Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB401 (§§ 6, 15).
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 sec. 2, page 1, line 4, after road, by inserting railroad,.
Amend sec. 2, page 1, line 6, before transportation by inserting:
support of or the.
Amend sec. 3, page 1, line 9, by deleting acquire, and inserting develop,.
Amend sec. 4, page 2, line 4, by deleting acquire, and inserting develop,.
Amend sec. 4, page 2, line 14, by deleting acquisition and inserting development.
Amend sec. 4, page 2, by deleting lines 23 and 24 and inserting:
(3) Any property that the person submitting the request proposes that the public body condemn..
Amend sec. 4, page 2, line 29, by deleting acquisition and inserting development.
Amend sec. 4, page 2, line 32, by deleting public utility and inserting:
utility or existing transportation facility.
Amend sec. 4, page 2, line 37, by deleting facility. and inserting:
facility, which must include, without limitation:
(1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money;
(2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions;
(3) The identification of any risk factors identified by the person that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors; and
(4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources..
Amend sec. 5, page 2, by deleting lines 42 through 44 and inserting:
Sec. 5. If a public body receives a request regarding a transportation facility pursuant to section 4 of this act and the public body determines that the transportation facility serves a public purpose, the public body may request other persons to submit proposals to develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility..
Amend sec. 6, page 3, line 4, by deleting To determine and inserting In determining.
Amend sec. 6, page 3, by deleting lines 11 and 12 and inserting:
transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other.
Amend sec. 6, page 3, line 18, by deleting acquisition and inserting development.
Amend sec. 6, page 3, line 22, by deleting real.
Amend sec. 6, page 3, between lines 27 and 28, by inserting:
3. The public body may request that a person who submitted a request or proposal pursuant to section 4 or 5 of this act furnish a copy of the request or proposal to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the public body any comments it has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide transportation plan or program that is applicable to the governmental entity..
Amend sec. 6, page 3, line 28, by deleting 3. and inserting 4..
Amend sec. 6, page 3, line 33, by deleting 4. and inserting 5..
Amend sec. 6, page 3, line 38, by deleting 5. and inserting 6..
Amend sec. 6, page 3, line 39, by deleting acquisition and inserting development.
Amend sec. 9, page 4, line 38, by deleting Each and inserting:
[Each] Except as otherwise provided in subsection 4, each.
Amend sec. 9, page 4, by deleting lines 40 and 41 and inserting:
build team [once in each fiscal year].
Amend sec. 9, page 5, by deleting line 28 and inserting:
4. Each state agency and each department, division, board, unit or agency of a local government may contract with a design-build team once during each fiscal year for the design and construction of a public work subject to the provisions of subparagraph (4) or paragraph (a) of subsection 3.
5. Notwithstanding the provisions of subsections 1 [, 2 and 3,] to 4, inclusive, a.
Amend sec. 9, page 5, line 43, by deleting 5. and inserting [5.] 6..
Amend the bill as a whole by adding a new section designated sec. 9.5, following sec. 9, to read as follows:
Sec. 9.5. 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. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.
3. 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.
4. 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 subsections 1 and 2; or
(b) Reject all the final proposals.
5. If a public body selects a final proposal pursuant to paragraph (a) of subsection 4, 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 (f) of subsection 3 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.
6. A contract awarded pursuant to this section:
(a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive;
(b) 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;
(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
(3) A date by which performance of the work required by the contract must be completed.
[(b)] (c) 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)] (d) Except as otherwise provided in paragraph [(d),] (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 and agents of the public body.
[(d)] (e) 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.
7. Any provision of a contract that is in violation of paragraph [(c)] (d) of subsection 6 is declared to be contrary to the public policy of this state and is void.
8. 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 workforce of the prime contractor on the design-build team to construct at least 15 percent of the public work..
Amend sec. 11, page 6, line 6, after road, by inserting railroad,.
Amend sec. 11, page 6, line 8, before transportation by inserting:
support of or the.
Amend sec. 12, page 6, line 11, by deleting acquire, and inserting develop,.
Amend sec. 13, page 6, line 16, by deleting acquire, and inserting develop,.
Amend sec. 13, page 6, line 26, by deleting acquisition and inserting development.
Amend sec. 13, page 6, by deleting lines 35 and 36 and inserting:
(3) Any property that the person submitting the request proposes that the Department condemn..
Amend sec. 13, page 6, line 41, by deleting acquisition and inserting development.
Amend sec. 13, page 7, line 1, by deleting public utility and inserting:
utility or existing transportation facility.
Amend sec. 13, page 7, line 6, by deleting facility. and inserting:
facility, which must include, without limitation:
(1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money;
(2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions;
(3) The identification of any risk factors identified by the person submitting the request that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors; and
(4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources..
Amend sec. 14, page 7, by deleting lines 11 through 13 and inserting:
Sec. 14. 1. If the Department receives a request regarding a transportation facility pursuant to section 13 of this act and the Department determines pursuant to the provisions of subsection 1 of section 15 of this act that the transportation facility serves a public purpose, the Department may request other persons to submit proposals to develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.
2. The Department shall adopt regulations establishing:
(a) The procedures for requesting other persons to submit proposals to the Department; and
(b) The procedures for other persons to submit proposals to the Department..
Amend sec. 15, page 7, line 17, by deleting To determine and inserting In determining.
Amend sec. 15, page 7, by deleting lines 24 and 25 and inserting:
transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other.
Amend sec. 15, page 7, line 31, by deleting acquisition and inserting development.
Amend sec. 15, page 7, line 42, after 3. by inserting:
The Department may request that a person who submitted a request or proposal pursuant to section 13 or 14 of this act furnish a copy of the request or proposal to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the Department any comments it has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide transportation plan or program that is applicable to the governmental entity.
4..
Amend sec. 15, page 8, line 3, by deleting 4. and inserting 5..
Amend sec. 15, page 8, line 8, by deleting 5. and inserting 6..
Amend sec. 15, page 8, line 9, by deleting acquisition and inserting development.
Amend sec. 18, page 8, line 32, by deleting $30,000,000; and inserting [$30,000,000;] $20,000,000;.
Amend sec. 18, page 9, line 4, by deleting:
$5,000,000 but less than $30,000,000 and inserting:
[$5,000,000] $2,500,000 but less than [$30,000,000] $20,000,000.
Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:
Sec. 18.5. NRS 408.3886 is hereby amended to read as follows:
408.3886 1. After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:
(a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, 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 Department.
2. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.
3. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.
4. After receiving the final proposals for the project, the Department shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2; or
(b) Reject all the final proposals.
5. If the Department selects a final proposal pursuant to paragraph (a) of subsection 4, the Department shall hold a public meeting to:
(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 (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, three 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 Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
6. A contract awarded pursuant to this section [must specify:] :
(a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive; and
(b) Must specify:
(1) An amount that is the maximum amount that the Department 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 Department 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.
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 project is completed in a satisfactory manner; and
(b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project..
Amend the title of the bill to read as follows:
AN ACT relating to public works; providing that a public body or the Department of Transportation may authorize a private entity to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility; providing that certain contracts awarded to a design-build team must comply with the provisions relating to paying a prevailing wage on public works projects; and providing other matters properly relating thereto..
Amend the summary of the bill to read as follows: