Amendment No. 763

 

 

 

     Amend sec. 15, pages 13 and 14, by deleting lines 13 through 45 on page 13 and lines 1 through 4 on page 14, and inserting:

     “Sec. 15.  NRS 338.1377 is hereby amended to read as follows:

     338.1377  [1.  Except as otherwise provided in NRS 338.1383,] If the governing body of [each] a local government that sponsors or finances a public work elects to award contracts for public works pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, the governing body shall adopt the following criteria for [the qualification of bidders] determining whether a person who has applied pursuant to NRS 338.1379 is qualified to bid on contracts for public works of the local government[. The governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.

     2.  Before adopting criteria pursuant to this section, the governing body of a local government shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:

     (a) Construction trade associations in this state; and

     (b) Labor unions representing trades in the building industry in this state.

     3.  The criteria adopted by a governing body pursuant to this section to determine whether an applicant is qualified to bid on a contract for a public work:

     (a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

     (b) May include only:

          (1) The financial ability of the applicant to perform a contract;

          (2) The principal personnel of the applicant;

          (3)] :

     1.  Whether the applicant possesses a valid contractor’s license of a class corresponding to the work to be required by the local government;

     2.  Whether the applicant has the ability to obtain the necessary bonding for the work to be required by the local government;

     3.  Whether the applicant has successfully completed one or more projects during the 5 years immediately preceding the date of application of similar size, scope or type as the work to be required by the local government;

     4.  Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work to be required by the local government;

     5.  Whether the applicant has breached any contracts with a public agency or person in this state or any other state[; and

          (4)] during the 5 years immediately preceding the date of application;

     6.  Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387[.] ;

     7.  Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;

     8.  Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work to be required by the local government;

     9.  Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS;

     10.  Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work to be required by the local government;

     11.  Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;

     12.  Whether the application of the applicant is truthful and complete; and

     13.  Whether, during the 5 years immediately preceding the date of application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract:

     (a) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative;

     (b) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or

     (c) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.

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Evidence of the failures described in this subsection may include, without limitation, the assessment of liquidated damages against the applicant, the forfeiture of any bonds posted by the applicant, an arbitration award granted against the applicant or a decision by a court of law against the applicant.”.

     Amend sec. 17, page 14, line 45, by deleting “30” and inserting “45”.

     Amend the title of the bill by deleting the eighth through tenth lines and inserting:

“revising the provisions governing the criteria for determining the qualification of bidders on public works of local governments; revising certain”.