2001 REGULAR SESSION (71st) A SB255 135
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, line 10, by deleting “or”.
Amend section 1, page 2, by deleting lines 11 and 12 and inserting:
“(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.”.
Amend sec. 2, page 3, by deleting line 42 and inserting:
“professional who is”.
Amend sec. 2, page 3, line 43, by deleting “[not]” and inserting “not”.
Amend sec. 2, page 4, by deleting lines 14 through 18 and inserting:
“(c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional.
(d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.
(e) May require the design professional to defend, indemnify and hold”.
Amend sec. 2, page 4, line 20, by deleting “and costs,” and inserting:
“, claims, actions or proceedings,”.
Amend sec. 2, page 4, by deleting line 22 and inserting:
“negligence, errors, omissions, recklessness or intentional misconduct of the design”.
Amend sec. 2, page 4, line 25, by deleting “(c) or”.
Amend sec. 3, pages 4 and 5, by deleting lines 47 and 48 on page 4 and lines 1 through 3 on page 5, and inserting:
“(c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional.
(d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.
(e) May require the design professional to defend, indemnify and hold”.
Amend sec. 3, page 5, line 5, by deleting “and costs,” and inserting:
“, claims, actions or proceedings,”.
Amend sec. 3, page 5, by deleting line 7 and inserting:
“negligence, errors, omissions, recklessness or intentional misconduct of the design”.
Amend sec. 3, page 5, line 10, by deleting “(c)” and inserting “(d)”.
Amend sec. 3, page 5, by deleting lines 22 and 23 and inserting:
“(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 338.1727 is hereby amended to read as follows:
338.1727 1. After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:
(a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and
(b) Set forth the date by which final proposals must be submitted to the public body.
2. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1 and comply with the provisions of NRS 338.141. If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.
3. At least 30 days after receiving the final proposals for the public work, the public body shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsection 1; or
(b) Reject all the final proposals.
4. If a public body selects a final proposal pursuant to paragraph (a) of subsection 3, the public body shall, at its next regularly scheduled meeting:
(a) Review and ratify the selection.
(b) Award the design-build contract to the design-build team whose proposal is selected.
(c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (i) of subsection 2 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.
(d) Make available to the public a summary setting forth the factors used by the public body to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
5. A contract awarded pursuant to this section : [must specify:]
(a) Must specify:
(1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;
[(b)] (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and
[(c)] (3) A date by which performance of the work required by the contract must be completed.
(b) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.
(c) Except as otherwise provided in paragraph (d), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.
(d) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.
6. Any provision of a contract that is in violation of paragraph (c) of subsection 5 is declared to be contrary to the public policy of this state and is void.
7. A design-build team to whom a contract is awarded pursuant to this section shall:
(a) Assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner; and
(b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the public work.”.
Amend sec. 5, page 5, line 26, by deleting “and 4” and inserting:
“, 4 and 5”.
Amend sec. 5, page 5, line 28, by deleting “and 2” and inserting:
“, 2 and 4”.