There Is a Newer Version of the Nevada Revised Statutes
2010 Nevada Code
TITLE 28 PUBLIC WORKS AND PLANNING
Chapter 338 Public Works
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GENERAL PROVISIONS
- NRS 338.010 Definitions.
- NRS 338.011 Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency.
- NRS 338.0115 Inapplicability of this chapter and chapters 332 and 339 of NRS to certain projects constructed by private developers.
- NRS 338.012 Regulations of Labor Commissioner. EMPLOYMENT General Provisions
- NRS 338.013 Inclusion of identifying number from Labor Commissioner in advertisement or solicitation; reports by public bodies and contractors to Labor Commissioner.
- NRS 338.015 Enforcement by Labor Commissioner and Attorney General.
- NRS 338.016 Civil action to recover damages resulting from commission of offense.
- NRS 338.017 Temporary disqualification of contractor after imposition of administrative penalty; notification of State Contractors' Board.
- NRS 338.018 Applicability to certain contracts for construction work of Nevada System of Higher Education. Wages
- NRS 338.020 Hourly and daily rate of wages must not be less than prevailing wage in county; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in locality.
- NRS 338.030 Procedure for determination of prevailing wage in county.
- NRS 338.035 Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by making certain contributions in name of worker.
- NRS 338.040 Workers deemed to be employed on public works.
- NRS 338.050 Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive.
- NRS 338.060 Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and attorney's fees; waiver or reduction of penalty.
- NRS 338.070 Investigations of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; penalty for noncompliance.
- NRS 338.075 Applicability to certain contracts for construction work of Nevada System of Higher Education.
- NRS 338.080 Exemptions.
- NRS 338.090 Penalties. Employment Practices
- NRS 338.125 Fair employment practices: Contents of contracts concerning public works; breach of contract.
- NRS 338.130 Preferential employment in construction of public works.
- NRS 338.135 Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver. PROCEDURES FOR AWARDING CONTRACTS Limitations on General Applicability of Provisions
- NRS 338.1373 Option of local governments to comply with alternative procedures; inapplicability of certain provisions to contracts awarded by Department of Transportation. Qualification of Bidders; Qualification of Subcontractors on State Public Works
- NRS 338.1375 State Public Works Board: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders.
- NRS 338.1376 Qualification of subcontractors on contracts awarded by State Public Works Board required; methods of qualification; disqualification; appeal.
- NRS 338.1377 Local governments: Adoption of criteria for qualification of bidders.
- NRS 338.1378 Advertisement required before local government may accept applications for qualification of bidders.
- NRS 338.1379 Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant.
- NRS 338.1381 Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor.
- NRS 338.1382 Alternative procedure for qualification of bidders by local government. Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned by Veterans With Service-Connected Disabilities
- NRS 338.1384 Definitions.
- NRS 338.13841 "Business owned by a veteran with a service-connected disability" defined.
- NRS 338.13842 "Local business" defined.
- NRS 338.13843 "Veteran with a service-connected disability" defined.
- NRS 338.13844 Amount of preference.
- NRS 338.13845 Fraudulent acts.
- NRS 338.13846 Duty of State Public Works Board to report to Legislature.
- NRS 338.13847 Regulations. Advertising; Acceptance of Bids; Award of Contract
- NRS 338.1385 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions. [Effective through June 30, 2011.]
- NRS 338.1385 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions. [Effective July 1, 2011, through April 30, 2013.]
- NRS 338.1385 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions. [Effective May 1, 2013.]
- NRS 338.1386 State or local government to award contract for smaller public work to contractor or perform public work itself.
- NRS 338.13862 Requirements for awarding contract for smaller public work to contractor.
- NRS 338.13864 Attestation required before State or local government may perform certain smaller public works itself.
- NRS 338.1389 Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors' Board; regulations; fees; sanctions; objections.
- NRS 338.13895 Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.
- NRS 338.139 Awarding of contract to specialty contractor: Conditions. ADDITIONAL PROCEDURES, CONDITIONS AND LIMITATIONS RELATING TO CONTRACTS General Provisions
- NRS 338.140 Requirements and limitations relating to drafting of specifications for bids; documents generated by bidder in preparation or determination of prices included in bid.
- NRS 338.141 Bids to include certain information concerning subcontractors; when bids deemed not responsive with respect to subcontractors; requirements for substitution of named subcontractors.
- NRS 338.142 Notice of protest of award of contract: Period for filing; contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder. Alternative Procedures for Local Governments
- NRS 338.143 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before local government may commence public work itself; exemptions. [Effective through June 30, 2011.]
- NRS 338.143 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before local government may commence public work itself; exemptions. [Effective July 1, 2011, through April 30, 2013.]
- NRS 338.143 Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before local government may commence public work itself; exemptions. [Effective May 1, 2013.]
- NRS 338.1435 Constructability review required before advertising for bids.
- NRS 338.1442 Local government to award contract for smaller public work to contractor or perform public work itself.
- NRS 338.1444 Requirements for awarding contract for smaller public work to contractor.
- NRS 338.1446 Attestation required before local government may perform certain smaller public works itself.
- NRS 338.147 Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors' Board; regulations; fees; sanctions; objections.
- NRS 338.1475 Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.
- NRS 338.148 Awarding of contract to specialty contractor: Conditions. Provisions Required in Contracts
- NRS 338.150 Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception.
- NRS 338.153 Provision requiring persons who provide labor, equipment, materials, supplies or services for public work to comply with all applicable state and local laws.
- NRS 338.155 Provisions relating to design professional who is not member of design-build team. CONTRACTS FOR TRANSPORTATION FACILITIES
- NRS 338.161 "Transportation facility" defined.
- NRS 338.162 Alternative methods of authorization.
- NRS 338.163 Submission of request to public body; contents of request.
- NRS 338.164 Request for submission of proposals by public body.
- NRS 338.166 Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishment of date for development of or commencement of construction of transportation facility.
- NRS 338.167 Contract for transportation services.
- NRS 338.168 Federal, state or local assistance. CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK
- NRS 338.169 Local government authorized to construct public work by selecting and entering into contracts with construction manager at risk. [Effective through June 30, 2011.]
- NRS 338.169 Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk. [Effective July 1, 2011.]
- NRS 338.1691 Qualifications for construction manager at risk. [Effective through June 30, 2011.]
- NRS 338.1691 Qualifications for construction manager at risk. [Effective July 1, 2011.]
- NRS 338.1692 Advertising for statements of qualifications for construction manager at risk; contents of request; requirements for statement of qualifications. [Effective through June 30, 2011.]
- NRS 338.1692 Advertising for statements of qualifications for construction manager at risk; contents of request; requirements for statement of qualifications. [Effective July 1, 2011.]
- NRS 338.1693 Ranking of statements of qualifications; selection of finalists; availability to public of rankings of applicants; minimum number of qualified applicants required. [Effective through June 30, 2011.]
- NRS 338.1693 Ranking of statements of qualifications; selection of finalists; availability to public of rankings of applicants; minimum number of qualified applicants required. [Effective July 1, 2011.]
- NRS 338.1694 Final proposals: Requests; requirements. [Effective through June 30, 2011.]
- NRS 338.1694 Final proposals: Requests; requirements. [Effective July 1, 2011.]
- NRS 338.1695 Ranking of applicants based on final proposals and interviews; negotiations with certain applicants for contract for preconstruction services; availability to applicants and public of certain information. [Effective through June 30, 2011.]
- NRS 338.1695 Ranking of applicants based on final proposals and interviews; negotiations with certain applicants for contract for preconstruction services; availability to applicants and public of certain information. [Effective July 1, 2011.]
- NRS 338.1696 Negotiation of contract for construction of public work with construction manager at risk; awarding of contract if local government unable to negotiate satisfactory contract with construction manager at risk. [Effective through June 30, 2011.]
- NRS 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.]
- NRS 338.1697 Authorized provision in contract with construction manager at risk for construction of public work for guaranteed maximum price.
- NRS 338.1698 Required and authorized provisions in contract awarded to construction manager at risk. [Effective through June 30, 2011.]
- NRS 338.1698 Required and authorized provisions in contract awarded to construction manager at risk. [Effective July 1, 2011.]
- NRS 338.16985 Duties and powers of construction manager at risk who enters contract for construction of public work.
- NRS 338.1699 Subcontractors on public works for which construction manager at risk was awarded contract: Eligibility; submission of list to local government. [Effective through June 30, 2011.]
- NRS 338.1699 Subcontractors on public works for which contractor at risk was awarded contract: Eligibility; submission of list to public body. [Effective July 1, 2011.] CONTRACTS INVOLVING DESIGN-BUILD TEAMS, PRIME CONTRACTORS OR NONPROFIT ORGANIZATIONS General Provisions
- NRS 338.1711 Contracts for which public body is required or authorized to enter into with prime contractor or design-build team.
- NRS 338.1715 Procedure for selecting design-build team.
- NRS 338.1717 Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.
- NRS 338.1718 Contract with construction manager as agent. Procedures for Awarding Contracts to Design-Build Teams
- NRS 338.1721 Qualifications of design-build team.
- NRS 338.1723 Advertisement for preliminary proposals.
- NRS 338.1725 Selection of finalists based on preliminary proposals; availability to public of results of evaluations of preliminary proposals and rankings of design-build teams.
- NRS 338.1727 Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information. NOTIFICATION OF LICENSING BOARDS
- NRS 338.175 Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect.
- NRS 338.176 Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor. DESIGN, CONSTRUCTION, RENOVATION AND DEMOLITION OF PUBLIC WORKS General Provisions
- NRS 338.177 Lease of property acquired by local government for public work pending completion of public work.
- NRS 338.180 Accommodation of persons with physical handicap or disability; verification of conformity with requirements; enforcement.
- NRS 338.185 Public body to reimburse contractor for certain costs of locating underground facility of public utility. Energy and Environmental Design Requirements
- NRS 338.1905 Retrofitting of state buildings for energy efficiency: Appointment of energy retrofit coordinators and person to assist coordinators. [Effective through April 30, 2013.]
- NRS 338.1906 Retrofitting of state buildings for energy efficiency: Duties of energy retrofit coordinators and State Board of Examiners; procedures for requesting and approving proposals; limitation on money committed beyond biennium; restrictions on approval of change orders to executed contracts; projects exempt from certain procedural requirements. [Effective through April 30, 2013.]
- NRS 338.1907 Retrofitting of local governmental buildings for energy efficiency: Duties of energy retrofit coordinators and local governments; procedures for requesting and approving proposals; restrictions on approval of change orders to executed contracts; projects exempt from certain procedural requirements. [Effective through April 30, 2013.]
- NRS 338.1908 Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective through June 30, 2011.]
- NRS 338.1908 Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective July 1, 2011.] Additional Conditions and Limitations
- NRS 338.193 Standards for plumbing fixtures.
- NRS 338.195 Survey for presence of asbestos required before renovation or demolition of public building.
- NRS 338.200 Prohibition against naming public building or structure after member of governing body. PROGRESS PAYMENTS General Provisions
- NRS 338.400 Definitions.
- NRS 338.415 "Progress bill" defined.
- NRS 338.420 "Progress payment" defined.
- NRS 338.425 "Retainage" defined.
- NRS 338.430 "Retainage bill" defined.
- NRS 338.435 "Retainage payment" defined.
- NRS 338.455 Methods to be used for providing notice.
- NRS 338.460 Dates to be used for calculating accrual of interest on retainage. Applicability and Limitations
- NRS 338.480 Provisions inapplicable to certain contracts made by Department of Transportation.
- NRS 338.485 Limitations on waiving certain rights, obligations and liabilities.
- NRS 338.490 Limitations on requiring release or waiver of right to receive progress payment or retainage payment. Payments Made by Public Body to Contractor
- NRS 338.510 Submittal of progress bills.
- NRS 338.515 Time for making payments; amounts paid; amounts withheld as retainage; rate of interest paid on amounts withheld; powers of Labor Commissioner when worker is owed wages.
- NRS 338.520 Payment of outstanding balance upon occupancy, use or recording of notice of completion.
- NRS 338.525 Withholding amounts for failure of contractor to comply with contract or applicable building code, law or regulation; payment of amounts withheld upon confirmation of correction of condition.
- NRS 338.530 Payment of interest on amounts withheld improperly.
- NRS 338.535 Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. Payments Made by Contractor to Subcontractors and Suppliers
- NRS 338.550 Time for making payments; amounts paid.
- NRS 338.555 Amounts withheld as retainage; payment of interest.
- NRS 338.560 Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation or for claim for wages against subcontractor; payment of amounts withheld upon correction of condition.
- NRS 338.565 Payment of interest on amounts withheld improperly.
- NRS 338.570 Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. Payments Made by Subcontractor to Subcontractors and Suppliers
- NRS 338.590 Time for making payments; amounts paid.
- NRS 338.595 Amounts withheld as retainage; payment of interest.
- NRS 338.600 Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation; payment of amounts withheld upon correction of condition.
- NRS 338.605 Payment of interest on amounts withheld improperly.
- NRS 338.610 Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. Remedies
- NRS 338.630 Action by contractor for alternate writ of mandamus to compel performance by public body.
- NRS 338.635 Action by subcontractor or supplier to remedy unjustified or excessive withholding.
- NRS 338.640 Award of reasonable costs and attorney's fees to prevailing party.
- NRS 338.645 Other rights and remedies not affected.
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