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 the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 7 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. NRS 408.111 is hereby amended to read as follows:
408.111 1. The Department consists of a Director, [a Deputy Director,] two Deputy Directors, a Chief Engineer and the following divisions:
(a) Administrative Division.
(b) Operations Division.
(c) Engineering Division.
(d) Planning Division.
2. The head of a division is an assistant director. Assistant directors are in the classified service of the State.
Sec. 2. NRS 408.116 is hereby amended to read as follows:
408.116 1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the Department is named as a defendant must be personally served upon both the Director and the Chairman of the Board or, in the absence of the Director and the Chairman of the Board, the process must be served personally upon both the Secretary of State and one of the Deputy [Director.] Directors.
2. All legal actions brought and defended by the Department must be in the name of the State of Nevada on relation of its Department.
3. This section is not a consent on the part of the Department to be sued.
Sec. 3. NRS 408.175 is hereby amended to read as follows:
408.175 1. The Director shall:
(a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.
(b) Appoint one Deputy Director for southern Nevada whose principle office must be located in an urban area in southern Nevada.
(c) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.
2. Except as otherwise provided in NRS 284.143, the Deputy [Director] Directors shall devote [his] their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
3. The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his duties.
Sec. 4. NRS 408.178 is hereby amended to read as follows:
408.178 1. [The] Each Deputy Director:
(a) Is in the unclassified service of the State.
(b) Must hold a master’s degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a licensed professional engineer.
(c) Must have at least 2 years of administrative experience as the assistant director, the chief engineer or the head of an Engineering or Planning Division of the Department, or have equivalent experience.
2. The Chief Engineer:
(a) Is in the classified service of the State.
(b) Must be a licensed professional engineer.
(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a state’s agency which has duties similar to those of the Department.
3. If the Director or the Deputy Director appointed pursuant to paragraph (a) of subsection 1 of NRS 408.175, is a licensed professional engineer, he may also act as the Department’s Chief Engineer.
Sec. 5. NRS 408.180 is hereby amended to read as follows:
408.180 The Director and Deputy [Director] Directors shall each take the official oath.
Sec. 6. NRS 408.185 is hereby amended to read as follows:
408.185 1. The Director and Deputy [Director] Directors may use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
2. Such a device must be of such a nature that the facsimile signature plate may be inserted and removed from the mechanical device only by use of two locking keys.
3. Such facsimile signatures must be made and used only under the personal direction and supervision of the Director [and Deputy Director, respectively.] or Deputy Director whose signature the facsimile represents.
4. All of the facsimile signature plates and locking keys must at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use is prevented.
5. Notwithstanding the provisions of this section, the Director or a Deputy Director and the State Treasurer may combine their facsimile signatures as provided in NRS 226.080.”.
Amend sec. 2, page 3, line 41, by deleting “(d)” and inserting “[(d)] (c)”.
Amend sec. 2, page 3, by deleting lines 42 through 44, and inserting:
“subsection [5] 6 of NRS 408.3886, which must not become matters of public record.”.
Amend the bill as a whole by deleting sections 3 and 4, and renumbering sections 5 and 6 as sections 8 and 9.
Amend sec. 5, page 4, by deleting lines 42 and 43, and inserting:
“(a) The extent to which designs must be completed for both preliminary and final”.
Amend sec. 5, page 5, lines 23 and 24, by deleting:
“or section 1 of this act”.
Amend sec. 5, page 5, by deleting line 25, and inserting:
“proposal or best and final offer, or both, and, if so, an estimate of the”.
Amend sec. 6, page 6, by deleting lines 14 through 22, and inserting:
“(c) Request best and final offers from all finalists in accordance with subsection 5.
5. If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:
(a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or
(b) Reject all the best and final offers.
6. If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 [,] or selects a best and final offer pursuant to paragraph (a) of subsection 5, 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”.
Amend sec. 6, page 6, line 28, by deleting “(d)” and inserting “[(d)] (c)”.
Amend sec. 6, page 6, line 31, by deleting “proposals.” and inserting:
“proposals [.] and, if applicable, best and final offers.”.
Amend the title of the bill to read as follows:
“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.”.