reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.275 - Surveys, maps and studies of traffic; roadside parks; rest areas; receipt of federal money; regulations.

1. The Department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the State.
2. The Department may construct and maintain roadside parks for the convenience of the traveling public at such locations as the Director selects.
3. In order to provide information for the traveling public, the Director may maintain maps, informational directories and advertising pamphlets at safety rest areas. The Director may, with the concurrence of the Board, contract with persons experienced in financing and operating centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to those persons available land at safety rest areas for such periods of time and for such considerations as are determined by the Director to be in the best interests of the State of Nevada.
4. The Department may receive any federal money available for the purposes of this section under the federal acts described in NRS 408.245.
5. The Department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the State.
(Added to NRS by 1957, 672; A 1969, 223; 1979, 206, 1770; 1987, 1803; 1989, 1302)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.280 - Program for work on highways: Contents; distribution.

1. On or before October 1 of each year the Board shall prepare and present to the Governor a detailed proposed work program, the form and content to be determined by the Board, for the federal fiscal year ending the following September 30, stating therein the amount, character, and nature of the construction, reconstruction and improvements to be initiated on the highways within the respective counties of the State during the ensuing federal fiscal year, together with an estimate of the cost to complete such work.
2. The Board shall cause a copy of the proposed work program to be provided to the chair of the board of county commissioners of the several counties of the State, and a copy must be furnished to all news media in the State.
(Added to NRS by 1957, 673; A 1965, 999; 1975, 139; 1987, 1803; 1989, 1302; 2015, 193)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.281 - Program for work on highways: Inclusion of designated projects for use of recycled products.

The Department shall submit for approval to the Board of Directors, as a part of the annual work program, designated projects for the use of recycled products. The designated projects must:
1. Be comprised of projects for highway construction, reconstruction, surface overlay or surface sealing for which competitive bids have been submitted and use in the surfacing mixture at least 15 percent by weight recycled asphalt or other recycled products, such as crumb rubber from tires, ash, plastics, glass or glassy aggregates.
2. Be comprised of equipment used in highway construction, including, but not limited to, barriers and markers that are made from recycled products.
(Added to NRS by 1991, 1675)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.283 - Cooperative agreements between Department of Transportation and county commissioners.

1. The Department may enter into cooperative agreements with any board of county commissioners in the State for the improvement of any road.
2. Roads improved pursuant to this section must belong to the county and must be maintained at the expense of the county.
3. Each agreement entered into pursuant to this section is effective upon the approval of the Board of Directors of the Department of Transportation, and no money may be expended pursuant to an agreement except upon authorization by the Board.
(Added to NRS by 1971, 602; A 1977, 224; 1987, 1804; 1989, 1302)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.2831 - Contents of agreement.

Every agreement entered into pursuant to NRS 408.283 shall specify:
1. The type of improvement required to produce an adequate road.
2. The percentage of the cost or participation of the State.
3. The percentage of the cost or participation of the county.
(Added to NRS by 1971, 602)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.2832 - Priority of improvement projects; determination of ability of county to perform.

1. The Board shall determine the priority of improvement of any road proposed pursuant to NRS 408.283.
2. The Board shall not authorize the expenditure of money for any agreement entered into pursuant to NRS 408.283 until it first determines that the county is able to perform its pro rata share of the improvement and that it will maintain the project as required by the agreement.
(Added to NRS by 1971, 602; A 1987, 1804; 1989, 1303)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.285 - State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parks.

1. Except as provided in subsection 2, only those highways which are owned and maintained by the Department in accordance with the provisions of this chapter are state highways, and the Department is responsible for their construction, reconstruction, improvement and maintenance. Money available to the State through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor. When federal money is made available under federal acts authorizing the use of federal money to build roads in the national forests, the Board may set aside for that purpose and expend highway money on state highways built by the Federal Government.
2. Unless it has been expressly designated as a state highway, every other highway, road, street, lane, sidewalk, alley, pathway, waterway or any other way for the passage of a person, animal or vehicle is not a state highway, and the Department is not liable for any damage arising from the use of that highway or for any hazard or deficiency in that highway. Designation of any such way as a state highway may be accomplished only by a written agreement properly executed by the Director and recorded in the county in which the highway is located.
3. Other highways may be designated by the Director as state routes if:
(a) They connect or extend existing state highways; or
(b) Their construction, reconstruction, improvement and maintenance by the Department is anticipated within a reasonable period.
4. For administrative purposes all state highways and routes may be selected, designated and assigned route numbers by the Director. Numbers selected may conform so far as possible to applicable federal designations of routes.
5. All roads connecting state parks with state or county highways or city streets, where the title thereto is in the State, are parts of the state highway system and may be maintained by the State. The Department may construct and maintain roads within state parks subject to approval of locations and design by the Division of State Parks of the State Department of Conservation and Natural Resources.
(Added to NRS by 1957, 673; A 1961, 181; 1963, 833; 1977, 224; 1979, 1770; 1985, 1920; 1987, 1804; 1989, 1303)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.290 - Procedure for establishment of new routes.

The Department may establish new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which an addition is proposed and with the approval of the city council of any incorporated city directly affected.
(Added to NRS by 1957, 673; A 1959, 599; 1977, 225)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.303 - U.S. Highway No. 6 designated as Grand Army of the Republic Highway; placement of markers.

1. United States Highway No. 6, as now or hereafter located in this state, is designated as Grand Army of the Republic Highway and U.S. 6.
2. The Director shall place suitable markers along the highway and may locate them at such points as the Director deems appropriate.
(Added to NRS by 1957, 667; A 1979, 1771)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.307 - Comstock Highway: Designation; placement of markers.

1. The state highways which connect Virginia City with other state highways are collectively designated as the Comstock Highway.
2. The Director shall place suitable markers along the highway and may locate them at such points as the Director deems appropriate.
(Added to NRS by 1975, 368; A 1977, 226; 1979, 1771)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.309 - Designation of Route 94.

Route 94 begins at a point on the Pahrump Valley Road approximately 3.6 miles southeast of the Nye County line, thence easterly via Lovell Summit and Red Rock Summit to a point on the Red Rock Canyon Road approximately 11 miles west of Las Vegas.
(Added to NRS by 1989, 1569)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.313 - Manner of construction; use of recycled materials.

1. Except as otherwise provided in subsection 2, all highways constructed under the provisions of this chapter shall be constructed in such manner as to provide for sufficient and permanent drainage and of such materials as to insure, so far as reasonably may be done, considering all of the circumstances, permanent wearing qualities and to provide against excessive maintenance cost. Regard shall always be had to the character and quality of the traffic to be accommodated and the interests of the public to be served.
2. The Department shall ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires, or any combination thereof, in any project for the construction, reconstruction, improvement, maintenance or repair of a highway is not restricted unless scientific evidence satisfactory to the Department clearly indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for that project compromises the soundness of the project.
(Added to NRS by 1957, 682; A 2011, 1602)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.317 - Supervision of work by Director; payments from State Highway Fund.

1. Except as otherwise provided in NRS 408.3875 to 408.3888, inclusive, all work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter is under the supervision and direction of the Director and must be performed in accordance with the plans, specifications and contracts prepared by the Director.
2. All maintenance and repair of highways when performed by the Department must be paid out of the State Highway Fund.
(Added to NRS by 1957, 682; A 1979, 1771; 1999, 3487; 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.319 - Report of projects for construction and maintenance: Preparation; contents; revision; public inspection.

1. The Department shall prepare and make available for public inspection a report of its projects for the construction and maintenance of highways. The report must include:
(a) A description of the Department’s work in progress and its proposed projects;
(b) The cost of each project, including the anticipated cost for:
(1) The acquisition of rights-of-way;
(2) Design and engineering; and
(3) Construction; and
(c) The estimated starting dates for each project and the components of each project.
2. The report must be revised every 6 months to indicate any change in the cost of a project or the component of a project, and any change in the starting or completion date of a project.
3. The Department shall make the report available for public inspection at its office during normal business hours.
(Added to NRS by 1991, 1904)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3195 - Written analysis of costs and benefits of proposed highway projects: Contents; availability to Board and public.

1. Before the Department submits a proposal for a highway project to the Board for approval, the Department shall prepare a written analysis of the costs and benefits of the project. The analysis must state, for each highway district in which the project is proposed:
(a) The limits of the project;
(b) The period of analysis;
(c) The discount rate used in the analysis;
(d) The initial costs of the Department for the project, including any costs for design, engineering, the acquisition of land and construction;
(e) The future costs of the Department to preserve and maintain the project, discounted to present value;
(f) Any other costs of the Department for any other construction or any mitigation associated with the project;
(g) The costs to highway users for any loss of safety, delays in the time of travel and costs for the operation of vehicles that are associated with the project;
(h) The costs of any environmental impacts, including vehicle emissions and noise, that are associated with the project; and
(i) The value of the benefits of the project, including the value of any:
(1) Savings in the time of travel;
(2) Improvements to safety; and
(3) Savings in the cost of operating vehicles.
2. The analysis required by this section:
(a) Must include a discussion of any additional increases in costs that would result from any delays in the performance of any routine maintenance scheduled under the maintenance program of the Department;
(b) May include a discussion of:
(1) The costs of the project for any other persons and governmental agencies;
(2) The value of any other social, economic or environmental benefits or costs of the project; and
(3) Any costs or benefits which may result from the use of any alternative design, construction or financing practices; and
(c) Must be prepared in a format that allows for the comparison of proposed highway projects.
3. The analysis required by this section must be made available to the Board and the public when the agenda is posted for the meeting at which the proposal will be submitted to the Board for its approval.
4. As used in this section, "highway project" means a project that is expected to increase the capacity of the state highway system and cost at least $25 million.
(Added to NRS by 2007, 1590)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.321 - Consideration of users of roadways of all ages and abilities, bicycle lanes, various services for bicycles, motor vehicle recovery lanes and turnouts for slower vehicles.

The Department shall, in accordance with appropriate standards of design:
1. Integrate the consideration of users of roadways of all ages and abilities, including, without limitation, pedestrians, riders of bicycles, electric bicycles and electric scooters, movers of commercial goods, persons with disabilities, vehicles for public transportation and their passengers, older adults, children and drivers of motor vehicles, into all plans, designs, construction and maintenance of highways;
2. To the extent practicable, integrate the consideration of bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of highways; and
3. To the extent practicable, integrate the consideration of motor vehicle recovery lanes and periodic turnouts for slower vehicles into plans, designs, construction and maintenance of highways that have one lane for traveling in each direction.
(Added to NRS by 1991, 2236; A 2001, 1507; 2021, 1050)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.323 - Conditions for execution of work without contract; work resulting from disaster or emergency.

1. Whenever it can be justified by the Director that limited work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.327, the Director may, with the approval of the Board, execute such work or improvements with Department facilities and employees.
2. In the event of disaster or great emergency the Director may, with the approval of the Board, hire, employ or contract for such labor, materials and equipment as are in the Director’s opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster, and the provisions of NRS 408.327 and 408.367 do not apply.
(Added to NRS by 1957, 682; A 1979, 1771; 1987, 1805; 1989, 1303)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.327 - Advertisement for bids; publication.

Except as otherwise provided in NRS 408.3875 to 408.3888, inclusive:
1. Whenever the provisions of NRS 408.323 do not apply, the Director shall advertise for bids for such work according to the plans and specifications prepared by the Director.
2. The advertisement must state the place where the bidders may obtain or inspect the plans and specifications and the time and place for opening the plans and specifications.
3. Publication of the advertisement must be made at least once a week for 2 consecutive weeks for a total of at least two publications in a newspaper of general circulation in the county in which the major portion of the proposed improvement or construction is to be made, and the advertisement must also be published at least once a week for 2 consecutive weeks for a total of at least two publications in one or more daily papers of general circulation throughout the State. The first publication of the advertisement in the daily newspapers having general circulation throughout the State must be made not less than 15 days before the time set for opening bids.
(Added to NRS by 1957, 682; A 1979, 1771; 1999, 3487; 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.333 - Bids and bidders: Experience and financial ability; disqualification; hearing upon disqualification; appeal of decision.

Except as otherwise provided in NRS 408.367 or 408.3875 to 408.3888, inclusive:
1. Before furnishing any person proposing to bid on any advertised work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which must include a complete statement of the person’s financial ability and experience in performing public work and any other comparable experience.
2. Such statements must be filed with the Director in ample time to permit the Department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any person proposing to bid on the advertised public work, in accordance with the regulations of the Department.
3. Whenever the Director is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement, the Director may refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. If the Director determines that the person has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000, the Director shall refuse to furnish the person with plans and specifications and the official proposal forms on the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.
4. Any person who is disqualified by the Director, in accordance with the provisions of this section, may request, in writing, a hearing before the Director and present again the person’s check, cash or undertaking and such further evidence with respect to the person’s financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his or her opinion, issuance to him or her of the plans and specifications for the work.
5. Such a person may appeal the decision of the Director to the Board no later than 5 days before the opening of the bids on the project. If the appeal is sustained by the Board, the person must be granted the rights and privileges of all other bidders.
(Added to NRS by 1957, 682; A 1979, 1772; 1987, 1805; 1989, 1304; 1999, 3488; 2001, 2022; 2003, 119; 2011, 53; 2013, 564, 1398)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.337 - Bids and bidders: Security; forfeiture; refunds.

Except as otherwise provided in NRS 408.3875 to 408.3888, inclusive:
1. All bids must be accompanied by an undertaking executed by a corporate surety authorized to do business in the State, or by cash or a certified check in an amount equal to at least 5 percent of the amount bid. Such undertaking, cash or check furnished to accompany a bid submitted on-line pursuant to NRS 408.343 must be furnished in accordance with the procedures set forth by the Director.
2. If the successful bidder fails to execute the contract in accordance with his or her bid and give any bond required by law and the contract and bond are not postmarked or delivered to the Department within 20 days after award of the contract, the undertaking, cash or certified check is forfeited and the proceeds must be paid into the State Highway Fund.
3. The failure of the successful bidder to furnish any bond required of the bidder by law within the time fixed for his or her execution of the contract constitutes a failure to execute the contract.
4. If the Director deems it is for the best interests of the State, the Director may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the Director may likewise award it to the third lowest responsible bidder. On the failure or refusal to execute the contract of the second or third lowest bidder to whom a contract is so awarded, their bidder’s security is likewise forfeited to the State.
5. The bidder’s security of the second and third lowest responsible bidders may be withheld by the Department until the contract has been finally executed and the bond given as required under the provisions of the contract, at which time the security must be returned. The bidder’s security submitted by all other unsuccessful bidders must be returned to them within 10 days after the contract is awarded.
(Added to NRS by 1957, 683; A 1979, 1772; 1999, 3488; 2001, 2022; 2003, 119; 2009, 1161)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.343 - Bids and bidders: Procedure for award of contract; regulations.

1. Except as otherwise provided in NRS 408.3875 to 408.3888, inclusive:
(a) All bids must be submitted:
(1) Under sealed cover and received at the address in Nevada stated in the advertisement for bids and must be opened publicly and read at the time stated in the advertisement; or
(2) Pursuant to the process of on-line bidding established by the Director.
(b) No bids may be received after the time stated in the advertisement even though bids are not opened exactly at the time stated in the advertisement. No bid, whether submitted in accordance with subparagraph (1) or (2) of paragraph (a), may be opened before that time.
(c) Any bid may be withdrawn by request at any time before the time stated in the advertisement. The withdrawal must be filed with the Director and executed by the bidder or the bidder’s duly authorized representative. The withdrawal may be filed electronically. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid before the time stated in the advertisement.
(d) The Department may reject any bid or all bids if, in the opinion of the Department, the bids are unbalanced, incomplete, contain irregularities of any kind or for any good cause.
(e) Until the final award of the contract, the Department may reject or accept any bids and may waive technical errors contained in the bids, as may be deemed best for the interests of the State.
(f) In awarding a contract, the Department shall make the award to the lowest responsible bidder who has qualified and submitted his or her bid in accordance with the provisions of this chapter.
2. The Director may adopt regulations to carry out the provisions of this section.
3. As used in this section, "on-line bidding" means a process:
(a) That is established by the Director; and
(b) By which bidders submit proposals or bids for contracts on a secure website on the Internet or its successor, if any, which is established and maintained by the Department for that purpose.
(Added to NRS by 1957, 683; A 1979, 1773; 1981, 265; 1999, 3489; 2001, 2022; 2003, 119; 2009, 1162)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.346 - Monetary incentive for early completion of contract.

1. Any contract made or awarded by the Department for the construction, improvement, maintenance or repair of a highway or an appurtenance to that highway may include a provision for the payment of an additional amount of money to the person with whom the contract is made or to whom it is awarded if the person satisfactorily completes the construction, improvement, maintenance or repair of the highway or appurtenance before the date for completion of that construction, improvement, maintenance or repair set forth in the contract.
2. The amount of money to be paid pursuant to a provision included in a contract specified in subsection 1 and the date before which the work must be completed must be determined by the Department.
(Added to NRS by 1999, 1652)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.347 - Execution of contract in name of State; copies filed with Department and county commissioners.

1. All construction contracts authorized by NRS 408.327 must be executed in the name of the State of Nevada and must be signed by the Chair of the Board and attested by the Director, under the seal of the Department, signed by the contracting party or parties, and the form and legality of such contracts approved by the Attorney General or Chief Counsel of the Department.
2. When the contract is fully executed, a copy of the same, including plans and specifications, must be filed in the office of the Department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.
(Added to NRS by 1957, 684; A 1979, 1773; 1987, 1806; 1989, 1304)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.353 - Interest of member of Board, officer or employee prohibited; exception; voidability; penalties.

1. Except as otherwise provided in subsection 2, all members of the Board, directors and other officers or employees of the Department are prohibited from having any interest, directly or indirectly, in any contract entered into by the Department.
2. If the Director of the Department deems it necessary to enter into a contract with one of the persons described in subsection 1, the Director shall submit the proposed contract to the State Board of Examiners for approval. Upon its approval, the Director may enter into the contract.
3. Any contract made in violation of this section may be declared void at the instance of the State or any person interested in the contract except a person prohibited from being interested in it.
4. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, forfeits his or her office and is forever disqualified from holding any public office in this state.
(Added to NRS by 1957, 684; A 1967, 573; 1975, 934; 1977, 1113; 1979, 1774; 1985, 704; 1987, 1806; 1989, 1304)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.354 - Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.

If the Director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the contract may provide that the railroad company is not required to file, furnish or obtain a payment bond, performance bond or any other bond that would otherwise be required pursuant to the provisions of this chapter.
(Added to NRS by 2001, 636)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.357 - Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

1. Except as otherwise provided in NRS 408.354, every contract must provide for the filing and furnishing of one or more bonds by the successful bidder, with corporate sureties approved by the Department and authorized to do business in the State, in a sum equal to the full or total amount of the contract awarded. The bond or bonds must be performance bonds or labor and material bonds, or both.
2. The performance bonds must:
(a) Guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.
(b) Be maintained for 1 year after the date of completion of the contract.
3. The labor and material bonds must:
(a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and
(b) Provide that if the contractor or his or her subcontractors, or assigns, fail to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, the contractor or his or her subcontractors, the surety shall make the required payment in an amount not exceeding the total sum specified in the bond together with interest at a rate of 8 percent per annum.
All such bonds must be otherwise conditioned as required by law or the Department.
4. No person bidding for work or submitting proposals under the provisions of this chapter may be accepted as surety on any bond.
5. Whenever the Department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as are necessary, considering the extent of the work remaining to be done. Thereafter no payment may be made upon the contract to the contractor or any assignee of the contractor until the further bonds or additional sureties have been furnished.
6. The Department in every contract may require the furnishing of proof by the successful bidder of public liability and insurance coverage for damage to property.
(Added to NRS by 1957, 684; A 1987, 1806; 2001, 636)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.363 - Claims against contractor’s bond; action against surety.

1. Any person who has furnished labor, materials, provisions, implements, machinery, means of transportation or supplies used or consumed by such contractor or the contractor’s subcontractors in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by such contractor or subcontractors, and who desires to be protected under the bond, shall file with the Department a claim in triplicate within 30 days from the date of final acceptance of the contract as provided in NRS 408.387, and such claim shall be executed and verified before a notary public and contain a statement that the same has not been paid. One copy shall be filed in the office of the Department and the remaining copies shall be forwarded to the contractor and surety.
2. Any such person so filing a claim may at any time within 6 months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim and the filing of such claim shall not constitute a claim against the Department. Failure to commence such action upon the bond and the sureties within 6 months after date of the Department’s final acceptance will bar any right of action against such surety or sureties.
(Added to NRS by 1957, 685; A 1967, 348)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.367 - Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds.

1. With the approval of the Board, the Director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.
2. Before furnishing any person proposing to bid on any solicited work with the plans and specifications for such work, the Director shall require from the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire, which must include information describing:
(a) The geographical regions of this State in which the person is willing to perform the public work;
(b) The type of license and classification, if any, held by the person; and
(c) The state business license held by the person and its expiration date.
3. Before awarding a contract pursuant to subsection 1, the Director must:
(a) If the estimated cost of the project is $50,000 or less, solicit a bid from at least one properly licensed contractor; and
(b) If the estimated cost of the project is more than $50,000 but not more than $250,000, solicit bids from at least three properly licensed contractors.
4. Any bids received in response to a solicitation for bids made pursuant to subsection 3 may be rejected if the Director determines that:
(a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;
(b) The bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.
5. At least once each quarter, the Director shall prepare a report detailing, for each project for which a contract for its completion is awarded pursuant to paragraph (b) of subsection 3, if any:
(a) The name of the contractor to whom the contract was awarded;
(b) The amount of the contract awarded;
(c) A brief description of the project; and
(d) The names of all contractors from whom bids were solicited.
6. A report prepared pursuant to subsection 5 is a public record and must be maintained on file at the principal offices of the Department.
7. Except as otherwise provided in NRS 408.354, contracts awarded pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the Director under the seal of the Department, and by the contracting party or parties. The form and legality of those contracts must be approved by the Attorney General or Chief Counsel of the Department.
(Added to NRS by 1957, 685; A 1971, 1230; 1979, 1774; 1987, 1807; 1989, 1305; 1993, 1941; 1995, 139; 2001, 637; 2009, 905; 2013, 565)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.373 - Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws.

1. Before paying any money or drawing a warrant in payment to a person to whom a contract is awarded, the State Controller shall require satisfactory evidence of the person’s compliance with the requirements to provide workers’ compensation pursuant to chapters 616A to 617, inclusive, of NRS and of the person’s payment of the contributions and payments required by chapter 612 of NRS, and the State Controller shall withhold payment to the contractor or the contractor’s assigns until the evidence is provided.
2. If a contractor fails to provide the required coverage, the State Controller may make the payments for this purpose to a private carrier on his or her own behalf from money withheld pursuant to the provisions of subsection 1.
3. Failure to comply with all federal, state and local laws, rules, regulations and ordinances is sufficient cause to withhold any money due the contractor until compliance therewith.
(Added to NRS by 1957, 686; A 1963, 975; 1985, 288; 1989, 1534; 1995, 2045; 1999, 1844)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.377 - Subcontractor: Approval; compliance with laws.

1. No prime or general contractor shall assign or sublet any portion of work to be done under the terms of any contract except:
(a) Upon the written approval of the Department.
(b) In accordance with the terms of the contract or specifications.
2. All subcontractors and assignees of the prime or general contractor shall be required to comply with the provisions of NRS 408.373 in the same manner as the prime or general contractor.
(Added to NRS by 1957, 686)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.379 - Subcontractor: State business license required.

1. A subcontractor who enters into a subcontract for a project for the construction and maintenance of a highway shall not accept or otherwise receive any public money for the project, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.
2. As used in this section, "subcontractor" has the meaning ascribed to it in NRS 338.010.
(Added to NRS by 2013, 1030)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.387 - Contract: Publication of notice of final acceptance; final settlement.

1. Before making final payment on any contract as provided in this chapter the Director shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the State.
2. No final settlement of the contract may be made with the contractor until 30 days after the date of such final acceptance of the contract.
(Added to NRS by 1957, 687; A 1963, 977; 1969, 891; 1979, 1776)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.38726 - Duties of Department: Review of information regarding goals; biennial report; discontinuation statement and report.

Expired by limitation. (See chapter 473, Statutes of Nevada 2013, at page 2825, and chapter 490, Statutes of Nevada 2021, at page 3178.)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3875 - Definitions.

As used in NRS 408.3875 to 408.3888, inclusive, unless the context otherwise requires, the words and terms defined in NRS 408.3876 to 408.3879, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119; 2015, 453)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3876 - "Design-build contract" defined.

"Design-build contract" means a contract between the Department and a design-build team in which the design-build team agrees to design and construct a project.
(Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3877 - "Design-build team" defined.

"Design-build team" means an entity that consists of:
1. At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
2. At least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
(Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3878 - "Prime contractor" defined.

"Prime contractor" means a person who:
1. Contracts to construct an entire project;
2. Coordinates all work performed on the entire project;
3. Uses his or her own workforce to perform all or a part of the construction of the project; and
4. Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
(Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.388 - Projects for which Department may contract with design-build team.

1. Except as otherwise provided in NRS 408.5471 to 408.549, inclusive, the Department may contract with a design-build team for the design and construction of a project if the Department determines that:
(a) Except as otherwise provided in subsection 2, the estimated cost of the project exceeds $10,000,000; and
(b) Contracting with a design-build team will enable the Department to:
(1) Design and construct the project at a cost that is significantly lower than the cost that the Department would incur to design and construct the project using a different method;
(2) Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or
(3) Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature.
2. Notwithstanding the provisions of subsection 1, the Department may, twice in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than $10,000,000 if the Department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.
(Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119, 2031; 2011, 1665)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3881 - Public meeting; notice.

1. The Department shall not contract with a design-build team with respect to a project unless the Board makes the determinations, at a public meeting, that are required pursuant to NRS 408.388.
2. If the Department is required to hold a public meeting pursuant to this section, the Department shall publish notice of the meeting in a newspaper of general circulation in this state.
(Added to NRS by 1999, 3483; A 2001, 2018, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3882 - Procedure for selecting design-build team.

If the Department desires to contract with a design-build team pursuant to NRS 408.388 and 408.3881, the Department must select the design-build team in accordance with NRS 408.3883 to 408.3886, inclusive.
(Added to NRS by 1999, 3484; A 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3884 - Qualifications of design-build team.

To qualify to participate in the design and construction of a project for the Department, a design-build team must:
1. Except as otherwise provided in NRS 408.354, obtain a performance bond and payment bond as the Department may require;
2. 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;
4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333; and
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.
(Added to NRS by 1999, 3485; A 2001, 252, 639, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3885 - Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

1. The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Department does not receive at least three preliminary proposals from design-build teams that the Department determines to be qualified pursuant to this section and NRS 408.3884, the Department may not contract with a design-build team for the design and construction of the project.
2. The Department 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 408.3884;
(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;
(4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project; and
(5) The degree to which the preliminary proposal is responsive to the requirements of the Department for the submittal of a preliminary proposal; 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 the prime contractor on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer 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 Department 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, 3485; A 2001, 2020, 2022; 2003, 119; 2011, 3705)