(Reprinted with amendments adopted on May 28, 2003)

 

Assembly Bill No. 519–Committee on Transportation

 

(On Behalf of the Department of Transportation)

 

March 24, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions relating to awarding of design-build contracts by Department of Transportation. (BDR 35‑542)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Department of Transportation; providing for an additional Deputy Director for the Department; authorizing the Department, in carrying out the process for awarding design-build contracts, to request best and final proposals under certain circumstances; establishing procedures for requesting and evaluating best and final proposals; 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 408.111 is hereby amended to read as follows:

1-2  408.111  1.  The Department consists of a Director, [a Deputy

1-3  Director,] two Deputy Directors, a Chief Engineer and the following

1-4  divisions:

1-5  (a) Administrative Division.

1-6  (b) Operations Division.

1-7  (c) Engineering Division.

1-8  (d) Planning Division.

1-9  2.  The head of a division is an assistant director. Assistant

1-10  directors are in the classified service of the State.

 

2-1  Sec. 2.  NRS 408.116 is hereby amended to read as follows:

2-2  408.116  1.  All legal notices, writs, service and process issued

2-3  or ordered by a court of competent jurisdiction wherein the

2-4  Department is named as a defendant must be personally served upon

2-5  both the Director and the Chairman of the Board or, in the absence

2-6  of the Director and the Chairman of the Board, the process must be

2-7  served personally upon both the Secretary of State and one of the

2-8  Deputy [Director.] Directors.

2-9  2.  All legal actions brought and defended by the Department

2-10  must be in the name of the State of Nevada on relation of its

2-11  Department.

2-12      3.  This section is not a consent on the part of the Department to

2-13  be sued.

2-14      Sec. 3.  NRS 408.175 is hereby amended to read as follows:

2-15      408.175  1.  The Director shall:

2-16      (a) Appoint one Deputy Director who in the absence, inability or

2-17  failure of the Director has full authority to perform any duty

2-18  required or permitted by law to be performed by the Director.

2-19      (b) Appoint one Deputy Director for southern Nevada whose

2-20  principle office must be located in an urban area in southern

2-21  Nevada.

2-22      (c) Employ such engineers, engineering and technical assistants,

2-23  clerks and other personnel as in his judgment may be necessary to

2-24  the proper conduct of the Department and to carry out the provisions

2-25  of this chapter.

2-26      2.  Except as otherwise provided in NRS 284.143, the Deputy

2-27  [Director] Directors shall devote [his] their entire time and attention

2-28  to the business of the office and shall not pursue any other business

2-29  or occupation or hold any other office of profit.

2-30      3.  The Director may delegate such authority as may be

2-31  necessary for the Deputy Director appointed pursuant to

2-32  paragraph (b) of subsection 1 to carry out his duties.

2-33      Sec. 4.  NRS 408.178 is hereby amended to read as follows:

2-34      408.178  1.  [The] Each Deputy Director:

2-35      (a) Is in the unclassified service of the State.

2-36      (b) Must hold a master’s degree in public or business

2-37  administration, hold the degree of bachelor of science in civil,

2-38  structural, mechanical or industrial engineering, or be a licensed

2-39  professional engineer.

2-40      (c) Must have at least 2 years of administrative experience as the

2-41  assistant director, the chief engineer or the head of an Engineering

2-42  or Planning Division of the Department, or have equivalent

2-43  experience.

2-44      2.  The Chief Engineer:

2-45      (a) Is in the classified service of the State.

3-1  (b) Must be a licensed professional engineer.

3-2  (c) Except as otherwise provided in subsection 3, must have at

3-3  least 3 years of experience as the final engineering authority for a

3-4  state’s agency which has duties similar to those of the Department.

3-5  3.  If the Director or the Deputy Director appointed pursuant to

3-6  paragraph (a) of subsection 1 of NRS 408.175, is a licensed

3-7  professional engineer, he may also act as the Department’s Chief

3-8  Engineer.

3-9  Sec. 5.  NRS 408.180 is hereby amended to read as follows:

3-10      408.180  The Director and Deputy [Director] Directors shall

3-11  each take the official oath.

3-12      Sec. 6.  NRS 408.185 is hereby amended to read as follows:

3-13      408.185  1.  The Director and Deputy [Director] Directors

3-14  may use a facsimile signature produced through a mechanical device

3-15  in place of their handwritten signatures whenever the necessity may

3-16  arise.

3-17      2.  Such a device must be of such a nature that the facsimile

3-18  signature plate may be inserted and removed from the mechanical

3-19  device only by use of two locking keys.

3-20      3.  Such facsimile signatures must be made and used only under

3-21  the personal direction and supervision of the Director [and Deputy

3-22  Director, respectively.] or Deputy Director whose signature the

3-23  facsimile represents.

3-24      4.  All of the facsimile signature plates and locking keys must at

3-25  all times be kept in a vault, securely locked when not in use, to the

3-26  end that any misuse, fraudulent use or other improper use is

3-27  prevented.

3-28      5.  Notwithstanding the provisions of this section, the Director

3-29  or a Deputy Director and the State Treasurer may combine their

3-30  facsimile signatures as provided in NRS 226.080.

3-31      Sec. 7.  NRS 408.215 is hereby amended to read as follows:

3-32      408.215  1.  The Director has charge of all the records of the

3-33  Department, keeping records of all proceedings pertaining to the

3-34  Department and keeping on file information, plans, specifications,

3-35  estimates, statistics and records prepared by the Department, except

3-36  those financial statements described in NRS 408.333 and the

3-37  financial or proprietary information described in paragraph [(d)] (c)

3-38  of subsection [5] 6 of NRS 408.3886, which must not become

3-39  matters of public record.

3-40      2.  The Director may photograph, microphotograph or film or

3-41  dispose of the records of the Department referred to in subsection 1

3-42  as provided in NRS 239.051, 239.080 and 239.085.

3-43      3.  The Director shall maintain an index or record of deeds or

3-44  other references of title or interests in and to all lands or interests in

3-45  land owned or acquired by the Department.

4-1  4.  The Director shall adopt such regulations as may be

4-2  necessary to carry out and enforce the provisions of this chapter.

4-3  Sec. 8.  NRS 408.3883 is hereby amended to read as follows:

4-4  408.3883  1.  The Department shall advertise for preliminary

4-5  proposals for the design and construction of a project by a design-

4-6  build team in a newspaper of general circulation in this state.

4-7  2.  A request for preliminary proposals published pursuant to

4-8  subsection 1 must include, without limitation:

4-9  (a) A description of the proposed project;

4-10      (b) Separate estimates of the costs of designing and constructing

4-11  the project;

4-12      (c) The dates on which it is anticipated that the separate phases

4-13  of the design and construction of the project will begin and end;

4-14      (d) The date by which preliminary proposals must be submitted

4-15  to the Department, which must not be less than 30 days after the

4-16  date that the request for preliminary proposals is first published in a

4-17  newspaper pursuant to subsection 1; and

4-18      (e) A statement setting forth the place and time in which a

4-19  design-build team desiring to submit a proposal for the project may

4-20  obtain the information necessary to submit a proposal, including,

4-21  without limitation, the information set forth in subsection 3.

4-22      3.  The Department shall maintain at the time and place set

4-23  forth in the request for preliminary proposals the following

4-24  information for inspection by a design-build team desiring to submit

4-25  a proposal for the project:

4-26      (a) The extent to which designs must be completed for both

4-27  preliminary and final proposals and any other requirements for the

4-28  design and construction of the project that the Department

4-29  determines to be necessary;

4-30      (b) A list of the requirements set forth in NRS 408.3884;

4-31      (c) A list of the factors that the Department will use to evaluate

4-32  design-build teams who submit a proposal for the project, including,

4-33  without limitation:

4-34          (1) The relative weight to be assigned to each factor pursuant

4-35  to NRS 408.3886; and

4-36          (2) A disclosure of whether the factors that are not related to

4-37  cost are, when considered as a group, more or less important in the

4-38  process of evaluation than the factor of cost;

4-39      (d) Notice that a design-build team desiring to submit a proposal

4-40  for the project must include with its proposal the information used

4-41  by the Department to determine finalists among the design-build

4-42  teams submitting proposals pursuant to subsection 2 of NRS

4-43  408.3885 and a description of that information;

4-44      (e) A statement that a design-build team whose prime contractor

4-45  holds a certificate of eligibility to receive a preference in bidding on

5-1  public works issued pursuant to NRS 338.1389 or 338.147 should

5-2  submit a copy of the certificate of eligibility with its proposal; and

5-3  (f) A statement as to whether a bidding design-build team that is

5-4  selected as a finalist pursuant to NRS 408.3885 but is not awarded

5-5  the design-build contract pursuant to NRS 408.3886 will be partially

5-6  reimbursed for the cost of preparing a final proposal or best and

5-7  final offer, or both, and, if so, an estimate of the amount of the

5-8  partial reimbursement.

5-9  Sec. 9.  NRS 408.3886 is hereby amended to read as follows:

5-10      408.3886  1.  After selecting the finalists pursuant to NRS

5-11  408.3885, the Department shall provide to each finalist a request for

5-12  final proposals for the project. The request for final proposals must:

5-13      (a) Set forth the factors that the Department will use to select a

5-14  design-build team to design and construct the project, including the

5-15  relative weight to be assigned to each factor; and

5-16      (b) Set forth the date by which final proposals must be

5-17  submitted to the Department.

5-18      2.  Except as otherwise provided in this subsection, in assigning

5-19  the relative weight to each factor for selecting a design-build team

5-20  pursuant to subsection 1, the Department shall assign, without

5-21  limitation, a relative weight of 5 percent to the possession of a

5-22  certificate of eligibility to receive a preference in bidding on public

5-23  works and a relative weight of at least 30 percent for the proposed

5-24  cost of design and construction of the project. If any federal statute

5-25  or regulation precludes the granting of federal assistance or reduces

5-26  the amount of that assistance for a particular project because of the

5-27  provisions of this subsection relating to preference in bidding on

5-28  public works, those provisions of this subsection do not apply

5-29  insofar as their application would preclude or reduce federal

5-30  assistance for that project.

5-31      3.  A final proposal submitted by a design-build team pursuant

5-32  to this section must be prepared thoroughly, be responsive to the

5-33  criteria that the Department will use to select a design-build team to

5-34  design and construct the project described in subsection 1 and

5-35  comply with the provisions of NRS 338.141.

5-36      4.  After receiving the final proposals for the project, the

5-37  Department shall:

5-38      (a) Select the most cost-effective and responsive final proposal,

5-39  using the criteria set forth pursuant to subsections 1 and 2; [or]

5-40      (b) Reject all the final proposals[.] ; or

5-41      (c) Request best and final offers from all finalists in

5-42  accordance with subsection 5.

5-43      5.  If the Department determines that no final proposal

5-44  received is cost-effective or responsive and the Department further

5-45  determines that requesting best and final offers pursuant to this

6-1  subsection will likely result in the submission of a satisfactory

6-2  offer, the Department may prepare and provide to each finalist a

6-3  request for best and final offers for the project. In conjunction

6-4  with preparing a request for best and final offers pursuant to this

6-5  subsection, the Department may alter the scope of the project,

6-6  revise the estimates of the costs of designing and constructing the

6-7  project, and revise the selection factors and relative weights

6-8  described in paragraph (a) of subsection 1. A request for best and

6-9  final offers prepared pursuant to this subsection must set forth

6-10  the date by which best and final offers must be submitted to the

6-11  Department. After receiving the best and final offers, the

6-12  Department shall:

6-13      (a) Select the most cost-effective and responsive best and final

6-14  offer, using the criteria set forth in the request for best and final

6-15  offers; or

6-16      (b) Reject all the best and final offers.

6-17      6.  If the Department selects a final proposal pursuant to

6-18  paragraph (a) of subsection 4 [,] or selects a best and final offer

6-19  pursuant to paragraph (a) of subsection 5, the Department shall

6-20  hold a public meeting to:

6-21      (a) Review and ratify the selection.

6-22      (b) [Award the design-build contract to the design-build team

6-23  whose proposal is selected.

6-24      (c)] Partially reimburse the unsuccessful finalists if partial

6-25  reimbursement was provided for in the request for preliminary

6-26  proposals pursuant to paragraph (f) of subsection 3 of NRS

6-27  408.3883. The amount of reimbursement must not exceed, for each

6-28  unsuccessful finalist, [three] 3 percent of the total amount to be paid

6-29  to the design-build team as set forth in the design-build contract.

6-30      [(d)] (c) Make available to the public a summary setting forth

6-31  the factors used by the Department to select the successful design-

6-32  build team and the ranking of the design-build teams who submitted

6-33  final proposals [.] and, if applicable, best and final offers. The

6-34  Department shall not release to a third party, or otherwise make

6-35  public, financial or proprietary information submitted by a design-

6-36  build team.

6-37      6.  A contract awarded pursuant to this section must specify:

6-38      (a) An amount that is the maximum amount that the Department

6-39  will pay for the performance of all the work required by the

6-40  contract, excluding any amount related to costs that may be incurred

6-41  as a result of unexpected conditions or occurrences as authorized by

6-42  the contract;

6-43      (b) An amount that is the maximum amount that the Department

6-44  will pay for the performance of the professional services required by

6-45  the contract; and

7-1  (c) A date by which performance of the work required by the

7-2  contract must be completed.

7-3  7.  A design-build team to whom a contract is awarded pursuant

7-4  to this section shall:

7-5  (a) Assume overall responsibility for ensuring that the design

7-6  and construction of the project is completed in a satisfactory

7-7  manner; and

7-8  (b) Use the workforce of the prime contractor on the design-

7-9  build team to construct at least 15 percent of the project.

7-10      Sec. 10. This act becomes effective July 1, 2003.

 

7-11  H