338.1696 Negotiation of contract for construction of public work with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk. [Effective July 1, 2011.]
1. If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1695, after the public body has finalized the design for the public work, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work for the public body for:
(a) The cost of the work, plus a fee, with a guaranteed maximum price;
(b) A fixed price; or
(c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work.
2. If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work, the public body:
(a) Shall terminate negotiations with that applicant; and
(b) May award the contract for the public work:
(1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.
(2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive.
(Added to NRS by 2007, 2893; A 2009, 440, effective July 1, 2011)
338.1696 Negotiation of contract for construction of public work with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk. [Effective July 1, 2011.]
1. If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1695, after the public body has finalized the design for the public work, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work for the public body for:
(a) The cost of the work, plus a fee, with a guaranteed maximum price;
(b) A fixed price; or
(c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work.
2. If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work, the public body:
(a) Shall terminate negotiations with that applicant; and
(b) May award the contract for the public work:
(1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.
(2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive.
(Added to NRS by 2007, 2893; A 2009, 440, effective July 1, 2011)
338.1696 Negotiation of contract for construction of public work with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk. [Effective July 1, 2011.]
1. If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1695, after the public body has finalized the design for the public work, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work for the public body for:
(a) The cost of the work, plus a fee, with a guaranteed maximum price;
(b) A fixed price; or
(c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work.
2. If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work, the public body:
(a) Shall terminate negotiations with that applicant; and
(b) May award the contract for the public work:
(1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.
(2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive.
(Added to NRS by 2007, 2893; A 2009, 440, effective July 1, 2011)
