
8-19 intends to use on the project, together with an estimate of the
8-20 number of hours each item of equipment will be used and the hourly
8-21 cost to use each item of equipment;
8-22 (c) An estimate of the cost of administrative support for the
8-23 persons assigned to the project;
8-24 (d) An estimate of the total cost of the project; and
8-25 (e) An estimate of the amount of money the state or the local
8-26 government expects to save by rejecting the bids and performing the
8-27 project itself.
8-28 7. This section does not apply to:
8-29 (a) Any utility subject to the provisions of chapter 318 or 710 of
8-30 NRS;
8-31 (b) Any work of construction, reconstruction, improvement and
8-32 maintenance of highways subject to NRS 408.323 or 408.327;
8-33 (c) Normal maintenance of the property of a school district;
8-34 (d) The Las Vegas Valley water district created pursuant to
8-35 chapter 167, Statutes of Nevada 1947, the Moapa Valley water
8-36 district created pursuant to chapter 477, Statutes of Nevada 1983 or
8-37 the Virgin Valley water district created pursuant to chapter 100,
8-38 Statutes of Nevada 1993; or
8-39 (e) The design and construction of a public work for which a
8-40 public body contracts with a design-build team pursuant to sections
8-41 2 to 9, inclusive, of Senate Bill No. 475 of this session.
8-42 Sec. 11. 1. Except as otherwise provided in section 8 of this
8-43 act and sections 2 to 9, inclusive, of Senate Bill No. 475 of this
8-44 session, a public body shall award a contract for a public work to
8-45 the contractor who submits the best bid.
8-46 2. Except as otherwise provided in subsection 8 or limited by
8-47 subsection 9, for the purposes of this section, a contractor who:
9-1 (a) Has been determined by the public body to be a qualified
9-2 bidder pursuant to section 5 of this act or is exempt from meeting
9-3 such requirements pursuant to section 6 of this act; and
9-4 (b) At the time he submits his bid, provides to the public body a
9-5 copy of a certificate of eligibility to receive a preference in bidding
9-6 on public works issued to him by the state contractors’ board
9-7 pursuant to subsection 3,
9-8 shall be deemed to have submitted a better bid than a competing
9-9 contractor who has not provided a copy of such a valid certificate of
9-10 eligibility if the amount of his bid is not more than 5 percent higher
9-11 than the amount bid by the competing contractor.
9-12 3. The state contractors’ board shall issue a certificate of
9-13 eligibility to receive a preference in bidding on public works to a
9-14 general contractor who is licensed pursuant to the provisions of
9-15 chapter 624 of NRS and submits to the board an affidavit from a
9-16 certified public accountant setting forth that the general contractor
9-17 has:
9-18 (a) Paid:
9-19 (1) The sales and use taxes imposed pursuant to chapters 372,
9-20 374 and 377 of NRS on materials used for construction in this state,
9-21 including, without limitation, construction that is undertaken or
9-22 carried out on land within the boundaries of this state that is
9-23 managed by the Federal Government or is on an Indian reservation
9-24 or Indian colony, of not less than $5,000 for each consecutive 12-
9-25 month period for 60 months immediately preceding the submission
9-26 of the affidavit from the certified public accountant;
9-27 (2) The motor vehicle privilege tax imposed pursuant to chapter
9-28 371 of NRS on the vehicles used in the operation of his business in
9-29 this state of not less than $5,000 for each consecutive 12-month
9-30 period for 60 months immediately preceding the submission of the
9-31 affidavit from the certified public accountant; or
9-32 (3) Any combination of such sales and use taxes and motor
9-33 vehicle privilege tax; or
9-34 (b) Acquired, by inheritance, gift or transfer through a stock
9-35 option plan for employees, all the assets and liabilities of a viable,
9-36 operating construction firm that possesses a:
9-37 (1) License as a general contractor pursuant to the provisions
9-38 of chapter 624 of NRS; and
9-39 (2) Certificate of eligibility to receive a preference in bidding on
9-40 public works.
9-41 4. For the purposes of complying with the requirements set
9-42 forth in paragraph (a) of subsection 3, a general contractor shall be
9-43 deemed to have paid:
9-44 (a) Sales and use taxes and motor vehicle privilege taxes paid in
9-45 this state by an affiliate or parent company of the contractor, if the
9-46 affiliate or parent company is also a general contractor; and
9-47 (b) Sales and use taxes paid in this state by a joint venture in
9-48 which the contractor is a participant, in proportion to the amount of
9-49 interest the contractor has in the joint venture.
10-1 5. A contractor who has received a certificate of eligibility to
10-2 receive a preference in bidding on public works from the state
10-3 contractors’ board pursuant to subsection 3 shall, at the time for the
10-4 annual renewal of his contractors’ license pursuant to NRS
10-5 624.283, submit to the board an affidavit from a certified public
10-6 accountant setting forth that the contractor has, during the
10-7 immediately preceding 12 months, paid the taxes required pursuant
10-8 to paragraph (a) of subsection 3 to maintain his eligibility to hold
10-9 such a certificate.
10-10 6. A contractor who fails to submit an affidavit to the board
10-11 pursuant to subsection 5 ceases to be eligible to receive a preference
10-12 in bidding on public works unless he reapplies for and receives a
10-13 certificate of eligibility pursuant to subsection 3.
10-14 7. If a contractor who applies to the state contractors’ board for
10-15 a certificate of eligibility to receive a preference in bidding on public
10-16 works submits false information to the board regarding the required
10-17 payment of taxes, the contractor is not eligible to receive a
10-18 preference in bidding on public works for a period of 5 years after
10-19 the date on which the board becomes aware of the submission of the
10-20 false information.
10-21 8. If any federal statute or regulation precludes the granting of
10-22 federal assistance or reduces the amount of that assistance for a
10-23 particular public work because of the provisions of subsection 2,
10-24 those provisions do not apply insofar as their application would
10-25 preclude or reduce federal assistance for that work. The provisions
10-26 of subsection 2 do not apply to any contract for a public work which
10-27 is expected to cost less than $250,000.
10-28 9. Except as otherwise provided in subsection 2 of section 8 of
10-29 Senate Bill No. 475 of this session, if a bid is submitted by two or
10-30 more contractors as a joint venture or by one of them as a joint
10-31 venturer, the provisions of subsection 2 apply only if both or all of
10-32 the joint venturers separately meet the requirements of that
10-33 subsection.
10-34 10. The state contractors’ board shall adopt regulations and
10-35 may assess reasonable fees relating to the certification of
10-36 contractors for a preference in bidding on public works.
10-37 11. A person or entity who believes that a contractor wrongfully
10-38 holds a certificate of eligibility to receive a preference in bidding on
10-39 public works may challenge the validity of the certificate by filing a
10-40 written objection with the public body to which the contractor has
10-41 submitted a bid or proposal on a contract for the construction of a
10-42 public work. A written objection authorized pursuant to this
10-43 subsection must:
10-44 (a) Set forth proof or substantiating evidence to support the belief
10-45 of the person or entity that the contractor wrongfully holds a
10-46 certificate of eligibility to receive a preference in bidding on public
10-47 works; and
10-48 (b) Be filed with the public body at or after the time at which the
10-49 contractor submitted the bid or proposal to the public body and
11-1 before the time at which the public body awards the contract for
11-2 which the bid or proposal was submitted.
11-3 12. If a public body receives a written objection pursuant to
11-4 subsection 11, the public body shall determine whether the objection
11-5 is accompanied by the proof or substantiating evidence required
11-6 pursuant to paragraph (a) of that subsection. If the public body
11-7 determines that the objection is not accompanied by the required
11-8 proof or substantiating evidence, the public body shall dismiss the
11-9 objection and may proceed immediately to award the contract. If the
11-10 public body determines that the objection is accompanied by the
11-11 required proof or substantiating evidence, the public body shall
11-12 determine whether the contractor qualifies for the certificate
11-13 pursuant to the provisions of this section and may proceed to award
11-14 the contract accordingly.
11-15 Sec. 12. NRS 338.010 is hereby amended to read as follows:
11-16 338.010 As used in this chapter:
11-17 1. “Day labor” means all cases where public bodies, their officers,
11-18 agents or employees, hire, supervise and pay the wages thereof
11-19 directly to a workman or workmen employed by them on public
11-20 works by the day and not under a contract in writing.
11-21 2. “Eligible bidder” means a person who was [found] :
11-22 (a) Found to be a responsible contractor by a [public body] local
11-23 government which awarded a contract for a public work [.] in
11-24 accordance with paragraph (b) of subsection 1 of section 2 of this
11-25 act; or
11-26 (b) Determined by a public body which awarded a contract for a
11-27 public work pursuant to sections 3 to 11, inclusive, of this act, to be
11-28 qualified to bid on that contract pursuant to section 5 of this act or
11-29 was exempt from meeting such qualifications pursuant to section 6
11-30 of this act.
11-31 3. “Local government” means every political subdivision or
11-32 other entity which has the right to levy or receive money from ad
11-33 valorem or other taxes or any mandatory assessments, and includes,
11-34 without limitation, counties, cities, towns, boards, school districts
11-35 and other districts organized pursuant to chapters 244A, 309, 318,
11-36 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,
11-37 inclusive, and any agency or department of a county or city which
11-38 prepares a budget separate from that of the parent political
11-39 subdivision.
11-40 4. “Offense” means failing to:
11-41 (a) Pay the prevailing wage required pursuant to this chapter;
11-42 (b) Pay the contributions for unemployment compensation required
11-43 pursuant to chapter 612 of NRS; or
11-44 (c) Provide and secure compensation for employees required
11-45 pursuant to chapters 616A to 617, inclusive, of NRS.
11-46 [4.] 5. “Public body” means the state, county, city, town, school
11-47 district or any public agency of this state or its political subdivisions
11-48 sponsoring or financing a public work.
12-1 [5.] 6. “Public work” means any project for the new construction,
12-2 repair or reconstruction of:
12-3 (a) A project financed in whole or in part from public money for:
12-4 (1) Public buildings;
12-5 (2) Jails and prisons;
12-6 (3) Public roads;
12-7 (4) Public highways;
12-8 (5) Public streets and alleys;
12-9 (6) Public utilities which are financed in whole or in part by
12-10 public money;
12-11 (7) Publicly owned water mains and sewers;
12-12 (8) Public parks and playgrounds;
12-13 (9) Public convention facilities which are financed at least in part
12-14 with public funds; and
12-15 (10) [All] Any other publicly owned works and property whose
12-16 cost as a whole exceeds $20,000. Each separate unit which is a part of
12-17 a project is included in the cost of the project for the purpose of
12-18 determining whether a project meets this threshold.
12-19 (b) A building for the University and Community College System
12-20 of Nevada of which 25 percent or more of the costs of the building as
12-21 a whole are paid from money appropriated by [the] this state or from
12-22 federal money.
12-23 [6.] 7. “Wages” means:
12-24 (a) The basic hourly rate of pay; and
12-25 (b) The amount of pension, health and welfare, vacation and
12-26 holiday pay, the cost of apprenticeship training or other similar
12-27 programs or other bona fide fringe benefits which are a benefit to the
12-28 workman.
12-29 [7.] 8. “Workman” means a skilled mechanic, skilled workman,
12-30 semiskilled mechanic, semiskilled workman or unskilled workman.
12-31 Sec. 21. 1. This section and sections 2 to 7, inclusive, 10 to 14,
12-32 inclusive, 16 to 19, inclusive, and 20 of this act become effective on
12-33 October 1, 1999.
12-34 2. Section 8 of this act becomes effective on October 1, 1999, and
12-35 expires by limitation on October 1, [2003.] 2005.
12-36 3. Sections 19.2 and
19.6 of this act become effective on
October 1, [2003.] 2005.
12-37 4. Sections 15 and 19.4 of this act become effective at 12:01 a.m.
12-38 on May 1, 2013.
12-39 5. Sections 14, 18, 19 and 19.2 of this act expire by limitation on
12-40 May 1, 2013.
12-41 Sec. 9. Section 38 of chapter 627, Statutes of Nevada 1999, at page
12-42 3504, is hereby amended to read as follows:
12-43 Sec. 38. 1. This section and sections 35.4 and 35.6 of this act
12-44 become effective on October 1, 1999.
12-45 2. Sections 1 to 9, inclusive, 14 to 35, inclusive, and 36 [and 37]
12-46 of this act become effective on October 1, 1999, and expire by
12-47 limitation on October 1, [2003.
12-48 3.] 2005.
13-1 3. Section 37 of this act becomes effective on October 1, 1999,
13-2 and expires by limitation on October 1, 2003.
13-3 4. Sections 10, 13 and 35.8 of this act become effective at 12:01
13-4 a.m. on October 1, 1999, and expire by limitation on October 1,
13-5 [2003.] 2005.
13-6 [4.] 5. Section 11 of this act becomes effective at 12:01 a.m. on
13-7 October 1, 1999, and expires by limitation on May 1, 2013.
13-8 [5.] 6. Section 13.5 of this act becomes effective at 12:01 a.m. on
13-9 October 1, [2003.] 2005.
13-10 [6.] 7. Section 35.2 of this act becomes effective at 12:01 a.m. on
13-11 October 1, [2003] 2005, and expires by limitation on May 1, 2013.
13-12 [7.] 8. Section 12 of this act becomes effective at 12:02 a.m. on
13-13 May 1, 2013.
13-14 Sec. 10. 1. This act becomes effective on October 1, 2001.
13-15 2. Sections 1 to 8,
inclusive, of this act expire by limitation on
October 1, 2005.
13-16 H