338.010Definitions338.011Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency338.0115Inapplicability of this chapter and chapters 332 and 339 of NRS to certain projects constructed by private developers338.01155Legislative findings and declarations: Payment of prevailing wages338.0116Legislative findings and declarations338.01165Requirements relating to use of apprentices on public works; documentation of compliance; annual report; penalties; apprenticeship agreement; regulations338.01167Legislative findings and declarations: Payment of prevailing wages for construction work on significant operational or capital requirement project awarded by public utility338.0117Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements; penalty; annual report to Legislative Commission by public body concerning such contracts338.0118Adoption by local government of policies providing for use of certain recycled materials in public road and highway projects; use of such materials; exception338.012Regulations of Labor Commissioner338.013Request for identifying number from Labor Commissioner; inclusion of identifying number in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner; penalty338.015Enforcement by Labor Commissioner and Attorney General338.016Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorney’s fees338.017Disqualification of contractor or subcontractor from award of contract or entering into contract to perform work on public work after imposition of administrative penalty; disqualification of contractor after debarment by Federal Government; notification of State Contractors’ Board338.018Applicability to certain contracts for construction work of Nevada System of Higher Education338.0182Applicability to certain contracts for construction work awarded by public utility on significant operational or capital requirement project338.020Hourly and daily rate of wages must not be less than prevailing wage in region; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in region338.025Prevailing wage regions338.030Procedure for determination of prevailing wage in region; duration of rates338.035Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by providing bona fide fringe benefits in name of worker338.040Workers deemed to be employed on public works; regulations338.050Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive338.060Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and attorney’s fees; waiver or reduction of penalty338.070Investigations or referrals of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; regulations regarding procedures for electronic filing of records regarding employees; penalty for noncompliance by public body, contractor or subcontractor338.072Requirement for subcontractor to hold state business license338.075Applicability to certain contracts for construction work of Nevada System of Higher Education338.080Exemptions338.090Penalties338.125Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract338.126Required notice to newly-hired workers by contractor engaged on public work: Contents; acknowledgment of receipt338.127Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles338.130Preferential employment in construction of public works338.131Prehire agreement: Authority of local government to enter; preferential employment of local residents authorized; exception; applicability of provisions governing payment of prevailing wages338.135Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver338.1373Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation338.1375State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders338.1376State public works: Qualification of subcontractors; disqualification; appeal338.1377Local government public works: Adoption of criteria for qualification of bidders338.1378Local government public works: Advertisement required before acceptance of applications for qualification of bidders338.1379State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant; denial or revocation of qualification in certain circumstances338.1381State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor338.1382Local government public works: Alternative procedure for qualification of bidders338.1384Definitions338.13841“Business owned and operated by a veteran with a service-connected disability” defined338.13842“Local business” defined338.13843“Veteran with a service-connected disability” defined338.13844Amount of preferences338.13845Fraudulent acts338.13846Duty of State Public Works Division to report to Legislature338.13847Regulations338.1385Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions338.1386State or local government to award contract for smaller public work to contractor or perform public work itself338.13862Requirements for awarding contract for smaller public work to contractor338.13864Attestation required before State or local government may perform certain smaller public works itself338.1389Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors’ Board; regulations; fees; sanctions; objections338.13895Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work338.139Awarding of contract to specialty contractor: Conditions338.140Requirements and limitations relating to drafting of specifications for bids; documents generated by bidder in preparation or determination of prices included in bid338.141Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors338.1415Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works338.142Notice of protest of award of contract: Period for filing; contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder338.1423Prohibition against public body entering into express or implied contract for public work providing that construction materials or goods be purchased or supplied by public body or contractor who is constituent part or acting on behalf of public body; exceptions; penalties; enforcement by Attorney General338.1425Prohibition against public body entering into contract with design professional who is not member of design-build team for services on public work until certain period after public body transmits certain information to licensing board of design professional; posting of such information by licensing board338.1427Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses338.143Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before local government may commence public work itself; exemptions338.1435Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works338.1442Local government to award contract for smaller public work to contractor or perform public work itself338.1444Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements338.1446Attestation required before local government may perform certain smaller public works itself338.147Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors’ Board; regulations; fees; sanctions; objections338.1475Award 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 rebidding338.148Awarding of contract to specialty contractor: Conditions338.150Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception338.153Provision requiring persons who provide labor, equipment, materials, supplies or services for public work to comply with all applicable state and local laws338.155Provisions relating to design professional who is not member of design-build team338.156Applicability338.1561Legislative findings and declarations; establishment of program to gather and report data338.1562Definitions338.1563“Adjustment factor” defined338.1564“Construction task” defined338.1565“Job order” defined338.1566“Job order contract” defined338.1567Authority to award job order contract for minor construction on existing public work; limitations; written policy required338.1568Requirements for job order contracts: Wages; experienced workers and apprentices; compliance monitoring338.1569Qualifications for contractors338.157Advertising for proposals for job order contract; contents of request for proposals; requirements for proposals; availability of names of applicants338.1571Confidentiality of documents and other information submitted in response to request for proposals338.1572Appointment of panel to award job order contracts; ranking proposals; weighting proposal based on eligibility for preference; award of contracts338.1573Responsibilities of contractor entering a job order contract; limitations on contractor’s performance using his or her own forces; prohibition on performing unlicensed specialty contracting338.1574Waiver of apprenticeship requirement upon application by contractor338.1575Submission by contractor of list of subcontractors; prohibitions338.1576Duty of public body to make quarterly reports to governing body; contents of quarterly report; duty of governing body to make annual reports to Legislature338.158Definitions338.1581“Concession” defined338.1582“Private partner” defined338.1583“Public-private partnership” defined338.1584“Transportation facility” defined338.1585“User fee” defined338.1586Applicability338.1587Public-private partnership: Authority to enter; authorized provisions338.1588Public-private partnership: Methods of procurement; information required to be provided by public body for certain procurements; relative weight of factors in evaluation of proposals; exemption from public bidding or procurement procedures; expenditure of money; sale, lease, grant, transfer or conveyance of facility or property or interest therein to public body338.1589Alternative methods: Authorization338.159Alternative methods: Submission of request to public body; contents of request338.1591Alternative methods: Request for submission of proposals by public body338.1592Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; additional provisions in agreement; establishment of date for development of or commencement of construction of transportation facility338.1593Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership338.1594Financing338.1595Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized338.1596Deposit 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 State338.1597User fee for use of roadway constructed or improved as part of public-private partnership prohibited; exception338.1598Contract for services under alternative methods338.1599Federal, state or local assistance338.1601Eminent domain338.1602Applicability of state and federal laws338.161“Transportation facility” defined338.1615Applicability338.162Alternative methods of authorization338.163Submission of request to public body; contents of request338.164Request for submission of proposals by public body338.166Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishment of date for development of or commencement of construction of transportation facility338.167Contract for transportation services338.168Federal, state or local assistance338.1685Declaration of legislative intent338.169Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk; limitations338.1691Qualifications for construction manager at risk338.1692Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees338.16925Confidentiality of documents and other information submitted in response to request for proposals338.1693Procedure for selection of most qualified applicants; minimum number of proposals required; negotiation of contract for preconstruction services; availability of certain information to applicants and public; provision of explanation to unsuccessful applicant upon request338.16935Contract between construction manager at risk and subcontractor for certain preconstruction services338.1696Negotiation 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 subcontractors338.1697Authorized provision in contract with construction manager at risk for construction of public work or portion thereof for guaranteed maximum price338.1698Required and authorized provisions in contract for construction of public work or portion thereof awarded to construction manager at risk338.16985Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof338.16991Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal338.16995Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Authority to enter into; procedure for awarding subcontracts of certain estimated value; substitution of subcontractor on such subcontracts; availability of certain information to applicants and public338.1711Contracts for which public body is required or authorized to enter into with prime contractor or design-build team338.1715Procedure for selecting design-build team338.1717Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant338.1718Contract with construction manager as agent338.1721Qualifications of design-build team338.1723Advertisement for preliminary proposals338.1725Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information338.1727Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information338.173Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections338.175Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect338.176Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor338.177Lease of property acquired by local government for public work pending completion of public work338.180Accommodation of persons with physical handicap or disability; specific requirements relating to single-stall restrooms available to public; verification of conformity with requirements; enforcement338.185Public body to reimburse contractor for certain costs of locating underground facility of public utility338.1908Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy338.193Standards for plumbing fixtures338.195Survey for presence of asbestos required before renovation or demolition of public building or structure338.200Prohibition against naming public building or structure after current member of governing body338.400Definitions338.415“Progress bill” defined338.420“Progress payment” defined338.425“Retainage” defined338.430“Retainage bill” defined338.435“Retainage payment” defined338.455Methods to be used for providing notice338.460Period for accrual of interest on retainage338.480Provisions inapplicable to certain contracts made by Department of Transportation338.485Waiver or modification of right, obligation or liability set forth in NRS 338.400 to 338.645, inclusive, prohibited; certain conditions, stipulations or provisions of contract void and unenforceable338.490Limitations on requiring release or waiver of right to receive progress payment or retainage payment338.510Submittal of progress bills338.515Time for making payments; amounts paid; amounts withheld as retainage; rate of interest paid on amounts withheld; powers of Labor Commissioner when worker is owed wages338.520Payment of outstanding balance upon occupancy, use or recording of notice of completion338.525Withholding amounts for failure of contractor to comply with contract or applicable building code, law or regulation; payment of amounts withheld upon confirmation of correction of condition338.530Payment of interest on amounts withheld improperly338.535Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers338.550Time for making payments; amounts paid338.555Amounts withheld as retainage; payment of interest338.560Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation or for claim for wages against subcontractor; payment of amounts withheld upon correction of condition338.565Payment of interest on amounts withheld improperly338.570Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers338.590Time for making payments; amounts paid338.595Amounts withheld as retainage; payment of interest338.600Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation; payment of amounts withheld upon correction of condition338.605Payment of interest on amounts withheld improperly338.610Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers338.630Action by contractor for alternate writ of mandamus to compel performance by public body338.635Action by subcontractor or supplier to remedy unjustified or excessive withholding338.640Award of reasonable costs and attorney’s fees to prevailing party338.645Other rights and remedies not affected