Nevada Code § 338.1692

Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees
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1. A public body or its authorized
representative shall advertise for proposals for a construction manager at risk
in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 .
2. A request for proposals published
pursuant to subsection 1 must include, without limitation:
(a) A description of the public work;
(b) An estimate of the cost of construction;
(c) A description of the work that the public
body expects a construction manager at risk to perform;
(d) The dates on which it is anticipated that the
separate phases of the preconstruction and construction of the public work will
begin and end;
(e) The date by which proposals must be submitted
to the public body;
(f) If the project is a public work of the State,
a statement setting forth that the construction manager at risk must be
qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a proposal;
(g) The name, title, address and telephone number
of a person employed by the public body that an applicant may contact for further
information regarding the public work;
(h) A list of the selection criteria and relative
weight of the selection criteria that will be used to rank proposals pursuant
to subsection 2 of NRS 338.1693 ;
(i) A list of the selection criteria and relative
weight of the selection criteria that will be used to rank applicants pursuant
to subsection 7 of NRS 338.1693 ; and
(j) A notice that the proposed form of the
contract to assist in the preconstruction of the public work or to construct
the public work, including, without limitation, the terms and general
conditions of the contract, is available from the public body.
3. A proposal must include, without
limitation:
(a) An explanation of the experience that the
applicant has with projects of similar size and scope in both the public and
private sectors by any delivery method, whether or not that method was the use
of a construction manager at risk, and including, without limitation,
design-build, design-assist, negotiated work or value-engineered work, and an
explanation of the experience that the applicant has in such projects in
Nevada;
(b) The contact information for references who
have knowledge of the background, character and technical competence of the
applicant;
(c) Evidence of the ability of the applicant to
obtain the necessary bonding for the work to be required by the public body;
(d) Evidence that the applicant has obtained or
has the ability to obtain such insurance as may be required by law;
(e) A statement of whether the applicant has
been:
(1) Found liable for breach of contract
with respect to a previous project, other than a breach for legitimate cause,
during the 5 years immediately preceding the date of the advertisement for
proposals; and
(2) Disqualified from being awarded a
contract pursuant to NRS 338.017 , 338.13895 , 338.1475 or 408.333 ;
(f) The professional qualifications and experience
of the applicant, including, without limitation, the resume of any employee of
the applicant who will be managing the preconstruction and construction of the
public work;
(g) The safety programs established and the
safety records accumulated by the applicant;
(h) Evidence that the applicant is licensed as a
contractor pursuant to chapter 624 of NRS;
(i) The proposed plan of the applicant to manage
the preconstruction and construction of the public work which sets forth in
detail the ability of the applicant to provide preconstruction services and to
construct the public work and which includes, if the public work involves
predominantly horizontal construction, a statement that the applicant will
perform construction work equal in value to at least 25 percent of the
estimated cost of construction; and
(j) If the project is for the design of a public
work of the State, evidence that the applicant is qualified to bid on a public
work of the State pursuant to NRS 338.1379 .
4. The public body or its authorized
representative shall make available to the public the name of each applicant
who submits a proposal pursuant to this section.
5. An applicant shall not substitute a
different employee for an employee whose resume was submitted pursuant to
paragraph (f) of subsection 3, unless:
(a) The employee whose resume was submitted is no
longer employed by the applicant or is unavailable for medical reasons; or
(b) The public body enters into a contract with
the applicant for preconstruction services pursuant to NRS 338.1693 more than 90 days after the
date on which the final ranking of applicants was made pursuant to subsection 7
of NRS 338.1693 .

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