Assembly Bill No. 519–Committee on Transportation
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT 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.
Sec. 7. 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)] (c)
of subsection [5] 6 of NRS 408.3886, 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. 8. NRS 408.3883 is hereby amended to read as follows:
408.3883 1. The Department shall advertise for preliminary
proposals for the design and construction of a project by a design-
build team in a newspaper of general circulation in this state.
2. A request for preliminary proposals published pursuant to
subsection 1 must include, without limitation:
(a) A description of the proposed project;
(b) Separate estimates of the costs of designing and constructing
the project;
(c) The dates on which it is anticipated that the separate phases
of the design and construction of the project will begin and end;
(d) The date by which preliminary proposals must be submitted
to the Department, which must not be less than 30 days after the
date that the request for preliminary proposals is first published in a
newspaper pursuant to subsection 1; and
(e) A statement setting forth the place and time in which a
design-build team desiring to submit a proposal for the project may
obtain the information necessary to submit a proposal, including,
without limitation, the information set forth in subsection 3.
3. The Department shall maintain at the time and place set
forth in the request for preliminary proposals the following
information for inspection by a design-build team desiring to submit
a proposal for the project:
(a) The extent to which designs must be completed for both
preliminary and final proposals and any other requirements for the
design and construction of the project that the Department
determines to be necessary;
(b) A list of the requirements set forth in NRS 408.3884;
(c) A list of the factors that the Department will use to evaluate
design-build teams who submit a proposal for the project, including,
without limitation:
(1) The relative weight to be assigned to each factor pursuant
to NRS 408.3886; and
(2) A disclosure of whether the factors that are not related to
cost are, when considered as a group, more or less important in the
process of evaluation than the factor of cost;
(d) Notice that a design-build team desiring to submit a proposal
for the project must include with its proposal the information used
by the Department to determine finalists among the design-build
teams submitting proposals pursuant to subsection 2 of NRS
408.3885 and a description of that information;
(e) A statement that a design-build team whose prime contractor
holds a certificate of eligibility to receive a preference in bidding on
public works issued pursuant to NRS 338.1389 or 338.147 should
submit a copy of the certificate of eligibility with its proposal; and
(f) A statement as to whether a bidding design-build team that is
selected as a finalist pursuant to NRS 408.3885 but is not awarded
the design-build contract pursuant to NRS 408.3886 will be partially
reimbursed for the cost of preparing a final proposal or best and
final offer, or both, and, if so, an estimate of the amount of the
partial reimbursement.
Sec. 9. 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[.] ; or
(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
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] 3 percent of the total amount to be paid
to the design-build team as set forth in the design-build contract.
[(d)] (c) 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 [.] and, if applicable, best and final offers. 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) 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) 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) 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.
Sec. 10. This act becomes effective July 1, 2003.
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