Senate Bill No. 63–Committee on Government Affairs
CHAPTER..........
AN ACT relating to public works projects; authorizing public bodies and local governments to award contracts for certain public works projects to specialty contractors; specifying that certain requirements for receiving a certificate for preference in bidding must be satisfied while licensed as a general contractor or specialty contractor; requiring the state contractors’ board to issue a certificate of eligibility to receive a preference in bidding to a specialty contractor under certain circumstances; allowing general contractors and specialty contractors to receive a preference for bidding on public works by purchasing a contractor that possesses such a preference; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2, 3 and 4 of this act.
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.
Sec. 3. (Deleted by amendment.)
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.
Sec. 5. 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.
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.
[7.] 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.
[8.] 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.
[9.]
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 this act.
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.
[10.] 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.
[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 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,
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.
[13.] 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.
[14.] 15. “Workman” means a skilled mechanic, skilled workman,
semiskilled mechanic, semiskilled workman or unskilled workman. The
term does not include a design professional.
Sec. 6. 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. “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.
3. “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 2 of NRS
624.215.
4. “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.
[4.] 5. “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.
[5.] 6. “Prime contractor” means a person who:
(a) Contracts to complete 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.
[6.]
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 this act.
7. “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.
[7.] 8. “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) Any 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.
[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:
(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.
[9.] 11. “Workman” means a skilled mechanic, skilled workman,
semiskilled mechanic, semiskilled workman or unskilled workman. The
term does not include a “design professional” as that term is defined in
NRS 338.155.
Sec. 7. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the
construction, alteration or repair of a public work pursuant to the
provisions of:
(a) NRS 338.1375 to 338.1389, inclusive[;] , and sections 2 and 3 of
this act; or
(b) NRS 338.143, 338.145 and 338.147[.] and section 4 of this act.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, and
section 2 of this act do not apply with respect to contracts for the
construction, reconstruction, improvement and maintenance of highways
that are awarded by the department of transportation pursuant to NRS
408.313 to 408.433, inclusive, and section 1 of Assembly Bill No. 86 of
this [act.] session.
Sec. 8. NRS 338.1389 is hereby amended to read as follows:
338.1389 1. Except as otherwise provided in NRS 338.1385 and
338.1711 to 338.1727, inclusive, a public body shall award a contract for a
public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection [8] 10 or limited by
subsection [9,] 11, for the purposes of this section, a contractor who:
(a) Has been determined by the public body to be a qualified bidder
pursuant to NRS 338.1379 or is exempt from meeting such requirements
pursuant to NRS 338.1373 or 338.1383; and
(b) At the time he submits his bid, provides to the public body a copy of
a certificate of eligibility to receive a preference in bidding on public
works issued to him by the state contractors’ board pursuant to subsection
3[,]
or 4,
shall be deemed to have submitted a better bid than a competing contractor
who has not provided a copy of such a valid certificate of eligibility if the
amount of his bid is not more than 5 percent higher than the amount bid by
the competing contractor.
3. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a general contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant setting
forth that the general contractor has[:] , while licensed as a general
contractor in this state:
(a) Paid[:] directly, on his own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374
and 377 of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on land
within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state of
not less than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock
option plan , [for employees,] all the assets and liabilities of a viable,
operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
4. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a specialty contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant
setting forth that the specialty contractor has, while licensed as a
specialty contractor in this state:
(a) Paid directly, on his own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377
of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on
land within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state
of not less than $5,000 for each consecutive 12-month period for 60
months immediately preceding the submission of the affidavit from the
certified public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
5. For the purposes of complying with the requirements set forth in
paragraph (a) of subsection 3[, a general] and paragraph (a) of
subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid
in this state by an affiliate or parent company of the contractor, if the
affiliate or parent company is also a general contractor[;] or specialty
contractor, as applicable; and
(b) Sales and use taxes that were paid in this state by a joint venture in
which the contractor is a participant, in proportion to the amount of
interest the contractor has in the joint venture.
[5.] 6. A contractor who has received a certificate of eligibility to
receive a preference in bidding on public works from the state contractors’
board pursuant to subsection 3 or 4 shall, at the time for the annual
renewal of his contractor’s license pursuant to NRS 624.283, submit to the
board an affidavit from a certified public accountant setting forth that the
contractor has, during the immediately preceding 12 months, paid the
taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a)
of subsection 4, as applicable, to maintain his eligibility to hold such a
certificate.
[6.] 7. A contractor who fails to submit an affidavit to the board
pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
bidding on public works unless he reapplies for and receives a certificate
of eligibility pursuant to subsection 3[.
7.] or 4, as applicable.
8. If a contractor holds more than one contractor’s license, he must
submit a separate application for each license pursuant to which he
wishes to qualify for a preference in bidding. Upon issuance, the
certificate of eligibility to receive a preference in bidding on public
works becomes part of the contractor’s license for which the contractor
submitted the application.
9. If a contractor who applies to the state contractors’ board for a
certificate of eligibility to receive a preference in bidding on public works
submits false information to the board regarding the required payment of
taxes, the contractor is not eligible to receive a preference in bidding on
public works for a period of 5 years after the date on which the board
becomes aware of the submission of the false information.
[8.] 10. 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 subsection 2, those provisions do
not apply insofar as their application would preclude or reduce federal
assistance for that work. The provisions of subsection 2 do not apply to
any contract for a public work which is expected to cost less than
$250,000.
[9.] 11. Except as otherwise provided in subsection 2 of NRS
338.1727, if a bid is submitted by two or more contractors as a joint
venture or by one of them as a joint venturer, the provisions of subsection
2 apply only if both or all of the joint venturers separately meet the
requirements of that subsection.
[10.] 12. The state contractors’ board shall adopt regulations and may
assess reasonable fees relating to the certification of contractors for a
preference in bidding on public works.
[11.] 13. A person or entity who believes that a contractor wrongfully
holds a certificate of eligibility to receive a preference in bidding on public
works may challenge the validity of the certificate by filing a written
objection with the public body to which the contractor has submitted a bid
or proposal on a contract for the construction of a public work. A written
objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the
person or entity that the contractor wrongfully holds a certificate of
eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the
contractor submitted the bid or proposal to the public body and before the
time at which the public body awards the contract for which the bid or
proposal was submitted.
[12.] 14. If a public body receives a written objection pursuant to
subsection [11,] 13, the public body shall determine whether the objection
is accompanied by the proof or substantiating evidence required pursuant
to paragraph (a) of that subsection. If the public body determines that the
objection is not accompanied by the required proof or substantiating
evidence, the public body shall dismiss the objection and may proceed
immediately to award the contract. If the public body determines that the
objection is accompanied by the required proof or substantiating evidence,
the public body shall determine whether the contractor qualifies for the
certificate pursuant to the provisions of this section and may proceed to
award the contract accordingly.
Sec. 9. NRS 338.1389 is hereby amended to read as follows:
338.1389 1. Except as otherwise provided in NRS 338.1385, a public
body shall award a contract for a public work to the contractor who
submits the best bid.
2. Except as otherwise provided in subsection [8] 10 or limited by
subsection [9,] 11, for the purposes of this section, a contractor who:
(a) Has been determined by the public body to be a qualified bidder
pursuant to NRS 338.1379 or is exempt from meeting such requirements
pursuant to NRS 338.1373 or 338.1383; and
(b) At the time he submits his bid, provides to the public body a copy of
a certificate of eligibility to receive a preference in bidding on public
works issued to him by the state contractors’ board pursuant to subsection
3[,]
or 4,
shall be deemed to have submitted a better bid than a competing contractor
who has not provided a copy of such a valid certificate of eligibility if the
amount of his bid is not more than 5 percent higher than the amount bid by
the competing contractor.
3. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a general contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant setting
forth that the general contractor has[:] , while licensed as a general
contractor in this state:
(a) Paid [:] directly, on his own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374
and 377 of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on land
within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state of
not less than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock
option plan , [for employees,] all the assets and liabilities of a viable,
operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
4. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a specialty contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant
setting forth that the specialty contractor has, while licensed as a
specialty contractor in this state:
(a) Paid directly, on his own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377
of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on
land within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state
of not less than $5,000 for each consecutive 12-month period for 60
months immediately preceding the submission of the affidavit from the
certified public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
5. For the purposes of complying with the requirements set forth in
paragraph (a) of subsection 3[, a general] and paragraph (a) of
subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid
in this state by an affiliate or parent company of the contractor, if the
affiliate or parent company is also a general contractor[;] or specialty
contractor, as applicable; and
(b) Sales and use taxes that were paid in this state by a joint venture in
which the contractor is a participant, in proportion to the amount of
interest the contractor has in the joint venture.
[5.] 6. A contractor who has received a certificate of eligibility to
receive a preference in bidding on public works from the state contractors’
board pursuant to subsection 3 or 4 shall, at the time for the annual
renewal of his contractor’s license pursuant to NRS 624.283, submit to the
board an affidavit from a certified public accountant setting forth that the
contractor has, during the immediately preceding 12 months, paid the
taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a)
of subsection 4, as applicable, to maintain his eligibility to hold such a
certificate.
[6.] 7. A contractor who fails to submit an affidavit to the board
pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
bidding on public works unless he reapplies for and receives a certificate
of eligibility pursuant to subsection 3[.
7.] or 4, as applicable.
8. If a contractor holds more than one contractor’s license, he must
submit a separate application for each license pursuant to which he
wishes to qualify for a preference in bidding. Upon issuance, the
certificate of eligibility to receive a preference in bidding on public
works becomes part of the contractor’s license for which the contractor
submitted the application.
9. If a contractor who applies to the state contractors’ board for a
certificate of eligibility to receive a preference in bidding on public works
submits false information to the board regarding the required payment of
taxes, the contractor is not eligible to receive a preference in bidding on
public works for a period of 5 years after the date on which the board
becomes aware of the submission of the false information.
[8.] 10. 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 subsection 2, those provisions do
not apply insofar as their application would preclude or reduce federal
assistance for that work. The provisions of subsection 2 do not apply to
any contract for a public work which is expected to cost less than
$250,000.
[9.] 11. If a bid is submitted by two or more contractors as a joint
venture or by one of them as a joint venturer, the provisions of subsection
2 apply only if both or all of the joint venturers separately meet the
requirements of that subsection.
[10.] 12. The state contractors’ board shall adopt regulations and may
assess reasonable fees relating to the certification of contractors for a
preference in bidding on public works.
[11.] 13. A person or entity who believes that a contractor wrongfully
holds a certificate of eligibility to receive a preference in bidding on public
works may challenge the validity of the certificate by filing a written
objection with the public body to which the contractor has submitted a bid
or proposal on a contract for the construction of a public work. A written
objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the
person or entity that the contractor wrongfully holds a certificate of
eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the
contractor submitted the bid or proposal to the public body and before the
time at which the public body awards the contract for which the bid or
proposal was submitted.
[12.] 14. If a public body receives a written objection pursuant to
subsection [11,] 13, the public body shall determine whether the objection
is accompanied by the proof or substantiating evidence required pursuant
to paragraph (a) of that subsection. If the public body determines that the
objection is not accompanied by the required proof or substantiating
evidence, the public body shall dismiss the objection and may proceed
immediately to award the contract. If the public body determines that the
objection is accompanied by the required proof or substantiating evidence,
the public body shall determine whether the contractor qualifies for the
certificate pursuant to the provisions of this section and may proceed to
award the contract accordingly.
Sec. 10. NRS 338.141 is hereby amended to read as follows:
338.141 1. Except as otherwise provided in subsection 2, each bid
submitted to any officer, department, board or commission for the
construction of any public work or improvement must include:
(a) The name of each subcontractor who will provide labor or a portion
of the work or improvement to the contractor for which he will be paid an
amount exceeding 5 percent of the prime contractor’s total bid. Within 2
hours after the completion of the opening of the bids, the [general]
contractors who submitted the three lowest bids must submit a list
containing the name of each subcontractor who will provide labor or a
portion of the work or improvement to the contractor for which he will be
paid an amount exceeding 1 percent of the prime contractor’s total bid or
$50,000, whichever is greater, and the number of the license issued to the
subcontractor pursuant to chapter 624 of NRS. If a [general] contractor
fails to submit such a list within the required time, his bid shall be deemed
not responsive.
(b) A description of the portion of the work or improvement which each
subcontractor named in the bid will complete.
2. The contractor shall list in his bid pursuant to subsection 1 the name
of a subcontractor for each portion of the project that will be completed by
a subcontractor.
3. A contractor whose bid is accepted shall not substitute any person
for a subcontractor who is named in the bid, unless:
(a) The awarding authority objects to the subcontractor, requests in
writing a change in the subcontractor and pays any increase in costs
resulting from the change; or
(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 refuses to execute a written contract with the contractor which was
offered to the subcontractor with the same general terms that all other
subcontractors on the project were offered;
(2) The named subcontractor files for bankruptcy or becomes
insolvent; or
(3) The named subcontractor fails or refuses to perform his
subcontract within a reasonable time or is unable to furnish a performance
bond and payment bond pursuant to NRS 339.025.
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.
Sec. 11. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in NRS 338.143 and
338.1711 to 338.1727, inclusive, a local government shall award a
contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection [8] 10 or limited by
subsection [9,] 11, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the
local government; and
(b) At the time he submits his bid, provides to the local government a
copy of a certificate of eligibility to receive a preference in bidding on
public works issued to him by the state contractors’ board pursuant to
subsection 3[,] or 4,
shall be deemed to have submitted a better bid than a competing contractor
who has not provided a copy of such a valid certificate of eligibility if the
amount of his bid is not more than 5 percent higher than the amount bid by
the competing contractor.
3. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a general contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant setting
forth that the general contractor has[:] , while licensed as a general
contractor in this state:
(a) Paid [:] directly, on his own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374
and 377 of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on land
within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state of
not less than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock
option plan , [for employees,] all the assets and liabilities of a viable,
operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
4. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a specialty contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant
setting forth that the specialty contractor has, while licensed as a
specialty contractor in this state:
(a) Paid directly, on his own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377
of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on
land within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state
of not less than $5,000 for each consecutive 12-month period for 60
months immediately preceding the submission of the affidavit from the
certified public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
5. For the purposes of complying with the requirements set forth in
paragraph (a) of subsection 3[, a general] and paragraph (a) of
subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid
in this state by an affiliate or parent company of the contractor, if the
affiliate or parent company is also a general contractor[;] or specialty
contractor, as applicable; and
(b) Sales and use taxes that were paid in this state by a joint venture in
which the contractor is a participant, in proportion to the amount of
interest the contractor has in the joint venture.
[5.] 6. A contractor who has received a certificate of eligibility to
receive a preference in bidding on public works from the state contractors’
board pursuant to subsection 3 or 4 shall, at the time for the annual
renewal of his contractor’s license pursuant to NRS 624.283, submit to the
board an affidavit from a certified public accountant setting forth that the
contractor has, during the immediately preceding 12 months, paid the
taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a)
of subsection 4, as applicable, to maintain his eligibility to hold such a
certificate.
[6.] 7. A contractor who fails to submit an affidavit to the board
pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
bidding on public works unless he reapplies for and receives a certificate
of eligibility pursuant to subsection 3[.
7.] or 4, as applicable.
8. If a contractor holds more than one contractor’s license, he must
submit a separate application for each license pursuant to which he
wishes to qualify for a preference in bidding. Upon issuance, the
certificate of eligibility to receive a preference in bidding on public works
becomes part of the contractor’s license for which the contractor
submitted the application.
9. If a contractor who applies to the state contractors’ board for a
certificate of eligibility to receive a preference in bidding on public works
submits false information to the board regarding the required payment of
taxes, the contractor is not eligible to receive a preference in bidding on
public works for a period of 5 years after the date on which the board
becomes aware of the submission of the false information.
[8.] 10. 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 subsection 2, those provisions do
not apply insofar as their application would preclude or reduce federal
assistance for that work. The provisions of subsection 2 do not apply to
any contract for a public work which is expected to cost less than
$250,000.
[9.] 11. Except as otherwise provided in subsection 2 of NRS
338.1727 and subsection 2 of NRS 408.3886 if a bid is submitted by two
or more contractors as a joint venture or by one of them as a joint venturer,
the provisions of subsection 2 apply only if both or all of the joint
venturers separately meet the requirements of that subsection.
[10.] 12. The state contractors’ board shall adopt regulations and may
assess reasonable fees relating to the certification of contractors for a
preference in bidding on public works.
[11.] 13. A person or entity who believes that a contractor wrongfully
holds a certificate of eligibility to receive a preference in bidding on public
works may challenge the validity of the certificate by filing a written
objection with the public body to which the contractor has submitted a bid
or proposal on a contract for the completion of a public work. A written
objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the
person or entity that the contractor wrongfully holds a certificate of
eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the
contractor submitted the bid or proposal to the public body and before the
time at which the public body awards the contract for which the bid or
proposal was submitted.
[12.] 14. If a public body receives a written objection pursuant to
subsection [11,] 13, the public body shall determine whether the objection
is accompanied by the proof or substantiating evidence required pursuant
to paragraph (a) of that subsection. If the public body determines that the
objection is not accompanied by the required proof or substantiating
evidence, the public body shall dismiss the objection and may proceed
immediately to award the contract. If the public body determines that the
objection is accompanied by the required proof or substantiating evidence,
the public body shall determine whether the contractor qualifies for the
certificate pursuant to the provisions of this section and may proceed to
award the contract accordingly.
Sec. 12. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in NRS 338.143, a local
government shall award a contract for a public work to the contractor who
submits the best bid.
2. Except as otherwise provided in subsection [8] 10 or limited by
subsection [9,] 11, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the
local government; and
(b) At the time he submits his bid, provides to the local government a
copy of a certificate of eligibility to receive a preference in bidding on
public works issued to him by the state contractors’ board pursuant to
subsection 3[,] or 4,
shall be deemed to have submitted a better bid than a competing contractor
who has not provided a copy of such a valid certificate of eligibility if the
amount of his bid is not more than 5 percent higher than the amount bid by
the competing contractor.
3. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a general contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant setting
forth that the general contractor has[:] , while licensed as a general
contractor in this state:
(a) Paid [:] directly, on his own behalf:
(1) The sales and use taxes imposed pursuant to chapters 372, 374
and 377 of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on land
within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state of
not less than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a stock
option plan , [for employees,] all the assets and liabilities of a viable,
operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
4. The state contractors’ board shall issue a certificate of eligibility to
receive a preference in bidding on public works to a specialty contractor
who is licensed pursuant to the provisions of chapter 624 of NRS and
submits to the board an affidavit from a certified public accountant
setting forth that the specialty contractor has, while licensed as a
specialty contractor in this state:
(a) Paid directly, on his own behalf:
(1) The sales and use taxes pursuant to chapters 372, 374 and 377
of NRS on materials used for construction in this state, including,
without limitation, construction that is undertaken or carried out on
land within the boundaries of this state that is managed by the Federal
Government or is on an Indian reservation or Indian colony, of not less
than $5,000 for each consecutive 12-month period for 60 months
immediately preceding the submission of the affidavit from the certified
public accountant;
(2) The governmental services tax imposed pursuant to chapter 371
of NRS on the vehicles used in the operation of his business in this state
of not less than $5,000 for each consecutive 12-month period for 60
months immediately preceding the submission of the affidavit from the
certified public accountant; or
(3) Any combination of such sales and use taxes and governmental
services tax; or
(b) Acquired, by purchase, inheritance, gift or transfer through a
stock option plan, all the assets and liabilities of a viable, operating
construction firm that possesses a:
(1) License as a specialty contractor pursuant to the provisions of
chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on
public works.
5. For the purposes of complying with the requirements set forth in
paragraph (a) of subsection 3[, a general] and paragraph (a) of
subsection 4, a contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid
in this state by an affiliate or parent company of the contractor, if the
affiliate or parent company is also a general contractor[;] or specialty
contractor, as applicable; and
(b) Sales and use taxes that were paid in this state by a joint venture in
which the contractor is a participant, in proportion to the amount of
interest the contractor has in the joint venture.
[5.] 6. A contractor who has received a certificate of eligibility to
receive a preference in bidding on public works from the state contractors’
board pursuant to subsection 3 or 4 shall, at the time for the annual
renewal of his contractor’s license pursuant to NRS 624.283, submit to the
board an affidavit from a certified public accountant setting forth that the
contractor has, during the immediately preceding 12 months, paid the
taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a)
of subsection 4, as applicable, to maintain his eligibility to hold such a
certificate.
[6.] 7. A contractor who fails to submit an affidavit to the board
pursuant to subsection [5] 6 ceases to be eligible to receive a preference in
bidding on public works unless he reapplies for and receives a certificate
of eligibility pursuant to subsection 3[.
7.] or 4, as applicable.
8. If a contractor holds more than one contractor’s license, he must
submit a separate application for each license pursuant to which he
wishes to qualify for a preference in bidding. Upon issuance, the
certificate of eligibility to receive a preference in bidding on public works
becomes part of the contractor’s license for which the contractor
submitted the application.
9. If a contractor who applies to the state contractors’ board for a
certificate of eligibility to receive a preference in bidding on public works
submits false information to the board regarding the required payment of
taxes, the contractor is not eligible to receive a preference in bidding on
public works for a period of 5 years after the date on which the board
becomes aware of the submission of the false information.
[8.] 10. 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 subsection 2, those provisions do
not apply insofar as their application would preclude or reduce federal
assistance for that work. The provisions of subsection 2 do not apply to
any contract for a public work which is expected to cost less than
$250,000.
[9.] 11. If a bid is submitted by two or more contractors as a joint
venture or by one of them as a joint venturer, the provisions of subsection
2 apply only if both or all of the joint venturers separately meet the
requirements of that subsection.
[10.] 12. The state contractors’ board shall adopt regulations and may
assess reasonable fees relating to the certification of contractors for a
preference in bidding on public works.
[11.] 13. A person or entity who believes that a contractor wrongfully
holds a certificate of eligibility to receive a preference in bidding on public
works may challenge the validity of the certificate by filing a written
objection with the public body to which the contractor has submitted a bid
or proposal on a contract for the completion of a public work. A written
objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the
person or entity that the contractor wrongfully holds a certificate of
eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the
contractor submitted the bid or proposal to the public body and before the
time at which the public body awards the contract for which the bid or
proposal was submitted.
[12.] 14. If a public body receives a written objection pursuant to
subsection [11,] 13, the public body shall determine whether the objection
is accompanied by the proof or substantiating evidence required pursuant
to paragraph (a) of that subsection. If the public body determines that the
objection is not accompanied by the required proof or substantiating
evidence, the public body shall dismiss the objection and may proceed
immediately to award the contract. If the public body determines that the
objection is accompanied by the required proof or substantiating evidence,
the public body shall determine whether the contractor qualifies for the
certificate pursuant to the provisions of this section and may proceed to
award the contract accordingly.
Sec. 13. NRS 338.1711 is hereby amended to read as follows:
338.1711 1. Except as otherwise provided in this section, 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 determines that:
(a) The public work is:
(1) A plant or facility for the treatment and pumping of water or the
treatment and disposal of wastewater or sewage, the estimated cost of
which exceeds $100,000,000; or
(2) Any other type of public work, except a stand-alone underground
utility project, the estimated cost of which exceeds $30,000,000; and
(b) Contracting with a design-build team will enable the public body to:
(1) Design and construct the public work at a cost that is significantly
lower than the cost that the public body would incur to design and
construct the public work using a different method;
(2) Design and construct the public work in a shorter time than would
be required to design and construct the public work using a different
method, if exigent circumstances require that the public work be designed
and constructed within a short time; or
(3) Ensure that the design and construction of the public work is
properly coordinated, if the public work is unique, highly technical and
complex in nature.
3. In a county whose population is 400,000 or more, a public body that
is responsible for financing public works may, for its own public works
and those financed by a different public body, including, without
limitation, an airport if the airport is owned and operated as a department
of the public body, contract with a design-build team once in each fiscal
year for the design and construction of a public work if the public body
determines that:
(a) The estimated cost of the public work is at least $5,000,000 but less
than $30,000,000; and
(b) Contracting with a design-build team will enable the public body to:
(1) Design and construct the public work at a cost that is significantly
lower than the cost that the public body would incur to design and
construct the public work using a different method;
(2) Design and construct the public work in a shorter time than would
be required to design and construct the public work using a different
method, if exigent circumstances require that the public work be designed
and constructed within a short time; or
(3) Ensure that the design and construction of the public work is
properly coordinated, if the public work is unique, highly technical and
complex in nature.
4. Notwithstanding the provisions of subsections 1, 2 and 3, a public
body may contract with:
(a) A nonprofit organization for the design and construction of a project
to restore, enhance or develop wetlands.
(b) A prime contractor[, specialty contractor] or design-build team with
respect to a public work if the public body determines that the public work
is:
(1) Not part of a larger public work; and
(2) Limited in scope to:
(I) Removal of asbestos;
(II) Replacement of equipment or systems for heating, ventilation
and air-conditioning;
(III) Replacement of a roof;
(IV) Landscaping; or
(V) Restoration, enhancement or development of wetlands.
Sec. 14. NRS 338.1715 is hereby amended to read as follows:
338.1715 1. A public body that is required to contract with a prime
contractor pursuant to subsection 1 of NRS 338.1711 or elects to contract
with a [specialty] prime contractor pursuant to subsection 4 of NRS
338.1711 shall select the prime contractor [or specialty contractor, as
appropriate,] in accordance with the procedures for bidding that are set
forth in:
(a) The provisions of NRS 338.1375 to 338.1389, inclusive[;] and
sections 2 and 3 of this act; or
(b) NRS 338.143, 338.145 and 338.147[,] and section 4 of this act, if
the public body is a local government that elects to award a contract for a
public work in accordance with paragraph (b) of subsection 1 of NRS
338.1373.
2. A public body that contracts with a design-build team pursuant to
NRS 338.1711 and 338.1713 shall select the design-build team in
accordance with NRS 338.1721 to 338.1727, inclusive.
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.
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,
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.
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.
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