reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 338 - Public Works › 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 and award of new contract without rebidding.

1. A local government or its authorized representative awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the person’s license. A subcontractor who is:
(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and
(b) Not properly licensed for that portion of the work,
shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor.
2. If, after awarding the contract, but before commencement of the work, the local government or its authorized representative discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed the person’s license, the local government or its authorized representative shall rescind the award of the contract and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.
(Added to NRS by 1983, 913; A 1993, 2133; 1999, 2400; 2003, 2434)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.148 - Awarding of contract to specialty contractor: Conditions.

1. A local government or its authorized representative may award a contract for a public work to a specialty contractor pursuant to NRS 338.143 to 338.1475, inclusive, if:
(a) The majority of the work to be performed on the public work to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The public work to which the contract pertains is not part of a larger public work.
2. If a local government or its authorized representative awards a contract to a specialty contractor pursuant to NRS 338.143 to 338.1475, inclusive, all work to be performed on the public work to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.
(Added to NRS by 2001, 2258; A 2003, 2438)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.150 - Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception.

1. Except as otherwise provided in subsection 2, a public body charged with the drafting of specifications for a public work shall include in the specifications a clause requiring the use of a method of alternate dispute resolution before initiation of a judicial action if a dispute arising between the public body and the contractor engaged on a public work cannot otherwise be settled.
2. The provisions of subsection 1 do not require the Department of Transportation to include such a clause in any contract entered into by the Department.
(Added to NRS by 1969, 618; A 1971, 621; 1979, 1796; 1985, 1462; 2003, 2438; 2005, 1808; 2009, 424)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › 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.

A public body shall include in each contract for a public work a clause requiring each contractor, subcontractor and other person who provides labor, equipment, materials, supplies or services for the public work to comply with the requirements of all applicable state and local laws, including, without limitation, any applicable licensing and registration requirements and requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the public work.
(Added to NRS by 2003, 20th Special Session, 21)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.158 - Definitions.

As used in NRS 338.158 to 338.1602, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.1581 to 338.1585, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 3197)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1581 - "Concession" defined.

"Concession" means any lease, ground lease, franchise, easement, permit, right of entry, operating agreement or other binding agreement transferring rights for the use or control, in whole or in part, of a transportation facility by a public body to a private partner.
(Added to NRS by 2017, 3197)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1584 - "Transportation facility" defined.

"Transportation facility" means any existing, enhanced, upgraded or new facility used or useful for the safe transport of persons, information or goods by one or more modes of transport, including, without limitation, a road, railroad, bridge, tunnel, overpass, mass transit facility, light rail, commuter rail, conduit, ferry, boat, vessel, intermodal or multimodal system, a system using an automated driving system, as defined in NRS 482A.025, and any rights-of-way necessary for the facility. The term includes:
1. Related or ancillary facilities used or useful for providing, operating, maintaining or generating revenue for a transportation facility, including, without limitation, administrative buildings, structures, rest areas, maintenance yards and buildings, rail yards, rolling stock, storage facilities, ports of entry, vehicles, control systems, communication systems, information systems, energy systems, parking facilities and other related equipment or property that is needed or used to support the transportation facility or the transportation of persons, information or goods; and
2. All improvements, including equipment, necessary to the full utilization of a transportation facility, including, without limitation, site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation and transportation facilities incidental to the project.
(Added to NRS by 2017, 3197)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1585 - "User fee" defined.

"User fee" means a fee, toll, fare or other similar charge, including, without limitation, any incidental, account maintenance, administrative, credit card or video tolling fee or charge, imposed on a person for his or her use of a transportation facility by a public body or by a private partner pursuant to a public-private partnership.
(Added to NRS by 2017, 3198)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1587 - Public-private partnership: Authority to enter; authorized provisions.

1. A public body may enter into a public-private partnership to plan, finance, design, construct, improve, maintain, operate or acquire the rights-of-way for, or any combination thereof, a transportation facility.
2. A public-private partnership may include, without limitation:
(a) A predevelopment agreement leading to another implementing agreement for a transportation facility as described in this subsection;
(b) A design-build contract;
(c) A design-build contract that includes the financing, maintenance or operation, or any combination thereof, of the transportation facility;
(d) A contract involving a construction manager at risk;
(e) A concession, including, without limitation, a toll concession and an availability payment concession;
(f) A construction agreement that includes the financing, maintenance or operation, or any combination thereof, of the transportation facility;
(g) An operation and maintenance agreement for a transportation facility;
(h) Any other method or agreement for completion of the transportation facility that the public body determines will serve the public interest; or
(i) Any combination of paragraphs (a) to (h), inclusive.
(Added to NRS by 2017, 3198)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1589 - Alternative methods: Authorization.

A public body may authorize a person to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 338.159 or 338.1591.
(Added by NRS by 2017, 3201)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1591 - Alternative methods: Request for submission of proposals by public body.

If a public body receives a request regarding a transportation facility pursuant to NRS 338.159 and the public body determines that the transportation facility serves a public purpose, the public body may request other persons to submit proposals to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.
(Added to NRS by 2017, 3203)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1593 - Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership.

1. Notwithstanding any other provision of law, any information obtained by or disclosed to a public body in connection with a request or proposal pursuant to NRS 338.159 or 338.1591 or during the procurement or negotiation of a public-private partnership pursuant to NRS 338.1588 must be kept confidential until a notice of intent to award the contract, agreement or public-private partnership is issued, absent an administrative or judicial order requiring release or disclosure.
2. Except as otherwise provided in NRS 239.0115, a public body may exempt from release to the public any trade secrets or confidential commercial, financial or proprietary information included in a request or proposal submitted to the public body pursuant to subsection 1 if the submitter:
(a) Specifies the portions of the proposal or other submission that the submitter considers to be trade secrets or confidential commercial, financial or proprietary information;
(b) Invokes exclusion upon submission of the information or other materials for which protection is sought;
(c) Identifies the data or other materials for which protection is sought with conspicuous labeling;
(d) States the reasons why protection is necessary; and
(e) Fully complies with all applicable state law with respect to information that the submitter contends should be exempt from disclosure.
(Added to NRS by 2017, 3201)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1594 - Financing.

1. A transportation facility may be financed, in whole or in part, with money from any lawful source, including, without limitation:
(a) Any public or private funding, loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, grant anticipation revenue bond, credit assistance from the government of this State or the Federal Government or other type of assistance that is available for the purposes of the transportation facility.
(b) Any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other thing of value made to the public body for the purposes of the transportation facility.
(c) A contribution of money or property made by any private entity or public sector partner that is a party to any agreement entered into pursuant to NRS 338.158 to 338.1602, inclusive.
(d) Money appropriated for the transportation facility by the State or by the public body.
(e) User fees, lease proceeds, rents, availability payments, gross or net receipts from sales, proceeds from the sale of development rights, franchise charges, permit charges, rents, advertising and sponsorship charges, service charges or any other lawful form of consideration.
(f) Private activity bonds as described in 26 U.S.C. § 141.
(g) Any other form of public or private capital that is available for the purposes of the transportation facility.
(h) Any combination of paragraphs (a) to (g), inclusive.
2. If a public body, in accordance with applicable law, issues a note, bond or other debt obligation to finance a transportation facility that is expected to generate revenue of any kind, the revenue from the transportation facility may be pledged as security for the payment of the obligation, but the bonds or notes are special, limited obligations of the public body payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and do not create a debt of the State for the purposes of Section 3 of Article 9 of the Nevada Constitution.
3. Any financing issued by a public body pursuant to this section may be structured on a senior, parity or subordinate basis to any other financing.
4. A public body may issue revenue bonds or notes to provide money for any transportation facility.
(Added to NRS by 2017, 3199)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1595 - Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized.

1. A public body, either directly or through a designated party, may:
(a) Accept from the United States or any of its agencies money that is available to the public body for carrying out the purposes of NRS 338.158 to 338.1602, inclusive, whether the money is made available by grant, loan or other financing arrangement.
(b) Enter into agreements and other arrangements with the United States or any of its agencies as may be necessary, proper and convenient for carrying out the provisions of NRS 338.158 to 338.1602, inclusive.
(c) Accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other valuable thing made to the public body for carrying out the provisions of NRS 338.158 to 338.1602, inclusive.
2. Except as otherwise provided in NRS 338.1596 or applicable federal law, and notwithstanding any other provision of law, money from federal, state and local sources may be combined with money from any private source for carrying out the purposes of NRS 338.158 to 338.1602, inclusive.
(Added to NRS by 2017, 3200)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1596 - Deposit and use of money received and retained by public body pursuant to public-private partnership derived from charge with respect to operation of motor vehicle on highway in State.

All money which is received and is to be retained by a public body pursuant to a public-private partnership and which is derived from the imposition of any charge with respect to the operation of any motor vehicle upon any public highway in this State must be deposited in the State Highway Fund, accounted for separately and, except for costs of administration, be used exclusively for the design, construction, operation, maintenance, financing and repair of the public highways of the county from which the money is received. The money must first be used to defray the obligations for which the public body is responsible under the public-private partnership, including, without limitation, the costs of administration, design, construction, operation, maintenance, financing and repair of the transportation facility from which the money is derived.
(Added to NRS by 2017, 3200)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1597 - User fee for use of roadway constructed or improved as part of public-private partnership prohibited; exception.

1. No user fee may be charged for the use of any roadway or portion of any roadway constructed or improved pursuant to any project undertaken as part of a public-private partnership authorized by NRS 338.158 to 338.1602, inclusive.
2. The provisions of this section do not prohibit the imposition of a user fee for the use of any public transit system, regardless of whether the public transit system operates on or in the right-of-way for any such roadway.
3. As used in this section, "public transit system" has the meaning ascribed to it in NRS 277A.120.
(Added to NRS by 2017, 3201)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1598 - Contract for services under alternative methods.

A public body may contract with a person whose request or proposal submitted pursuant to NRS 338.159 or 338.1591 is approved pursuant to NRS 338.1592 for services to be provided by the transportation facility in exchange for such payments for service and other consideration as the public body may deem appropriate.
(Added to NRS by 2017, 3205)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1599 - Federal, state or local assistance.

The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, by resolution, determine if it serves the public purpose for all or a portion of the costs of the transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the local, state or Federal Government or any agency or instrumentality thereof.
(Added to NRS by 2017, 3206)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1601 - Eminent domain.

This State, or any public agency so authorized under chapter 37 of NRS, may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to develop, operate or hold a transportation facility regardless of whether the property will be owned in fee simple by this State or applicable public body or whether the property will be leased according to the terms of an agreement executed pursuant to NRS 338.1592.
(Added to NRS by 2017, 3206)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1602 - Applicability of state and federal laws.

If no federal money is used on a transportation facility, the laws of this State govern. Notwithstanding any other provision of NRS 338.158 to 338.1602, inclusive, if federal money is used on a transportation facility and applicable federal laws conflict with NRS 338.158 to 338.1602, inclusive, or require provisions or procedures inconsistent with those statutes, the applicable federal laws govern.
(Added to NRS by 2017, 3206)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.161 - "Transportation facility" defined.

As used in NRS 338.161 to 338.168, inclusive, unless the context otherwise requires, "transportation facility" means a road, railroad, bridge, tunnel, overpass, conduit or other infrastructure for conveying telecommunications cable, line, fiber or wire, airport, mass transit facility, parking facility for vehicles or similar commercial facility used for the support of or the transportation of persons, information or goods, including, without limitation, any other property that is needed to operate the facility. The term does not include a toll bridge or toll road.
(Added to NRS by 2003, 2022; A 2017, 531, 3206)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.164 - Request for submission of proposals by public body.

If a public body receives a request regarding a transportation facility pursuant to NRS 338.163 and the public body determines that the transportation facility serves a public purpose, the public body may request other persons to submit proposals to develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.
(Added to NRS by 2003, 2023)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.168 - Federal, state or local assistance.

The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, by resolution, determine if it serves the public purpose for all or a portion of the costs of the transportation facility to be paid, directly or indirectly, through an approved trade or other consideration or from the proceeds of a grant or loan made by the local, state or Federal Government or any agency or instrumentality thereof.
(Added to NRS by 2003, 2025; A 2017, 531)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1685 - Declaration of legislative intent.

The Legislature hereby declares that the provisions of NRS 338.1685 to 338.16995, inclusive, relating to contracts involving construction managers at risk:
1. Are intended:
(a) To promote public confidence and trust in the contracting and bidding procedures for public works established therein;
(b) For the benefit of the public, to promote the philosophy of obtaining the best possible value as compared to low-bid contracting; and
(c) To better equip public bodies to address public works that present unique and complex construction challenges.
2. Are not intended to be used by the State or a political subdivision of this State to:
(a) Limit competition;
(b) Discourage competitive bidding; or
(c) Engage in or allow bid-shopping.
(Added to NRS by 2013, 2958; A 2015, 453; 2017, 4026, 4035; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.169 - Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk; limitations.

1. Subject to the provisions of subsection 2, a public body may construct a public work by:
(a) Selecting a construction manager at risk pursuant to the provisions of NRS 338.1691 to 338.1696, inclusive; and
(b) Entering into separate contracts with a construction manager at risk:
(1) For preconstruction services, including, without limitation:
(I) Assisting the public body in determining whether scheduling or constructability problems exist that would delay the construction of the public work;
(II) Estimating the cost of the labor and material for the public work; and
(III) Assisting the public body in determining whether the public work can be constructed within the public body’s budget; and
(2) To construct the public work.
2. A public body in a county whose population is less than 100,000 may enter into contracts with a construction manager at risk pursuant to NRS 338.1685 to 338.16995, inclusive, for the construction of not more than two public works in a calendar year that are discrete projects.
(Added to NRS by 2007, 2891; A 2009, 437; 2011, 3694; 2013, 2974; R 2013, 2986; R 2017, 4035; A 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1691 - Qualifications for construction manager at risk.

To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must:
1. Not have been 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 pursuant to NRS 338.1692;
2. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;
3. Not have entered into a contract with a public body to act as a construction manager as agent during the 4 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692;
4. Be licensed as a contractor pursuant to chapter 624 of NRS; and
5. If the project is for the construction of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379.
(Added to NRS by 2007, 2891; A 2009, 438; 2011, 3694; R 2013, 2986; R 2017, 4035; A 2021, 736, 2217, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.16925 - Confidentiality of documents and other information submitted in response to request for proposals.

Except as otherwise provided in subsection 4 of NRS 338.1692:
1. Any document or other information submitted to a public body in response to a request for proposals pursuant to NRS 338.1692 by a contractor seeking a contract between the public body and a construction manager at risk pursuant to NRS 338.1685 to 338.16995, inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.
2. As used in this section, the term "document or other information" means any submittal by a contractor to a public body in response to a request for proposals pursuant to NRS 338.1692 and includes, without limitation, a proposal made pursuant to NRS 338.1692.
(Added to NRS by 2015, 453; A 2017, 4035; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.16935 - Contract between construction manager at risk and subcontractor for certain preconstruction services.

1. Notwithstanding the provisions of NRS 338.16991 and 338.16995, and subject to the provisions of subsection 2, if a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693, the construction manager at risk may enter into a contract with a subcontractor licensed pursuant to chapter 624 of NRS to provide any of the following preconstruction services, the basis of payment for which is a negotiated price:
(a) Assisting the construction manager at risk in identifying and selecting materials and equipment to be provided by each subcontractor;
(b) Assisting the construction manager at risk in creating a schedule for the provision of labor, materials or equipment by each subcontractor;
(c) For the purpose of enabling the construction manager at risk to establish a budget for the construction of the public work, estimating the cost of labor, materials or equipment to be provided by each subcontractor; and
(d) Providing recommendations to the construction manager at risk regarding the design for the public work, as the design pertains to the labor, materials or equipment to be provided by each subcontractor.
2. A subcontractor may not provide preconstruction services pursuant to this section in an area of work outside the field or scope of the license of the subcontractor.
(Added to NRS by 2011, 3680; R 2013, 2986; R 2017, 4035; A 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1696 - Negotiation of contract for construction of public work or portion thereof with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk; provision by construction manager at risk of information concerning public work and subcontractors.

1. If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693, after the public body has finalized the design for the public work, or any portion thereof sufficient to determine the provable cost of that portion, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work or the portion thereof 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 or portion thereof.
2. If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work or portion thereof, the public body shall terminate negotiations with that applicant and:
(a) 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; and
(b) Shall accept a bid to construct the public work from the construction manager at risk with whom the public body entered into a contract for preconstruction services.
3. Before entering into a contract with the public body to construct a public work or a portion thereof pursuant to subsection 1, the construction manager at risk shall:
(a) Provide the public body with a list of the labor or portions of the work which are estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work; and
(b) Select each subcontractor who is to provide labor or a portion of the work which is estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work in accordance with NRS 338.16991 and 338.16995 and provide the names of each selected subcontractor to the public body.
4. Except as otherwise provided in subsection 13 of NRS 338.16995, a public body shall not interfere with the right of the construction manager at risk to select the subcontractor whom the construction manager at risk determines to have submitted the best proposal pursuant to NRS 338.16995.
(Added to NRS by 2007, 2893; A 2009, 440; 2011, 3697; 2013, 2977; R 2013, 2986; R 2017, 4035; A 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1697 - Authorized provision in contract with construction manager at risk for construction of public work or portion thereof for guaranteed maximum price.

A contract entered into pursuant to NRS 338.1696 that is for a guaranteed maximum price may include a provision that authorizes the construction manager at risk to receive all or part of any difference between the guaranteed maximum price set forth in the contract and the actual price of construction of the public work, if the actual price is less than the guaranteed maximum price.
(Added to NRS by 2007, 2894; R 2013, 2986; R 2017, 4035; A 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1698 - Required and authorized provisions in contract for construction of public work or portion thereof awarded to construction manager at risk.

A contract awarded to a construction manager at risk pursuant to NRS 338.1696:
1. Must comply with the provisions of NRS 338.020 to 338.090, inclusive.
2. Must specify a date by which performance of the work required by the contract must be completed.
3. May set forth the terms by which the construction manager at risk agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the construction manager at risk.
4. Must require that the construction manager at risk to whom a contract is awarded assume overall responsibility for ensuring that the preconstruction or construction of the public work, as applicable, is completed in a satisfactory manner.
5. May include such additional provisions as may be agreed upon by the public body and the construction manager at risk.
(Added to NRS by 2007, 2894; A 2009, 441; 2011, 3698; R 2013, 2986; R 2017, 4035; A 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.16985 - Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof.

A construction manager at risk who enters into a contract for the construction of a public work pursuant to NRS 338.1696:
1. Is responsible for contracting for the services of any necessary subcontractor, supplier or independent contractor necessary for the construction of the public work and for the performance of and payment to any such subcontractors, suppliers or independent contractors.
2. If the public work involves predominantly horizontal construction, shall perform construction work equal in value to at least 25 percent of the estimated cost of construction himself or herself, or using his or her own employees.
3. If the public work involves predominantly vertical construction, may perform himself or herself or using his or her own employees as much of the construction of the building or structure that the construction manager at risk is able to demonstrate that the construction manager at risk or his or her own employees have performed on similar projects.
(Added to NRS by 2007, 2894; A 2013, 2978; R 2013, 2986; R 2017, 4035; A 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1711 - Contracts for which public body is required or authorized to enter into with prime contractor or design-build team.

1. Except as otherwise provided in this section and NRS 338.158 to 338.16995, inclusive, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.
2. A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work has an estimated cost which exceeds $5,000,000.
(Added to NRS by 1999, 3467; A 2001, 2013, 2022, 2275; 2003, 119, 157, 2025, 2439; 2005, 1808; 2007, 2903; 2011, 3698; 2013, 2983; 2017, 3206, 4034; 2019, 1580; 2021, 736, 2218)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1715 - Procedure for selecting design-build team.

A public body that contracts with a design-build team pursuant to NRS 338.1711 shall select the design-build team in accordance with the provisions of NRS 338.1721 to 338.1727, inclusive.
(Added to NRS by 1999, 3469; A 2001, 2022, 2276; 2003, 119, 157, 2441; 2005, 1810)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1717 - Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.

A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect, general contractor, construction manager as agent, landscape architect or engineer so employed shall not:
1. Construct the public work; or
2. Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.
(Added to NRS by 1999, 3472; A 2001, 2022; 2003, 119, 2441; 2007, 2903)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1718 - Contract with construction manager as agent.

1. A construction manager as agent:
(a) Must:
(1) Be a contractor licensed pursuant to chapter 624 of NRS;
(2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or
(3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.
(b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not:
(1) Take part in the design or construction of the public work; or
(2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.
2. Except as otherwise provided in subsection 3, the selection of a construction manager as agent to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees. If, after selection of the construction manager as agent, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public body may terminate negotiations and select another construction manager as agent. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a construction manager as agent pursuant to this subsection, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.
3. The provisions of subsection 2 do not apply to a contract between a public body and a construction manager as agent to perform services for a public work for which the estimated cost is $100,000 or less.
(Added to NRS by 2007, 2895; A 2011, 3698; 2021, 2217)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1721 - Qualifications of design-build team.

To qualify to participate in a project for the design and construction of a public work, a design-build team must:
1. Have the ability to obtain a performance bond and payment bond as required pursuant to NRS 339.025;
2. Have the ability to 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, during the 5 years immediately preceding the date of the advertisement for preliminary proposals;
4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;
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; and
6. If the project is for the design and construction of a public work of the State, ensure that the prime contractor is qualified to bid on a public work of the State pursuant to NRS 338.1379.
(Added to NRS by 1999, 3470; A 2001, 252, 2022; 2003, 119, 2131; 2005, 1810)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1723 - Advertisement for preliminary proposals.

1. A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team. The advertisement must be published:
(a) In a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed at least once and not less than 7 days before the opening of bids; and
(b) On the Internet website of the public body, if the public body maintains an Internet website, every day for not less than 7 days before the opening of bids.
If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.
2. A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:
(a) A description of the public work to be designed and constructed;
(b) An estimate of the cost to design and construct the public work;
(c) The dates on which it is anticipated that the separate phases of the design and construction of the public work will begin and end;
(d) The date by which preliminary proposals must be submitted to the public body;
(e) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal;
(f) A description of 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 public work that the public body determines to be necessary;
(g) A list of the requirements set forth in NRS 338.1721;
(h) A list of the factors and relative weight assigned to each factor that the public body will use to evaluate design-build teams who submit a proposal for the public work;
(i) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 338.1725 and a description of that information; and
(j) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 338.1725 but is not awarded the design-build contract pursuant to NRS 338.1727 will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement.
(Added to NRS by 1999, 3469; A 2001, 252, 2015, 2022; 2003, 119, 2131, 2441; 2005, 1810; 2011, 1864)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.1725 - Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information.

1. The public body shall select at least two but not more than four finalists from among the design-build teams that submitted preliminary proposals. If the public body does not receive at least two preliminary proposals from design-build teams that the public body determines to be qualified pursuant to this section and NRS 338.1721, the public body may not contract with a design-build team for the design and construction of the public work.
2. The public body shall select finalists pursuant to subsection 1 by:
(a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 338.1721;
(b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:
(1) The professional qualifications and experience of the members of the design-build team;
(2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;
(3) The safety programs established and the safety records accumulated by the members of the design-build team; and
(4) The proposed plan of the design-build team to manage the design and construction of the public work that sets forth in detail the ability of the design-build team to design and construct the public work; and
(c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.
3. After the selection of finalists pursuant to this section, the public body shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.
(Added to NRS by 1999, 3470; A 2001, 2016, 2022; 2003, 119; 2005, 1811; 2011, 3699)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.175 - Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect.

A public body shall notify the State Board of Architecture, Interior Design and Residential Design or the State Board of Landscape Architecture, as applicable, in writing if a registered architect, interior designer, residential designer or landscape architect:
1. Submits plans for a project which are substantially incomplete; or
2. Submits plans for the same project which are rejected by the public body at least three times.
(Added to NRS by 1997, 1409; A 2003, 2444)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.176 - Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.

A public body shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:
1. Submits plans that are substantially incomplete; or
2. Submits plans for the same public work that are rejected by the public body at least three times.
(Added to NRS by 1997, 156)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.177 - Lease of property acquired by local government for public work pending completion of public work.

1. Real property acquired by a governing body for a public work may be leased, pending the completion of the public work but for not more than 5 years, upon such terms and conditions as the governing body prescribes.
2. The governing body shall:
(a) Adopt the procedures for entering into such a lease at a public hearing held thereon; and
(b) Offer to lease the property to the person from whom it was acquired before offering to lease the property to any other person.
3. Except as otherwise provided in this subsection, revenue from the lease must be used to maintain the property in order to mitigate any adverse effect upon the adjacent area. Any revenue from the lease that is not needed to maintain the property must be used to offset the cost of the public work for which the property was acquired.
(Added to NRS by 1995, 156; A 2003, 2444)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.185 - Public body to reimburse contractor for certain costs of locating underground facility of public utility.

If a public body directs a contractor to locate the facility of a public utility placed underground on the site of a public work, the public body shall reimburse the contractor for the difference between the costs incurred in finding the actual location of the facility and the costs of finding the reputed location of the facility.
(Added to NRS by 1987, 1042)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.195 - Survey for presence of asbestos required before renovation or demolition of public building or structure.

1. No public building or other public structure may be renovated or demolished until a survey of the building or structure has been made for the presence of asbestos or material containing asbestos.
2. As used in this section, "material containing asbestos" has the meaning ascribed to it by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.765.
(Added to NRS by 1989, 1280; A 1993, 1567)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.200 - Prohibition against naming public building or structure after current member of governing body.

No public building or other public structure, other than a street or road, may be named after a person who is at the time a member of the governing body which has jurisdiction or control over the building or structure or which is responsible for it.
(Added to NRS by 1981, 1337)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.400 - Definitions.

As used in NRS 338.400 to 338.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.415 to 338.435, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1983; A 2005, 1814)