2001 REGULAR SESSION (71st) A SB63 R1 1047
Amendment Box: Replaces Amendment No.
733. Resolves conflicts with A.B. No. 86,
A.B. No. 155, S.B. No. 255 and S.B. No. 560. Makes substantive changes.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 1, by deleting lines 3 through 16 and inserting:
“Sec. 2. 1. A public body may award a contract for the construction, alteration or repair of a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a specialty contractor if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a public body awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.1389, inclusive, all work to be performed on the project 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.”.
Amend the bill as a whole by deleting sec. 3 and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 4, page 2, by deleting lines 6 through 25 and inserting:
“Sec. 4. 1. A local government may award a contract for the construction, alteration or repair of a public work to a specialty contractor pursuant to NRS 338.147 if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a local government awards a contract to a specialty contractor pursuant to NRS 338.147, all work to be performed on the project 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.”.
Amend sec. 5, page 3, line 26, by deleting “or”.
Amend sec. 5, page 3, line 28, by deleting “NRS.” and inserting “NRS; or”.
Amend sec. 5, page 3, between lines 28 and 29, by inserting:
“(d) Comply with subsection 4 or 5 of NRS 338.070.”.
Amend sec. 5, page 4, by deleting lines 16 through 20 and inserting:
“[11.] 12. “Specialty contractor” means a [contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
12.] person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an”.
Amend sec. 6, page 5, line 21, by deleting “or”.
Amend sec. 6, page 5, line 23, by deleting “NRS.” and inserting “NRS; or”.
Amend sec. 6, page 5, between lines 23 and 24, by inserting:
“(d) Comply with subsection 4 or 5 of NRS 338.070.”.
Amend sec. 6, page 6, by deleting line 11 and inserting:
“[8.] 9. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
10. “Wages” means:”.
Amend sec. 6, page 6, line 16, by deleting “10.” and inserting “11.”.
Amend sec. 7, page 6, line 31, by deleting “inclusive.” and inserting:
“inclusive, and section 1 of Assembly Bill No. 86 of this [act.] session.”.
Amend sec. 10, page 12, line 43, by deleting “of” and inserting “containing”.
Amend sec. 10, page 13, by deleting lines 13 and 14 and inserting:
“(b) The substitution is approved by the awarding authority or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that:
(1) The named subcontractor, after having a reasonable opportunity, fails or”.
Amend sec. 10, page 13, line 16, after “same” by inserting “general”.
Amend sec. 10, page 13, between lines 22 and 23, by inserting:
“4. As used in this section, “general terms” means the terms and conditions of a contract that set the basic requirements for a project and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the project that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. Section 1 of Senate Bill No. 255 of this session is hereby amended to read as follows:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. “Design-build team” means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, 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.
4. “Design professional” means [a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.] :
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
5. “Eligible bidder” means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.
6. “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
7. “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
8. “Offense” means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
9. “Prime contractor” means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
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The term includes, without limitation, a general contractor or
a specialty contractor who is authorized to bid on a project pursuant to
section 2 or 4 of Senate Bill No.
63 of this [act.]session.
10. “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
11. “Public work” means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
12. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
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that is not located at the site of a public work for the
design and construction of which a public body is authorized to contract with a
design-build team pursuant to subsection 2 of NRS 338.1711.
14. “Wages” means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
15. “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.”.
Amend sec. 15, page 21, by deleting lines 4 through 15 and inserting:
“Sec. 15. 1. This section and sections 1 to 4, inclusive, 7, 10, 13 and 14 of this act become effective on July 1, 2001.
2. Sections 5, 8 and 11 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 14.5 of this act becomes effective at 12:02 a.m. on July 1, 2001.
4. Sections 6 and 9 of this act become effective at 12:02 a.m. on October 1, 2003.
5. Section 12 of this act becomes effective at 12:03 a.m. on October 1, 2003.
6. Sections 5, 8, 11, 13 and 14 of this act expire by limitation on October 1, 2003.”.