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. 3, page 2, by deleting lines 17 through 24 and inserting:
“local government determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.”.
Amend sec. 3, page 2, line 27, after “project” by inserting “over $25,000”.
Amend sec. 3, page 2, by deleting lines 38 through 44 and inserting:
“5. The provisions of this section do not relieve this state from the duty to award the contract for the public work to a bidder who is:
(a) Qualified pursuant to the applicable provisions of NRS 338.1375 to 338.1383, inclusive; and
(b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one”.
Amend sec. 4, page 3, by deleting lines 1 through 6 and inserting:
“Sec. 4. 1. If the State or a local government proposes to perform a public works project itself in accordance with subsection 2 of section 2 of this act, the public officer responsible for the management of the public works projects of the State or the local government, as applicable, must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the project is commenced, prepare a signed”.
Amend sec. 6, page 3, by deleting lines 37 through 44 and inserting:
“government determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.”.
Amend sec. 6, page 4, line 2, after “project” by inserting “over $25,000”.
Amend sec. 6, page 4, by deleting lines 16 and 17 and inserting:
“work to a bidder who is the lowest responsive and responsible bidder, if bids are required to be solicited from more than”.
Amend sec. 7, page 4, by deleting lines 20 through 24 and inserting:
“Sec. 7. 1. If a local government proposes to perform a public works project itself in accordance with subsection 2 of section 5 of this act, the public officer responsible for the management of the public works projects of the local government must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the project is commenced, prepare a”.
Amend sec. 7, page 4, line 37, by deleting:
“applicable public body.” and inserting “local government.”.
Amend sec. 8, page 5, line 31, by deleting:
“paragraph (b) of subsection 1” and inserting:
“[paragraph (b) of subsection 1] subsection 2”.
Amend sec. 8, page 6, line 7, after “subdivision.” by inserting:
“The term includes a person who has been designated by a local government to serve as the authorized representative of the local government in developing and awarding contracts for public works projects on behalf of the local government.”.
Amend sec. 9, page 7, by deleting lines 30 through 41 and inserting:
“338.1373 [1.] A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:
[(a)]1. NRS 338.1377 to 338.139, inclusive[; or
(b)], and sections 2, 3 and 4 of this act; or
2. NRS 338.143 to 338.148, inclusive [.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, and 338.139 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.], and sections 5, 6 and 7 of this act.”.
Amend sec. 10, page 8, line 1, by deleting:
“paragraph (a) of” and inserting:
“[paragraph (a) of]”.
Amend sec. 10, page 9, line 29, by deleting:
“NRS 408.323 or 408.327;” and inserting:
“NRS 408.323 ; [or 408.327;]”.
Amend sec. 11, page 9, line 43, by deleting:
“paragraph (a) of” and inserting:
“[paragraph (a) of]”.
Amend sec. 11, page 11, by deleting lines 30 and 31 and inserting:
“maintenance of highways subject to NRS 408.323 ; [or 408.327;]
(c) Normal maintenance of the property of a school district; [or]”.
Amend sec. 13, page 15, line 19, by deleting:
“paragraph (b) of subsection 1” and inserting:
“[paragraph (b) of subsection 1] subsection 2”.
Amend sec. 13, page 16, line 37, by deleting:
“NRS 408.323 or 408.327;” and inserting:
“NRS 408.323 ; [or 408.327;]”.
Amend sec. 14, page 17, lines 7 and 8, by deleting:
“paragraph (b) of subsection 1” and inserting:
“[paragraph (b) of subsection 1] subsection 2”.
Amend sec. 14, page 18, line 29, by deleting:
“NRS 408.323 or 408.327;” and inserting:
“NRS 408.323 ; [or 408.327;]”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 18 and 19 and adding new sections designated sections 16 and 17, following sec. 15, to read as follows:
“Sec. 16. NRS 338.1715 is hereby amended to read as follows:
338.1715 1. A public body that is required to contract with a prime contractor pursuant to subsection 1 of NRS 338.1711 or elects to contract with a prime contractor pursuant to subsection 4 of NRS 338.1711 shall select the prime contractor in accordance with the procedures for bidding that are set forth in:
(a) The provisions of NRS 338.1375 to 338.139, inclusive; or
(b) NRS 338.143 to 338.148, inclusive, if the public body is a local government that elects to award a contract for a public work in accordance with [paragraph (b) of subsection 1] subsection 2 of NRS 338.1373.
2. A public body that contracts with a design-build team pursuant to NRS 338.1711 and 338.1713 shall select the design-build team in accordance with NRS 338.1721 to 338.1727, inclusive.
Sec. 17. NRS 338.1721 is hereby amended to read as follows:
338.1721 To qualify to participate in a project for the design and construction of a public work, a design-build team must:
1. Obtain a performance bond and payment bond as required pursuant to NRS 339.025;
2. Obtain insurance covering general liability and liability for errors and omissions;
3. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;
4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.1387 [, 338.145 or 408.333;] or 338.145; and
5. Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.”.
Amend sec. 16, page 22, by deleting lines 14 through 20 and inserting:
“341.148 [1. Except as otherwise provided in subsection 2, the] The Board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project [.] whose estimated cost is more than $100,000. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The Board may accept bids on either the whole”.
Amend the bill as a whole by renumbering sec. 18 as sec. 27 and adding new sections designated sections 20 through 26, following sec. 17, to read as follows:
“Sec. 20. NRS 408.205 is hereby amended to read as follows:
408.205 1. With the approval of the Board, the Director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter . [, except those construction contracts as provided in NRS 408.327 and 408.347.]
2. The Director has such other power and authority as is necessary and proper under the provisions of this chapter, or as the Board delegates to him.
3. The Director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the Department who make written requests for such deductions and purchases. To allow all Department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the Director shall provide forms authorizing the deductions and purchases and shall make them readily available to all Department officers and employees.
Sec. 21. NRS 408.215 is hereby amended to read as follows:
408.215 1. The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the Department, except [those financial statements described in NRS 408.333 and] the financial or proprietary information described in paragraph (d) of subsection 5 of NRS [408.3886,] 338.1727, which must not become matters of public record.
2. The Director may photograph, microphotograph or film or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.
3. The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.
4. The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 22. NRS 408.225 is hereby amended to read as follows:
408.225 [Except as otherwise provided in NRS 408.323, the] The Director, with the approval of the Board, may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services required for the purpose of this chapter. Such equipment, supplies and services must be managed and used under the control of the Director.
Sec. 23. NRS 408.317 is hereby amended to read as follows:
408.317 1. Except as otherwise provided in NRS [408.3875 to 408.3887,] 338.1711 to 338.1727, inclusive, all work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter is under the supervision and direction of the Director and must be performed in accordance with the plans, specifications and contracts prepared by him.
2. All maintenance and repair of highways when performed by the Department must be paid out of the State Highway Fund.
Sec. 24. NRS 408.323 is hereby amended to read as follows:
408.323 [1. Whenever it can be justified by the Director that limited work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.327, the Director may, with the approval of the Board, execute such work or improvements with Department facilities and employees.
2.] In the event of disaster or great emergency the Director may, with the approval of the Board, hire, employ or contract for such labor, materials and equipment as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster . [, and the provisions of NRS 408.327 and 408.367 do not apply.]
Sec. 25. NRS 625.530 is hereby amended to read as follows:
625.530 Except as otherwise provided in NRS 338.1711 to 338.1727, inclusive : [, and 408.3875 to 408.3887, inclusive:]
1. The State of Nevada or any of its political subdivisions, including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a professional engineer, professional land surveyor or registered architect.
2. The provisions of this section do not:
(a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.
(b) Include any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Authorize a professional engineer, registered architect or professional land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) Require the services of an architect registered pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a professional engineer, professional land surveyor or registered architect to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another engineer, land surveyor or architect.
Sec. 26. NRS 408.327, 408.333, 408.337, 408.343, 408.347, 408.357, 408.367, 408.3875, 408.3876, 408.3877, 408.3878, 408.3879, 408.388, 408.3881, 408.3882, 408.3883, 408.3884, 408.3885, 408.3886 and 408.3887 are hereby repealed.”.
Amend sec. 18, page 23, line 16, by deleting:
“13, 15, 16 and 17” and inserting:
“13 and 15 to 26, inclusive,”.
Amend sec. 18, page 23, line 19, by deleting:
“at 12:01 a.m.”.
Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 18, to read as follows:
LEADLINES OF REPEALED SECTIONS
408.327 Advertisement for bids; publication.
408.333 Bids and bidders: Experience and financial ability; hearing upon disqualification; appeal of decision.
408.337 Bids and bidders: Security; forfeiture; refunds.
408.343 Bids and bidders: Procedure for award of contract.
408.347 Execution of contract in name of state; copies filed with department and county commissioners.
408.357 Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.
408.367 Project not exceeding $250,000: Informal bids; advertisement; mailing of invitation to bid; contract; bonds; exception.
408.3875 Definitions.
408.3876 “Design-build contract” defined.
408.3877 “Design-build team” defined.
408.3878 “Prime contractor” defined.
408.3879 “Project” defined.
408.388 Projects for which department may contract with design-build team.
408.3881 Public meeting; notice.
408.3882 Procedure for selecting design-build team.
408.3883 Preliminary proposals: Advertisement by department; publication; information available for inspection by design-build teams.
408.3884 Qualifications of design-build team.
408.3885 Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.
408.3886 Request for final proposals; submission of final proposals; selection or rejection of final proposals; awarding contract; duties of design-build team.
408.3887 Employment of architect or engineer as consultant during construction.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; providing for an expedited process by which the State or a local government solicits bids and awards contracts for certain smaller public works projects to properly licensed contractors or completes such projects itself; providing that such an expedited process does not relieve the State or a local government from certain duties; requiring the Department of Transportation to follow the same provisions relating to contracting and design-build projects which other state agencies are required to follow; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: