Assembly Bill No. 425–Assemblyman Parks

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions regarding public works. (BDR 28‑405)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public works; providing for a hearing for unsuccessful bidders; revising the exemption of contracts necessary to contend with certain emergencies from the requirements relating to contracts for public works; authorizing a public body to require a person who is found to have failed to pay the prevailing wage to pay the costs incurred by the public body for its investigation; revising the provisions governing the criteria for determining the qualification of bidders on public works of local governments; revising certain provisions regarding advertising for bids; removing certain provisions regarding the maintenance of lists of licensed contractors by public bodies for bidding on certain contracts; revising provisions governing the naming of subcontractors; requiring an authorized representative to make certain reports to public bodies regarding certain contracts; revising certain provisions regarding objections to the award of a certificate of eligibility for a preference in bidding; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

2-1  Section 1. Chapter 338 of NRS is hereby amended by adding

2-2  thereto a new section to read as follows:

2-3  1.  A person who bids on a contract may file a notice of protest

2-4  regarding the awarding of the contract with the authorized

2-5  representative designated by the public body within 5 business

2-6  days after the date the bids were opened by the public body or its

2-7  authorized representative.

2-8  2.  The notice of protest must include a written statement

2-9  setting forth with specificity the reasons the person filing the

2-10  notice believes the applicable provisions of law were violated.

2-11      3.  A person filing a notice of protest may be required by the

2-12  public body or its authorized representative, at the time the notice

2-13  of protest is filed, to post a bond with a good and solvent surety

2-14  authorized to do business in this state or submit other security, in

2-15  a form approved by the public body, to the public body who shall

2-16  hold the bond or other security until a determination is made on

2-17  the protest.  A bond posted or other security submitted with a

2-18  notice of protest must be in an amount equal to the lesser of:

2-19      (a) Twenty-five percent of the total value of the bid submitted

2-20  by the person filing the notice of protest; or

2-21      (b) Two hundred fifty thousand dollars.

2-22      4.  A notice of protest filed in accordance with the provisions

2-23  of this section operates as a stay of action in relation to the

2-24  awarding of any contract until a determination is made by the

2-25  public body on the protest.

2-26      5.  A person who makes an unsuccessful bid may not seek any

2-27  type of judicial intervention until the public body has made a

2-28  determination on the protest and awarded the contract.

2-29      6.  Neither a public body nor any authorized representative of

2-30  the public body is liable for any costs, expenses, attorney’s fees,

2-31  loss of income or other damages sustained by a person who makes

2-32  a bid, whether or not the person files a notice of protest pursuant

2-33  to this section.

2-34      7.  If the protest is upheld, the bond posted or other security

2-35  submitted with the notice of protest must be returned to the person

2-36  who posted the bond or submitted the security. If the protest is

2-37  rejected, a claim may be made against the bond or other security

2-38  by the public body in an amount equal to the expenses incurred by

2-39  the public body because of the unsuccessful protest. Any money

2-40  remaining after the claim has been satisfied must be returned to

2-41  the person who posted the bond or submitted the security.

 

 

 

 

3-1  Sec. 2.  NRS 338.010 is hereby amended to read as follows:

3-2  338.010  As used in this chapter:

3-3  1.  “Authorized representative” means a person designated by

3-4  a governing body to be responsible for the development and award

3-5  of contracts for public works pursuant to this chapter.

3-6  2.  “Contract” means a written contract entered into between

3-7  a contractor and a public body for the provision of labor,

3-8  materials, equipment or supplies for a public work.

3-9  3.  “Contractor” means:

3-10      (a) A person who is licensed pursuant to the provisions of

3-11  chapter 624 of NRS or performs such work that he is not required

3-12  to be licensed pursuant to chapter 624 of NRS.

3-13      (b) A design-build team.

3-14      4.  “Day labor” means all cases where public bodies, their

3-15  officers, agents or employees, hire, supervise and pay the wages

3-16  thereof directly to a workman or workmen employed by them on

3-17  public works by the day and not under a contract in writing.

3-18      [2.] 5.  “Design-build contract” means a contract between a

3-19  public body and a design-build team in which the design-build team

3-20  agrees to design and construct a public work.

3-21      [3.] 6.  “Design-build team” means an entity that consists of:

3-22      (a) At least one person who is licensed as a general engineering

3-23  contractor or a general building contractor pursuant to chapter 624

3-24  of NRS; and

3-25      (b) For a public work that consists of:

3-26          (1) A building and its site, at least one person who holds a

3-27  certificate of registration to practice architecture pursuant to chapter

3-28  623 of NRS.

3-29          (2) Anything other than a building and its site, at least one

3-30  person who holds a certificate of registration to practice architecture

3-31  pursuant to chapter 623 of NRS or landscape architecture pursuant

3-32  to chapter 623A of NRS or who is licensed as a professional

3-33  engineer pursuant to chapter 625 of NRS.

3-34      [4.] 7.  “Design professional” means:

3-35      (a) A person who is licensed as a professional engineer pursuant

3-36  to chapter 625 of NRS;

3-37      (b) A person who is licensed as a professional land surveyor

3-38  pursuant to chapter 625 of NRS;

3-39      (c) A person who holds a certificate of registration to engage in

3-40  the practice of architecture , interior design or residential design

3-41  pursuant to chapter 623 of NRS;

3-42      (d) A person who holds a certificate of registration to engage in

3-43  the practice of landscape architecture pursuant to chapter 623A of

3-44  NRS; or

4-1  (e) A business entity that engages in the practice of professional

4-2  engineering, land surveying, architecture or landscape architecture.

4-3  [5.] 8.  “Eligible bidder” means a person who is:

4-4  (a) Found to be a responsible and responsive contractor by a

4-5  local government or its authorized representative which requests

4-6  bids for a public work in accordance with paragraph (b) of

4-7  subsection 1 of NRS 338.1373; or

4-8  (b) Determined by a public body or its authorized

4-9  representative which awarded a contract for a public work pursuant

4-10  to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that

4-11  contract pursuant to NRS 338.1379 . [or was exempt from meeting

4-12  such qualifications pursuant to NRS 338.1383.

4-13      6.] 9.  “General contractor” means a person who is licensed to

4-14  conduct business in one, or both, of the following branches of the

4-15  contracting business:

4-16      (a) General engineering contracting, as described in subsection 2

4-17  of NRS 624.215.

4-18      (b) General building contracting, as described in subsection 3 of

4-19  NRS 624.215.

4-20      10.  “Governing body” means the board, council, commission

4-21  or other body in which the general legislative and fiscal powers of

4-22  a local government are vested.

4-23      [7.] 11.  “Local government” means every political subdivision

4-24  or other entity which has the right to levy or receive money from ad

4-25  valorem or other taxes or any mandatory assessments, and includes,

4-26  without limitation, counties, cities, towns, boards, school districts

4-27  and other districts organized pursuant to chapters 244A, 309, 318,

4-28  379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,

4-29  inclusive, and any agency or department of a county or city which

4-30  prepares a budget separate from that of the parent political

4-31  subdivision.

4-32      [8.] 12.  “Offense” means failing to:

4-33      (a) Pay the prevailing wage required pursuant to this chapter;

4-34      (b) Pay the contributions for unemployment compensation

4-35  required pursuant to chapter 612 of NRS;

4-36      (c) Provide and secure compensation for employees required

4-37  pursuant to chapters 616A to 617, inclusive, of NRS; or

4-38      (d) Comply with subsection 4 or 5 of NRS 338.070.

4-39      [9.] 13.  “Prime contractor” means a [person] contractor who:

4-40      (a) Contracts to construct an entire project;

4-41      (b) Coordinates all work performed on the entire project;

4-42      (c) Uses his own workforce to perform all or a part of the

4-43  [construction, repair or reconstruction of the project;] public work;

4-44  and

5-1  (d) Contracts for the services of any subcontractor or

5-2  independent contractor or is responsible for payment to any

5-3  contracted subcontractors or independent contractors.

5-4  The term includes, without limitation, a general contractor or a

5-5  specialty contractor who is authorized to bid on a project pursuant to

5-6  NRS 338.139 or 338.148.

5-7  [10.] 14.  “Public body” means the State, county, city, town,

5-8  school district or any public agency of this state or its political

5-9  subdivisions sponsoring or financing a public work.

5-10      [11.] 15.  “Public work” means any project for the new

5-11  construction, repair or reconstruction of:

5-12      (a) A project financed in whole or in part from public money

5-13  for:

5-14          (1) Public buildings;

5-15          (2) Jails and prisons;

5-16          (3) Public roads;

5-17          (4) Public highways;

5-18          (5) Public streets and alleys;

5-19          (6) Public utilities ; [which are financed in whole or in part

5-20  by public money;]

5-21          (7) Publicly owned water mains and sewers;

5-22          (8) Public parks and playgrounds;

5-23          (9) Public convention facilities which are financed at least in

5-24  part with public funds; and

5-25          (10) All other publicly owned works and property . [whose

5-26  cost as a whole exceeds $20,000. Each separate unit that is a part of

5-27  a project is included in the cost of the project to determine whether a

5-28  project meets that threshold.]

5-29      (b) A building for the University and Community College

5-30  System of Nevada of which 25 percent or more of the costs of the

5-31  building as a whole are paid from money appropriated by this state

5-32  or from federal money.

5-33      [12.] 16.  “Specialty contractor” means a person who is

5-34  licensed to conduct business as described in subsection 4 of

5-35  NRS 624.215.

5-36      [13.] 17.  “Stand-alone underground utility project” means an

5-37  underground utility project that is not integrated into a larger

5-38  project, including, without limitation:

5-39      (a) An underground sewer line or an underground pipeline for

5-40  the conveyance of water, including facilities appurtenant thereto;

5-41  and

5-42      (b) A project for the construction or installation of a storm drain,

5-43  including facilities appurtenant thereto,

6-1  that is not located at the site of a public work for the design and

6-2  construction of which a public body is authorized to contract with a

6-3  design-build team pursuant to subsection 2 of NRS 338.1711.

6-4  [14.] 18.  “Subcontract” means a written contract entered

6-5  into between:

6-6  (a) A contractor and a subcontractor or supplier; or

6-7  (b) A subcontractor and another subcontractor or supplier, for

6-8  the provision of labor, materials, equipment or supplies for a

6-9  construction project.

6-10      19.  “Subcontractor” means a person who:

6-11      (a) Is licensed pursuant to the provisions of chapter 624 of

6-12  NRS or performs such work that he is not required to be licensed

6-13  pursuant to chapter 624 of NRS; and

6-14      (b) Contracts with a contractor, another subcontractor or a

6-15  supplier to provide labor, materials or services for a construction

6-16  project.

6-17      20.  “Supplier” means a person who provides materials,

6-18  equipment or supplies for a construction project.

6-19      21.  “Wages” means:

6-20      (a) The basic hourly rate of pay; and

6-21      (b) The amount of pension, health and welfare, vacation and

6-22  holiday pay, the cost of apprenticeship training or other similar

6-23  programs or other bona fide fringe benefits which are a benefit to

6-24  the workman.

6-25      [15.] 22.  “Workman” means a skilled mechanic, skilled

6-26  workman, semiskilled mechanic, semiskilled workman or unskilled

6-27  workman. The term does not include a design professional.

6-28      Sec. 3.  NRS 338.011 is hereby amended to read as follows:

6-29      338.011  The requirements of this chapter do not apply to a

6-30  contract [awarded in compliance with chapter 332 or 333 of NRS

6-31  which is:

6-32      1.  Directly] :

6-33      1.  Awarded in compliance with chapter 332 or 333 of NRS

6-34  which is directly related to the normal operation of the public body

6-35  or the normal maintenance of its property.

6-36      2.  Awarded to meet an emergency which results from a natural

6-37  or man-made disaster and which threatens the health, safety or

6-38  welfare of the public. If the public body or its authorized

6-39  representative determines that an emergency exists, a contract or

6-40  contracts necessary to contend with the emergency may be let

6-41  without complying with the requirements of this chapter. If such

6-42  emergency action was taken by the authorized representative, the

6-43  authorized representative shall report the contract or contracts to

6-44  the public body at the next regularly scheduled meeting of the

6-45  public body.

7-1  Sec. 4.  NRS 338.013 is hereby amended to read as follows:

7-2  338.013  1.  A public body that advertises for bids for a public

7-3  work shall request from the Labor Commissioner, and include in the

7-4  advertisement, an identifying number with his designation of the

7-5  work. That number must be included in any bid submitted in

7-6  response to the advertisement.

7-7  2.  Each public body which awards a contract for any public

7-8  work shall report its award to the Labor Commissioner within 10

7-9  days after the award, giving the name and address of [each

7-10  contractor who will be engaged on the work] the contractor to

7-11  whom the public body awarded the contract and the identifying

7-12  number[.] for the public work.

7-13      3.  Each contractor engaged on a public work shall report to the

7-14  Labor Commissioner and the public body that awarded the

7-15  contract the name and address of each subcontractor whom he

7-16  engages for work on the project within 10 days after the

7-17  subcontractor commences work on the contract[.] and the

7-18  identifying number for the public work.

7-19      4.  The public body which awarded the contract shall report the

7-20  completion of all work performed under the contract to the Labor

7-21  Commissioner before the final payment of money due the contractor

7-22  by the public body.

7-23      Sec. 5.  NRS 338.030 is hereby amended to read as follows:

7-24      338.030  1.  The public body awarding any contract for public

7-25  work, or otherwise undertaking any public work, shall ascertain

7-26  from the Labor Commissioner the prevailing wage in the county in

7-27  which the public work is to be performed for each craft or type of

7-28  work.

7-29      2.  To establish a prevailing wage in each county, including

7-30  Carson City, the Labor Commissioner shall, annually, survey

7-31  contractors who have performed work in the county. Within 30 days

7-32  after the determination is issued:

7-33      (a) A public body or person entitled under subsection 5 to be

7-34  heard may submit an objection to the Labor Commissioner with

7-35  evidence to substantiate that a different wage prevails; and

7-36      (b) Any person may submit information to the Labor

7-37  Commissioner that would support a change in the prevailing wage

7-38  of a craft or type of work by 50 cents or more per hour in any

7-39  county.

7-40      3.  The Labor Commissioner shall hold a hearing in the locality

7-41  in which the work is to be executed if he:

7-42      (a) Is in doubt as to the prevailing wage; or

7-43      (b) Receives an objection or information pursuant to

7-44  subsection 2.

8-1  The Labor Commissioner may hold only one hearing a year on the

8-2  prevailing wage of any craft or type of work in any county.

8-3  4.  Notice of the hearing must be advertised in a newspaper

8-4  nearest to the locality of the work once a week for 2 weeks before

8-5  the time of the hearing.

8-6  5.  At the hearing, any public body, the crafts affiliated with the

8-7  state federation of labor or other recognized national labor

8-8  organizations, and the contractors of the locality or their

8-9  representatives must be heard. From the evidence presented, the

8-10  Labor Commissioner shall determine the prevailing wage.

8-11      6.  The wages so determined must be filed by the Labor

8-12  Commissioner and must be available to any public body which

8-13  awards a contract for any public work.

8-14      7.  Nothing contained in NRS 338.020 to 338.090, inclusive,

8-15  may be construed to authorize the fixing of any wage below any rate

8-16  which may now or hereafter be established as a minimum wage for

8-17  any person employed upon any public work, or employed by any

8-18  officer or agent of any [political subdivision of the State of Nevada.]

8-19  public body.

8-20      Sec. 6.  NRS 338.035 is hereby amended to read as follows:

8-21      338.035  The obligation of a contractor engaged on a public

8-22  work or subcontractor engaged on a public work to pay wages in

8-23  accordance with the determination of the Labor Commissioner may

8-24  be discharged by the making of payments in cash, or by making

8-25  contributions to a third person pursuant to a fund, plan or program in

8-26  the name of the workman.

8-27      Sec. 7.  NRS 338.060 is hereby amended to read as follows:

8-28      338.060  1.  A contractor engaged on a public [works] work

8-29  shall forfeit, as a penalty to the public body [in] on behalf of which

8-30  the contract has been made and awarded to the contractor, not less

8-31  than $20 nor more than $50 for each calendar day or portion thereof

8-32  that each workman employed on the public work:

8-33      (a) Is paid less than the designated rate for any work done under

8-34  the contract, by the contractor or any subcontractor [under him.]

8-35  engaged on the public work.

8-36      (b) Is not reported to the public body awarding the contract as

8-37  required pursuant to NRS 338.070.

8-38  The public body awarding the contract shall cause a stipulation to

8-39  this effect to be inserted in the contract.

8-40      2.  The Labor Commissioner shall, by regulation, establish a

8-41  sliding scale based on the size of the [contractor’s] business of a

8-42  contractor engaged on a public work to determine the amount of

8-43  the penalty to be imposed pursuant to subsection 1.

8-44      3.  If a penalty is imposed pursuant to this section, the costs of

8-45  the proceeding, including investigative costs and attorney’s fees,

9-1  may be recovered by the Labor Commissioner[.] and the public

9-2  body.

9-3  Sec. 8.  NRS 338.070 is hereby amended to read as follows:

9-4  338.070  1.  Any public body [and its officers or agents]

9-5  awarding a contract shall:

9-6  (a) Investigate possible violations of the provisions of NRS

9-7  338.010 to 338.090, inclusive, committed in the course of the

9-8  execution of the contract, and determine whether a violation has

9-9  been committed and inform the Labor Commissioner of any such

9-10  violations; and

9-11      (b) When making payments to the contractor engaged on the

9-12  public work of money becoming due under the contract, withhold

9-13  and retain all sums forfeited pursuant to the provisions of NRS

9-14  338.010 to 338.090, inclusive.

9-15      2.  No sum may be withheld, retained or forfeited, except from

9-16  the final payment, without a full investigation being made by the

9-17  awarding public body . [or its agents.]

9-18      3.  It is lawful for any contractor engaged on a public work to

9-19  withhold from any subcontractor [under him] engaged on the public

9-20  work sufficient sums to cover any penalties withheld from [him] the

9-21  contractor by the awarding public body on account of the failure of

9-22  the subcontractor to comply with the terms of NRS 338.010 to

9-23  338.090, inclusive. If payment has already been made to the

9-24  subcontractor, the contractor may recover from [him] the

9-25  subcontractor the amount of the penalty or forfeiture in a suit at

9-26  law.

9-27      4.  [The] A contractor engaged on a public work and each

9-28  subcontractor engaged on the public work shall keep or cause to be

9-29  kept an accurate record showing the name, the occupation and the

9-30  actual per diem, wages and benefits paid to each workman

9-31  employed by [him] the contractor and subcontractor in connection

9-32  with the public work.

9-33      5.  The record maintained pursuant to subsection 4 must be

9-34  open at all reasonable hours to the inspection of the public body

9-35  awarding the contract . [, and its officers and agents.] The contractor

9-36  engaged on the public work or subcontractor engaged on the public

9-37  work shall ensure that a copy of the record for each calendar month

9-38  is received by the public body awarding the contract no later than

9-39  [10] 15 days after the end of the month. The copy must be open to

9-40  public inspection as provided in NRS 239.010. The record in the

9-41  possession of the public body awarding the contract may be

9-42  discarded by the public body 2 years after final payment is made by

9-43  the public body for the public work.

10-1      6.  Any contractor or subcontractor, or agent or representative

10-2  thereof, performing work for a public work who neglects to comply

10-3  with the provisions of this section is guilty of a misdemeanor.

10-4      Sec. 9.  NRS 338.080 is hereby amended to read as follows:

10-5      338.080  None of the provisions of NRS 338.020 to 338.090,

10-6  inclusive, apply to:

10-7      1.  Any work, construction, alteration, repair or other

10-8  employment performed, undertaken or carried out, by or for any

10-9  railroad company or any person operating the same, whether such

10-10  work, construction, alteration or repair is incident to or in

10-11  conjunction with a contract to which [this state or any of its political

10-12  subdivisions] a public body is a party, or otherwise.

10-13     2.  Apprentices recorded under the provisions of chapter 610 of

10-14  NRS.

10-15     3.  Any contract for a public work whose cost is less than

10-16  $100,000. A unit of the project must not be separated from the total

10-17  project, even if that unit is to be completed at a later time, in order to

10-18  lower the cost of the project below $100,000.

10-19     Sec. 10.  NRS 338.090 is hereby amended to read as follows:

10-20     338.090  1.  Any person, including the officers, agents or

10-21  employees of a public body, who violates any of the provisions of

10-22  NRS 338.010 to 338.090, inclusive, or any regulation adopted

10-23  pursuant thereto, is guilty of a misdemeanor.

10-24     2.  The Labor Commissioner, in addition to any other penalty

10-25  provided in this chapter:

10-26     (a) Shall assess a person who, after a hearing, is found to have

10-27  failed to pay the prevailing wage required pursuant to NRS 338.020

10-28  to 338.090, inclusive, an amount equal to the difference between the

10-29  prevailing wages required to be paid and the wages [he] that the

10-30  contractor or subcontractor actually paid; and

10-31     (b) May, in addition, impose an administrative fine not to

10-32  exceed the costs [he] incurred by the Labor Commissioner to

10-33  investigate and prosecute the matter.

10-34     3.  If the Labor Commissioner finds that a person has failed to

10-35  pay the prevailing wage required pursuant to NRS 338.020 to

10-36  338.090, inclusive, the public body may, in addition to any other

10-37  penalty or administrative fine provided in this chapter, require the

10-38  person to pay the actual costs incurred by the public body to

10-39  investigate the matter.

10-40     Sec. 11.  NRS 338.125 is hereby amended to read as follows:

10-41     338.125  1.  It is unlawful for any contractor in connection

10-42  with the performance of work under a contract with [the State, or

10-43  any of its political subdivisions,] a public body, when payment of

10-44  the contract price, or any part of such payment, is to be made from

10-45  public money, to refuse to employ or to discharge from employment

11-1  any person because of his race, color, creed, national origin, sex,

11-2  sexual orientation or age, or to discriminate against a person with

11-3  respect to hire, tenure, advancement, compensation or other terms,

11-4  conditions or privileges of employment because of his race, creed,

11-5  color, national origin, sex, sexual orientation or age.

11-6      2.  Contracts [negotiated] between contractors and [the State, or

11-7  any of its political subdivisions,] public bodies must contain the

11-8  following contractual provisions:

 

11-9      In connection with the performance of work under this

11-10  contract, the contractor agrees not to discriminate against any

11-11  employee or applicant for employment because of race, creed,

11-12  color, national origin, sex, sexual orientation or age,

11-13  including, without limitation, with regard to employment,

11-14  upgrading, demotion or transfer, recruitment or recruitment

11-15  advertising, layoff or termination, rates of pay or other forms

11-16  of compensation, and selection for training, including,

11-17  without limitation, apprenticeship.

11-18     The contractor further agrees to insert this provision in all

11-19  subcontracts hereunder, except subcontracts for standard

11-20  commercial supplies or raw materials.

 

11-21     3.  Any violation of such provision by a contractor constitutes a

11-22  material breach of contract.

11-23     4.  As used in this section, “sexual orientation” means having or

11-24  being perceived as having an orientation for heterosexuality,

11-25  homosexuality or bisexuality.

11-26     Sec. 12.  NRS 338.130 is hereby amended to read as follows:

11-27     338.130  1.  In all cases where persons are employed in the

11-28  construction of public works, preference [shall] must be given[,] by

11-29  a public body, the qualifications of the applicants being equal:

11-30     (a) First: To honorably discharged soldiers, sailors and marines

11-31  of the United States who are citizens of the State of Nevada.

11-32     (b) Second: To other citizens of the State of Nevada.

11-33     2.  Nothing in this section shall be construed to prevent the

11-34  working of prisoners by [the State of Nevada, or by any political

11-35  subdivision of the State, on street or road work or other] a public

11-36  body on a public work.

11-37     3.  In each contract for the construction of public works a

11-38  [proviso shall] clause must be inserted to the effect that if the

11-39  provisions of this section are not complied with by the contractor[,]

11-40  engaged on the public work, the contract [shall be] is void, and any

11-41  failure or refusal to comply with any of the provisions of this section

11-42  [shall render] renders any such contract void. All boards,

11-43  commissions, officers, agents and employees having the power to

12-1  enter into contracts for the expenditure of public money on public

12-2  works shall file in the Office of the Labor Commissioner the names

12-3  and addresses of all contractors holding contracts with the [State of

12-4  Nevada, or with any political subdivision of the State. Upon] public

12-5  body and upon the letting of new contracts the names and addresses

12-6  of such new contractors [shall] must likewise be filed[.] with the

12-7  Labor Commissioner. Upon the demand of the Labor

12-8  Commissioner , a contractor shall furnish a list of the names and

12-9  addresses of all subcontractors [in his employ.] employed by the

12-10  contractor engaged on a public work.

12-11     4.  Subject to the exceptions contained in this section, no money

12-12  [shall] may be paid out of the State Treasury or out of the treasury

12-13  of any political subdivision of the State to any person employed on

12-14  any work mentioned in this section unless there has been

12-15  compliance with the provisions of this section.

12-16     5.  Any contractor [with the State of Nevada or with any

12-17  political subdivision of the State] engaged on a public work or any

12-18  other person who violates any of the provisions of this section [shall

12-19  be] is guilty of a misdemeanor. The penalties provided for in this

12-20  section [shall] do not apply where violations thereof are due to

12-21  misrepresentations made by the employee or employees.

12-22     Sec. 13.  NRS 338.1373 is hereby amended to read as follows:

12-23     338.1373  1.  A local government or its authorized

12-24  representative shall award a contract for [the construction, alteration

12-25  or repair of] a public work pursuant to the provisions of:

12-26     (a) NRS 338.1377 to 338.139, inclusive; [or]

12-27     (b) NRS 338.143 to 338.148, inclusive[.] ; or

12-28     (c) NRS 338.1711 to 338.1727, inclusive.

12-29     2.  The provisions of section 1 of this act and NRS 338.1375 to

12-30  [338.1383,] 338.1381, inclusive, and 338.139 and 338.1711 to

12-31  338.1727, inclusive, do not apply with respect to contracts for the

12-32  construction, reconstruction, improvement and maintenance of

12-33  highways that are awarded by the Department of Transportation

12-34  pursuant to NRS 408.313 to 408.433, inclusive.

12-35     Sec. 14.  NRS 338.1375 is hereby amended to read as follows:

12-36     338.1375  1.  The State Public Works Board shall not accept a

12-37  bid on a contract for a public work unless the [person] contractor

12-38  who submits the bid has qualified pursuant to NRS 338.1379 to bid

12-39  on that contract.

12-40     2.  The State Public Works Board shall by regulation adopt

12-41  criteria for the qualification of bidders on contracts for public works

12-42  of this state. The criteria adopted by the State Public Works Board

12-43  pursuant to this section must be used by the State Public Works

12-44  Board to determine the qualification of bidders on contracts for

12-45  public works of this state.

13-1      3.  The criteria adopted by the State Public Works Board

13-2  pursuant to this section:

13-3      (a) Must be adopted in such a form that the determination of

13-4  whether an applicant is qualified to bid on a contract for a public

13-5  work does not require or allow the exercise of discretion by any one

13-6  person.

13-7      (b) May include only:

13-8          (1) The financial ability of the applicant to perform a

13-9  contract;

13-10         (2) The principal personnel of the applicant;

13-11         (3) Whether the applicant has breached any contracts with a

13-12  public [agency] body or person in this state or any other state;

13-13         (4) Whether the applicant has been disqualified from being

13-14  awarded a contract pursuant to NRS 338.017 or 338.1387; and

13-15         (5) The performance history of the applicant concerning

13-16  other recent, similar contracts, if any, completed by the applicant.

13-17     Sec. 15.  NRS 338.1377 is hereby amended to read as follows:

13-18     338.1377  [1.  Except as otherwise provided in NRS

13-19  338.1383,] If the governing body of [each] a local government that

13-20  sponsors or finances a public work elects to award contracts for

13-21  public works pursuant to the provisions of NRS 338.1377 to

13-22  338.139, inclusive, the governing body shall adopt the following

13-23  criteria for [the qualification of bidders] determining whether a

13-24  person who has applied pursuant to NRS 338.1379 is qualified to

13-25  bid on contracts for public works of the local government[. The

13-26  governing body shall use the criteria to determine the qualification

13-27  of bidders on contracts for public works of the local government.

13-28     2.  Before adopting criteria pursuant to this section, the

13-29  governing body of a local government shall hold at least one public

13-30  hearing to solicit and evaluate public opinion regarding the criteria

13-31  to be adopted. Notice of such a hearing must be provided by mail at

13-32  least 10 days before the hearing to:

13-33     (a) Construction trade associations in this state; and

13-34     (b) Labor unions representing trades in the building industry in

13-35  this state.

13-36     3.  The criteria adopted by a governing body pursuant to this

13-37  section to determine whether an applicant is qualified to bid on a

13-38  contract for a public work:

13-39     (a) Must be adopted in such a form that the determination of

13-40  whether an applicant is qualified to bid on a contract for a public

13-41  work does not require or allow the exercise of discretion by any one

13-42  person.

13-43     (b) May include only:

13-44         (1) The financial ability of the applicant to perform a

13-45  contract;

14-1          (2) The principal personnel of the applicant;

14-2          (3)] :

14-3      1.  Whether the applicant possesses a valid contractor’s

14-4  license of a class corresponding to the work to be required by the

14-5  local government;

14-6      2.  Whether the applicant has the ability to obtain the

14-7  necessary bonding for the work to be required by the local

14-8  government;

14-9      3.  Whether the applicant has successfully completed one or

14-10  more projects during the 5 years immediately preceding the date of

14-11  application of similar size, scope or type as the work to be required

14-12  by the local government;

14-13     4.  Whether the principal personnel employed by the applicant

14-14  have the necessary professional qualifications and experience for

14-15  the work to be required by the local government;

14-16     5.  Whether the applicant has breached any contracts with a

14-17  public agency or person in this state or any other state[; and

14-18         (4)] during the 5 years immediately preceding the date of

14-19  application;

14-20     6.  Whether the applicant has been disqualified from being

14-21  awarded a contract pursuant to NRS 338.017 or 338.1387[.] ;

14-22     7.  Whether the applicant has been convicted of a violation for

14-23  discrimination in employment during the 2 years immediately

14-24  preceding the date of application;

14-25     8.  Whether the applicant has the ability to obtain and

14-26  maintain insurance coverage for public liability and property

14-27  damage within limits sufficient to protect the applicant and all the

14-28  subcontractors of the applicant from claims for personal injury,

14-29  accidental death and damage to property that may arise in

14-30  connection with the work to be required by the local government;

14-31     9.  Whether the applicant has established a safety program

14-32  that complies with the requirements of chapter 618 of NRS;

14-33     10.  Whether the applicant has been disciplined or fined by

14-34  the State Contractors’ Board or another state or federal agency for

14-35  conduct that relates to the ability of the applicant to perform the

14-36  work to be required by the local government;

14-37     11.  Whether, during the 5 years immediately preceding the

14-38  date of application, the applicant has filed as a debtor under the

14-39  provisions of the United States Bankruptcy Code;

14-40     12.  Whether the application of the applicant is truthful and

14-41  complete; and

14-42     13.  Whether, during the 5 years immediately preceding the

14-43  date of application, the applicant has, as a result of causes within

14-44  the control of the applicant or a subcontractor or supplier of the

14-45  applicant, failed to perform any contract:

15-1      (a) In the manner specified by the contract and any change

15-2  orders initiated or approved by the person or governmental entity

15-3  that awarded the contract or its authorized representative;

15-4      (b) Within the time specified by the contract unless extended

15-5  by the person or governmental entity that awarded the contract or

15-6  its authorized representative; or

15-7      (c) For the amount of money specified in the contract or as

15-8  modified by any change orders initiated or approved by the person

15-9  or governmental entity that awarded the contract or its authorized

15-10  representative.

15-11  Evidence of the failures described in this subsection may include,

15-12  without limitation, the assessment of liquidated damages against

15-13  the applicant, the forfeiture of any bonds posted by the applicant,

15-14  an arbitration award granted against the applicant or a decision

15-15  by a court of law against the applicant.

15-16     Sec. 16.  NRS 338.1379 is hereby amended to read as follows:

15-17     338.1379  1.  [Except as otherwise provided in NRS 338.1383,

15-18  a person] A contractor who wishes to qualify as a bidder on a

15-19  contract for a public work must submit an application to the State

15-20  Public Works Board or the governing body.

15-21     2.  Upon receipt of an application pursuant to subsection 1, the

15-22  State Public Works Board or the governing body shall:

15-23     (a) Investigate the applicant to determine whether he is qualified

15-24  to bid on a contract; and

15-25     (b) After conducting the investigation, determine whether the

15-26  applicant is qualified to bid on a contract. The determination must

15-27  be made within [30] 45 days after receipt of the application.

15-28     3.  The State Public Works Board or the governing body shall

15-29  notify each applicant in writing of its determination. If an

15-30  application is denied, the notice must set forth the reasons for the

15-31  denial and inform the applicant of his right to a hearing pursuant to

15-32  NRS 338.1381.

15-33     4.  The State Public Works Board or the governing body [of a

15-34  local government] may determine an applicant is qualified to bid:

15-35     (a) On a specific project;

15-36     (b) On more than one project over a period of 12 months; or

15-37     (c) On more than one project over a period of 24 months.

15-38     5.  The State Public Works Board shall not use any criteria

15-39  other than criteria adopted by regulation pursuant to NRS 338.1375

15-40  in determining whether to approve or deny an application.

15-41     6.  The governing body [of a local government] shall not use

15-42  any criteria other than the criteria described in NRS 338.1377 in

15-43  determining whether to approve or deny an application.

15-44     7.  Financial information and other data pertaining to the net

15-45  worth of an applicant which is gathered by or provided to the State

16-1  Public Works Board or a governing body to determine the financial

16-2  ability of an applicant to perform a contract is confidential and not

16-3  open to public inspection.

16-4      Sec. 17.  NRS 338.1381 is hereby amended to read as follows:

16-5      338.1381  1.  If, within 10 days after receipt of the notice

16-6  denying his application[,] pursuant to NRS 338.1379, the applicant

16-7  files a written request for a hearing with the State Public Works

16-8  Board or the governing body , [of the local government,] the Board

16-9  or governing body shall set the matter for a hearing within [10] 20

16-10  days after receipt of the request. The hearing must be held not later

16-11  than [20] 45 days after the receipt of the request for a hearing.

16-12     2.  The hearing must be held at a time and place prescribed by

16-13  the Board or governing body. At least 10 days before the date set for

16-14  the hearing, the Board or governing body shall serve the applicant

16-15  with written notice of the hearing. The notice may be served by

16-16  personal delivery to the applicant or by certified mail to the last

16-17  known business or residential address of the applicant.

16-18     3.  The Board or governing body shall issue a decision [on the

16-19  matter within 5 days after] at the hearing . [and notify the applicant,

16-20  in writing, of its decision within 5 days after it is issued.] The

16-21  decision of the Board or governing body is a final decision for

16-22  purposes of judicial review.

16-23     Sec. 18.  NRS 338.1385 is hereby amended to read as follows:

16-24     338.1385  1.  Except as otherwise provided in subsection [7] 8

16-25  and NRS 338.1906 and 338.1907, this state, or the governing body

16-26  of a local government or its authorized representative that awards a

16-27  contract for [the construction, alteration or repair of] a public work

16-28  in accordance with paragraph (a) of subsection 1 of NRS 338.1373,

16-29  [or a public officer, public employee or other person responsible for

16-30  awarding a contract for the construction, alteration or repair of a

16-31  public work who represents the State or the local government, shall

16-32  not:

16-33     (a) Commence [such a project] a public work for which the

16-34  estimated cost exceeds $100,000 unless it advertises in a newspaper

16-35  [of general circulation in this state] qualified pursuant to chapter

16-36  238 of NRS that is published in the county where the public work

16-37  will be performed for bids for the [project; or] public work. If no

16-38  qualified newspaper is published in the county where the public

16-39  work will be performed, the required advertisement must be

16-40  published in some qualified newspaper that is printed in the State

16-41  of Nevada and has a general circulation in the county.

16-42     (b) Divide [such a project] a public work into separate portions

16-43  to avoid the requirements of paragraph (a).

16-44     2.  [Except as otherwise provided in subsection 7, a public body

16-45  that maintains a list of properly licensed contractors who are

17-1  interested in receiving offers to bid on public works projects for

17-2  which the estimated cost is more than $25,000 but less than

17-3  $100,000 shall solicit bids from not more than three of the

17-4  contractors on the list for a contract of that value for the

17-5  construction, alteration or repair of a public work. The public body

17-6  shall select contractors from the list in such a manner as to afford

17-7  each contractor an equal opportunity to bid on a public works

17-8  project. A properly licensed contractor must submit a written

17-9  request annually to the public body to remain on the list. Offers for

17-10  bids which are made pursuant to this subsection must be sent by

17-11  certified mail.] At least once each quarter, the authorized

17-12  representative of a public body shall report to the public body any

17-13  contract that he awarded pursuant to subsection 1 in the

17-14  immediately preceding quarter.

17-15     3.  Each advertisement for bids must include a provision that

17-16  sets forth[:

17-17     (a) The] the requirement that a contractor must be qualified

17-18  pursuant to NRS 338.1379 to bid on the contract . [or must be

17-19  exempt from meeting such qualifications pursuant to NRS

17-20  338.1383; and

17-21     (b) The period during which an application to qualify as a bidder

17-22  on the contract must be submitted.]

17-23     4.  Approved plans and specifications for the bids must be on

17-24  file at a place and time stated in the advertisement for the inspection

17-25  of all persons desiring to bid thereon and for other interested

17-26  persons. Contracts for the project must be awarded on the basis of

17-27  bids received.

17-28     5.  Except as otherwise provided in subsection 6 and NRS

17-29  338.1389, a public body shall award a contract to the lowest

17-30  responsive and responsible bidder.

17-31     6.  Any bids received in response to an advertisement for bids

17-32  may be rejected if the [person] public body or its authorized

17-33  representative responsible for awarding the contract determines

17-34  that:

17-35     (a) The bidder is not a qualified bidder pursuant to NRS

17-36  338.1379 ; [, unless the bidder is exempt from meeting such

17-37  qualifications pursuant to NRS 338.1383;]

17-38     (b) The bidder is not responsive[;] or responsible;

17-39     (c) The quality of the services, materials, equipment or labor

17-40  offered does not conform to the approved [plan] plans or

17-41  specifications; or

17-42     (d) The public interest would be served by such a rejection.

17-43     [6.  Before the State or a local government may]

17-44     7.  Before a public body may commence the performance of a

17-45  [project subject] public work itself pursuant to the provisions of

18-1  this section, based upon a determination that the public interest

18-2  would be served by rejecting any bids received in response to an

18-3  advertisement for bids, [it] the public body shall prepare and make

18-4  available for public inspection a written statement containing:

18-5      (a) A list of all persons, including supervisors, whom the [State

18-6  or the local government] public body intends to assign to the

18-7  [project,] public work, together with their classifications and an

18-8  estimate of the direct and indirect costs of their labor;

18-9      (b) A list of all equipment that the [State or the local

18-10  government] public body intends to use on the [project,] public

18-11  work, together with an estimate of the number of hours each item of

18-12  equipment will be used and the hourly cost to use each item of

18-13  equipment;

18-14     (c) An estimate of the cost of administrative support for the

18-15  persons assigned to the [project;] public work;

18-16     (d) An estimate of the total cost of the [project;] public work,

18-17  including the fair market value of or, if known, the actual cost of

18-18  all materials, supplies, labor and equipment to be used for the

18-19  public work; and

18-20     (e) An estimate of the amount of money the [State or the local

18-21  government] public body expects to save by rejecting the bids and

18-22  performing the [project itself.

18-23     7.] public work itself.

18-24     8.  This section does not apply to:

18-25     (a) Any utility subject to the provisions of chapter 318 or 710 of

18-26  NRS;

18-27     (b) Any work of construction, reconstruction, improvement and

18-28  maintenance of highways subject to NRS 408.323 or 408.327;

18-29     (c) Normal maintenance of the property of a school district;

18-30     (d) The Las Vegas Valley Water District created pursuant to

18-31  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

18-32  District created pursuant to chapter 477, Statutes of Nevada 1983 or

18-33  the Virgin Valley Water District created pursuant to chapter 100,

18-34  Statutes of Nevada 1993; or

18-35     (e) The design and construction of a public work for which a

18-36  public body contracts with a design-build team pursuant to NRS

18-37  338.1711 to 338.1727.

18-38     Sec. 19.  NRS 338.1385 is hereby amended to read as follows:

18-39     338.1385  1.  Except as otherwise provided in subsection 8,

18-40  this state, or the governing body of a local government or its

18-41  authorized representative that awards a contract for [the

18-42  construction, alteration or repair of] a public work in accordance

18-43  with paragraph (a) of subsection 1 of NRS 338.1373, [or a public

18-44  officer, public employee or other person responsible for awarding a

19-1  contract for the construction, alteration or repair of a public work

19-2  who represents the State or the local government,] shall not:

19-3      (a) Commence [such a project] a public work for which the

19-4  estimated cost exceeds $100,000 unless it advertises in a newspaper

19-5  [of general circulation in this state] qualified pursuant to chapter

19-6  238 of NRS that is published in the county where the public work

19-7  will be performed for bids for the [project; or] public work. If no

19-8  qualified newspaper is published in the county where the public

19-9  work will be performed, the required advertisement must be

19-10  published in some qualified newspaper that is printed in the State

19-11  of Nevada and having a general circulation within the county.

19-12     (b) Divide [such a project] a public work into separate portions

19-13  to avoid the requirements of paragraph (a).

19-14     2.  [Except as otherwise provided in subsection 8, a public body

19-15  that maintains a list of properly licensed contractors who are

19-16  interested in receiving offers to bid on public works projects for

19-17  which the estimated cost is more than $25,000 but less than

19-18  $100,000 shall solicit bids from not more than three of the

19-19  contractors on the list for a contract of that value for the

19-20  construction, alteration or repair of a public work. The public body

19-21  shall select contractors from the list in such a manner as to afford

19-22  each contractor an equal opportunity to bid on a public works

19-23  project. A properly licensed contractor must submit a written

19-24  request annually to the public body to remain on the list. Offers for

19-25  bids which are made pursuant to this subsection must be sent by

19-26  certified mail.] At least once each quarter, the authorized

19-27  representative of a public body shall report to the public body any

19-28  contract that he awarded pursuant to subsection 1 in the

19-29  immediately preceding quarter.

19-30     3.  Each advertisement for bids must include a provision that

19-31  sets forth[:

19-32     (a) The] the requirement that a contractor must be qualified

19-33  pursuant to NRS 338.1379 to bid on the contract . [or must be

19-34  exempt from meeting such qualifications pursuant to NRS

19-35  338.1383; and

19-36     (b) The period during which an application to qualify as a bidder

19-37  on the contract must be submitted.]

19-38     4.  Approved plans and specifications for the bids must be on

19-39  file at a place and time stated in the advertisement for the inspection

19-40  of all persons desiring to bid thereon and for other interested

19-41  persons. Contracts for the project must be awarded on the basis of

19-42  bids received.

19-43     5.  Except as otherwise provided in subsection 6 and NRS

19-44  338.1389, a public body shall award a contract to the lowest

19-45  responsive and responsible bidder.

20-1      6.  Any bids received in response to an advertisement for bids

20-2  may be rejected if the [person] public body or its authorized

20-3  representative responsible for awarding the contract determines

20-4  that:

20-5      (a) The bidder is not a qualified bidder pursuant to NRS

20-6  338.1379 ; [, unless the bidder is exempt from meeting such

20-7  qualifications pursuant to NRS 338.1383;]

20-8      (b) The bidder is not responsive[;] or responsible;

20-9      (c) The quality of the services, materials, equipment or labor

20-10  offered does not conform to the approved [plan] plans or

20-11  specifications; or

20-12     (d) The public interest would be served by such a rejection.

20-13     [6.  Before the State or a local government]

20-14     7.  Before a public body may commence the performance of a

20-15  [project subject] public work itself pursuant to the provisions of

20-16  this section, based upon a determination that the public interest

20-17  would be served by rejecting any bids received in response to an

20-18  advertisement for bids, [it] the public body shall prepare and make

20-19  available for public inspection a written statement containing:

20-20     (a) A list of all persons, including supervisors, whom the [State

20-21  or the local government] public body intends to assign to the

20-22  [project,] public work, together with their classifications and an

20-23  estimate of the direct and indirect costs of their labor;

20-24     (b) A list of all equipment that the [State or the local

20-25  government] public body intends to use on the [project,] public

20-26  work, together with an estimate of the number of hours each item of

20-27  equipment will be used and the hourly cost to use each item of

20-28  equipment;

20-29     (c) An estimate of the cost of administrative support for the

20-30  persons assigned to the [project;]

20-31  public work;

20-32     (d) An estimate of the total cost of the [project;] public work,

20-33  including, the fair market value of or, if known, the actual cost of

20-34  all materials, supplies, labor and equipment to be used for the

20-35  public work; and

20-36     (e) An estimate of the amount of money the [State or the local

20-37  government] public body expects to save by rejecting the bids and

20-38  performing the [project itself.

20-39     7.  In preparing the estimated cost of a project pursuant to

20-40  subsection 6, the State or a local government must include the fair

20-41  market value of, or, if known, the actual cost of, all materials,

20-42  supplies, labor and equipment to be used for the project.] public

20-43  work itself.

20-44     8.  This section does not apply to:

21-1      (a) Any utility subject to the provisions of chapter 318 or 710 of

21-2  NRS;

21-3      (b) Any work of construction, reconstruction, improvement and

21-4  maintenance of highways subject to NRS 408.323 or 408.327;

21-5      (c) Normal maintenance of the property of a school district; or

21-6      (d) The Las Vegas Valley Water District created pursuant to

21-7  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

21-8  District created pursuant to chapter 477, Statutes of Nevada 1983 or

21-9  the Virgin Valley Water District created pursuant to chapter 100,

21-10  Statutes of Nevada 1993; or

21-11     (e) The design and construction of a public work for which a

21-12  public body contracts with a design-build team pursuant to NRS

21-13  338.1711 to 338.1727, inclusive.

21-14     Sec. 20.  NRS 338.1387 is hereby amended to read as follows:

21-15     338.1387  1.  A public body or its authorized representative

21-16  awarding a contract for a public work shall not award the contract to

21-17  a person who, at the time of the bid, is not properly licensed under

21-18  the provisions of chapter 624 of NRS or if the contract would

21-19  exceed the limit of his license. A subcontractor [named by the

21-20  contractor] who is [not] :

21-21     (a) Named in the bid for the contract as a subcontractor who

21-22  will provide a portion of the work on the public work pursuant to

21-23  NRS 338.141; and

21-24     (b) Not properly licensed for that portion of the work ,

21-25  shall be deemed unacceptable. If the subcontractor is deemed

21-26  unacceptable[,] pursuant to this subsection, the contractor shall

21-27  provide an acceptable subcontractor . [before the award of the

21-28  contract.]

21-29     2.  If, after awarding the contract, but before commencement of

21-30  the work, the public body or its authorized representative discovers

21-31  that the person to whom the contract was awarded is not licensed, or

21-32  that the contract would exceed his license, the public body or its

21-33  authorized representative shall [reject the bid] rescind the award of

21-34  the contract and may accept the next lowest bid for that public work

21-35  from a responsive bidder who was determined by the public body or

21-36  its authorized representative to be a qualified bidder pursuant to

21-37  NRS 338.1379 [or was exempt from meeting such qualifications

21-38  pursuant to NRS 338.1373 or 338.1383] without requiring that new

21-39  bids be submitted.

21-40     Sec. 21.  NRS 338.1389 is hereby amended to read as follows:

21-41     338.1389  1.  Except as otherwise provided in subsection 10

21-42  and NRS 338.1385 , [and 338.1711 to 338.1727, inclusive,] a public

21-43  body or its authorized representative shall award a contract for a

21-44  public work for which the estimated cost exceeds $250,000 to the

21-45  contractor who submits the best bid.

22-1      2.  Except as otherwise provided in subsection 10 or limited by

22-2  subsection 11, [for the purposes of this section, a contractor who:

22-3      (a) Has] the lowest bid that is:

22-4      (a) Submitted by a responsive and responsible contractor who:

22-5          (1) Has been determined by the public body to be a qualified

22-6  bidder pursuant to NRS 338.1379 [or is exempt from meeting such

22-7  requirements pursuant to NRS 338.1373 or 338.1383; and

22-8      (b) At the time he submits his bid, provides to the public body a

22-9  copy of] ; and

22-10         (2) At the time he submits his bid, has a valid certificate of

22-11  eligibility to receive a preference in bidding on public works issued

22-12  to [him] the contractor by the State Contractors’ Board pursuant to

22-13  subsection 3 or 4[,

22-14  shall be deemed to have submitted a better bid than a competing

22-15  contractor who has not provided a copy of such a valid certificate of

22-16  eligibility if the amount of his bid is not] ; and

22-17     (b) Not more than 5 percent higher than the [amount] bid

22-18  submitted by the [competing contractor.] lowest responsive and

22-19  responsible bidder who does not have, at the time he submits his

22-20  bid, a valid certificate of eligibility to receive a preference in

22-21  bidding on public works issued to him by the State Contractors’

22-22  Board pursuant to subsection 3 or 4,

22-23  shall be deemed to be the best bid for the purposes of this section.

22-24     3.  The State Contractors’ Board shall issue a certificate of

22-25  eligibility to receive a preference in bidding on public works to a

22-26  general contractor who is licensed pursuant to the provisions of

22-27  chapter 624 of NRS and submits to the Board an affidavit from a

22-28  certified public accountant setting forth that the general contractor

22-29  has, while licensed as a general contractor in this state:

22-30     (a) Paid directly, on his own behalf:

22-31         (1) The sales and use taxes imposed pursuant to chapters

22-32  372, 374 and 377 of NRS on materials used for construction in this

22-33  state, including, without limitation, construction that is undertaken

22-34  or carried out on land within the boundaries of this state that is

22-35  managed by the Federal Government or is on an Indian reservation

22-36  or Indian colony, of not less than $5,000 for each consecutive

22-37  12-month period for 60 months immediately preceding the

22-38  submission of the affidavit from the certified public accountant;

22-39         (2) The governmental services tax imposed pursuant to

22-40  chapter 371 of NRS on the vehicles used in the operation of his

22-41  business in this state of not less than $5,000 for each consecutive

22-42  12-month period for 60 months immediately preceding the

22-43  submission of the affidavit from the certified public accountant; or

22-44         (3) Any combination of such sales and use taxes and

22-45  governmental services tax; or

23-1      (b) Acquired, by purchase, inheritance, gift or transfer through a

23-2  stock option plan, all the assets and liabilities of a viable, operating

23-3  construction firm that possesses a:

23-4          (1) License as a general contractor pursuant to the provisions

23-5  of chapter 624 of NRS; and

23-6          (2) Certificate of eligibility to receive a preference in bidding

23-7  on public works.

23-8      4.  The State Contractors’ Board shall issue a certificate of

23-9  eligibility to receive a preference in bidding on public works to a

23-10  specialty contractor who is licensed pursuant to the provisions of

23-11  chapter 624 of NRS and submits to the Board an affidavit from a

23-12  certified public accountant setting forth that the specialty contractor

23-13  has, while licensed as a specialty contractor in this state:

23-14     (a) Paid directly, on his own behalf:

23-15         (1) The sales and use taxes pursuant to chapters 372, 374 and

23-16  377 of NRS on materials used for construction in this state,

23-17  including, without limitation, construction that is undertaken or

23-18  carried out on land within the boundaries of this state that is

23-19  managed by the Federal Government or is on an Indian reservation

23-20  or Indian colony, of not less than $5,000 for each consecutive

23-21  12-month period for 60 months immediately preceding the

23-22  submission of the affidavit from the certified public accountant;

23-23         (2) The governmental services tax imposed pursuant to

23-24  chapter 371 of NRS on the vehicles used in the operation of his

23-25  business in this state of not less than $5,000 for each consecutive

23-26  12-month period for 60 months immediately preceding the

23-27  submission of the affidavit from the certified public accountant; or

23-28         (3) Any combination of such sales and use taxes and

23-29  governmental services tax; or

23-30     (b) Acquired, by purchase, inheritance, gift or transfer through a

23-31  stock option plan, all the assets and liabilities of a viable, operating

23-32  construction firm that possesses a:

23-33         (1) License as a specialty contractor pursuant to the

23-34  provisions of chapter 624 of NRS; and

23-35         (2) Certificate of eligibility to receive a preference in bidding

23-36  on public works.

23-37     5.  For the purposes of complying with the requirements set

23-38  forth in paragraph (a) of subsection 3 and paragraph (a) of

23-39  subsection 4, a contractor shall be deemed to have paid:

23-40     (a) Sales and use taxes and governmental services taxes that

23-41  were paid in this state by an affiliate or parent company of the

23-42  contractor, if the affiliate or parent company is also a general

23-43  contractor or specialty contractor, as applicable; and

24-1      (b) Sales and use taxes that were paid in this state by a joint

24-2  venture in which the contractor is a participant, in proportion to the

24-3  amount of interest the contractor has in the joint venture.

24-4      6.  A contractor who has received a certificate of eligibility to

24-5  receive a preference in bidding on public works from the State

24-6  Contractors’ Board pursuant to subsection 3 or 4 shall, at the time

24-7  for the annual renewal of his contractor’s license pursuant to NRS

24-8  624.283, submit to the Board an affidavit from a certified public

24-9  accountant setting forth that the contractor has, during the

24-10  immediately preceding 12 months, paid the taxes required pursuant

24-11  to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as

24-12  applicable, to maintain his eligibility to hold such a certificate.

24-13     7.  A contractor who fails to submit an affidavit to the Board

24-14  pursuant to subsection 6 ceases to be eligible to receive a preference

24-15  in bidding on public works unless he reapplies for and receives a

24-16  certificate of eligibility pursuant to subsection 3 or 4, as applicable.

24-17     8.  If a contractor holds more than one contractor’s license, he

24-18  must submit a separate application for each license pursuant to

24-19  which he wishes to qualify for a preference in bidding. Upon

24-20  issuance, the certificate of eligibility to receive a preference in

24-21  bidding on public works becomes part of the contractor’s license for

24-22  which the contractor submitted the application.

24-23     9.  If a contractor who applies to the State Contractors’ Board

24-24  for a certificate of eligibility to receive a preference in bidding on

24-25  public works submits false information to the Board regarding the

24-26  required payment of taxes, the contractor is not eligible to receive a

24-27  preference in bidding on public works for a period of 5 years after

24-28  the date on which the Board becomes aware of the submission of the

24-29  false information.

24-30     10.  If any federal statute or regulation precludes the granting of

24-31  federal assistance or reduces the amount of that assistance for a

24-32  particular public work because of the provisions of subsection 2,

24-33  those provisions do not apply insofar as their application would

24-34  preclude or reduce federal assistance for that work. [The provisions

24-35  of subsection 2 do not apply to any contract for a public work which

24-36  is expected to cost less than $250,000.]

24-37     11.  If a bid is submitted by two or more contractors as a joint

24-38  venture or by one of them as a joint venturer, the [provisions of

24-39  subsection 2 apply] bid may be deemed the best bid only if both or

24-40  all of the joint venturers separately meet the requirements of [that

24-41  subsection.] subsection 2.

24-42     12.  The State Contractors’ Board shall adopt regulations and

24-43  may assess reasonable fees relating to the certification of contractors

24-44  for a preference in bidding on public works.

25-1      13.  A person or entity who believes that a contractor

25-2  wrongfully holds a certificate of eligibility to receive a preference in

25-3  bidding on public works may challenge the validity of the certificate

25-4  by filing a written objection with the public body to which the

25-5  contractor has submitted a bid [or proposal] on a contract for the

25-6  construction of a public work. A written objection authorized

25-7  pursuant to this subsection must:

25-8      (a) Set forth proof or substantiating evidence to support the

25-9  belief of the person or entity that the contractor wrongfully holds a

25-10  certificate of eligibility to receive a preference in bidding on public

25-11  works; and

25-12     (b) Be filed with the public body [at or after the time at which

25-13  the contractor submitted the bid or proposal to the public body and

25-14  before the time at which the public body awards the contract for

25-15  which the bid or proposal was submitted.] not later than 3 business

25-16  days after the opening of the bids by the public body or its

25-17  authorized representative.

25-18     14.  If a public body receives a written objection pursuant to

25-19  subsection 13, the public body shall determine whether the objection

25-20  is accompanied by the proof or substantiating evidence required

25-21  pursuant to paragraph (a) of that subsection. If the public body

25-22  determines that the objection is not accompanied by the required

25-23  proof or substantiating evidence, the public body shall dismiss the

25-24  objection and the public body or its authorized representative may

25-25  proceed immediately to award the contract. If the public body

25-26  determines that the objection is accompanied by the required proof

25-27  or substantiating evidence, the public body shall determine whether

25-28  the contractor qualifies for the certificate pursuant to the provisions

25-29  of this section and the public body or its authorized representative

25-30  may proceed to award the contract accordingly.

25-31     Sec. 22.  NRS 338.139 is hereby amended to read as follows:

25-32     338.139  1.  A public body or its authorized representative

25-33  may award a contract for [the construction, alteration or repair of] a

25-34  public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a

25-35  specialty contractor if:

25-36     (a) The majority of the work to be performed on the [project]

25-37  public work to which the contract pertains consists of specialty

25-38  contracting for which the specialty contractor is licensed; and

25-39     (b) The [project] public work to which the contract pertains is

25-40  not part of a larger public work.

25-41     2.  If a public body or its authorized representative awards a

25-42  contract to a specialty contractor pursuant to NRS 338.1375 to

25-43  338.1389, inclusive, all work to be performed on the [project] public

25-44  work to which the contract pertains that is outside the scope of the

26-1  license of the specialty contractor must be performed by a

26-2  subcontractor who is licensed to perform such work.

26-3      Sec. 23.  NRS 338.140 is hereby amended to read as follows:

26-4      338.140  1.  [An agency of this state, a political subdivision,

26-5  municipal corporation or district, a public officer or a person

26-6  charged with the letting of contracts for the construction, alteration

26-7  or repair of public works] A public body shall not draft or cause to

26-8  be drafted specifications for bids, in connection with [the

26-9  construction, alteration or repair of public works:]

26-10  a public work:

26-11     (a) In such a manner as to limit the bidding, directly or

26-12  indirectly, to any one specific concern.

26-13     (b) Except in those instances where the product is designated to

26-14  match others in use on a particular public improvement either

26-15  completed or in the course of completion, calling for a designated

26-16  material, product, thing or service by specific brand or trade name

26-17  unless the specification lists at least two brands or trade names of

26-18  comparable quality or utility and is followed by the words “or

26-19  equal” so that bidders may furnish any equal material, product, thing

26-20  or service.

26-21     (c) In such a manner as to hold the bidder to whom such

26-22  contract is awarded responsible for extra costs incurred as a result of

26-23  errors or omissions by the public [agency] body in the contract

26-24  documents.

26-25     (d) In such a manner as to require a bidder to furnish to the

26-26  public [agency,] body, whether before or after the bid is submitted,

26-27  documents generated in the preparation or determination of prices

26-28  included in the bid, except when requested by the public [agency]

26-29  body for:

26-30         (1) A determination of the price of additional work

26-31  performed pursuant to a change order;

26-32         (2) An evaluation of claims for costs incurred for the

26-33  performance of additional work;

26-34         (3) Preparation for arbitration or litigation; or

26-35         (4) Any combination thereof.

26-36  A document furnished to a public [agency] body pursuant to this

26-37  paragraph is confidential and must be returned to the bidder.

26-38     2.  In those cases involving a unique or novel product

26-39  application required to be used in the public interest, or where only

26-40  one brand or trade name is known to the [specifying agency,] public

26-41  body, it may list only one.

26-42     3.  Specifications must provide a period of time of at least 7

26-43  days after award of the contract for submission of data

26-44  substantiating a request for a substitution of “an equal” item.

 

27-1      Sec. 24.  NRS 338.141 is hereby amended to read as follows:

27-2      338.141  1.  [Except as otherwise provided in subsection 2,

27-3  each] Each bid submitted to [any officer, department, board or

27-4  commission for the construction of] a public body for any public

27-5  work [or improvement] to which paragraph (a) of subsection 1 of

27-6  NRS 338.1385 or paragraph (a) of subsection 1 of NRS 338.143

27-7  applies, must include:

27-8      (a) [The] If the public body provides a list of the labor or

27-9  portions of the public work which are estimated by the public body

27-10  to exceed 3 percent of the estimated cost of the public work, the

27-11  name of each subcontractor who will provide such labor or

27-12  portion of the work on the public work which is estimated to

27-13  exceed 3 percent of the estimated cost of the public work; or

27-14     (b) If the public body does not provide a list of the labor or

27-15  portions of the public work which are estimated by the public body

27-16  to exceed 3 percent of the estimated cost of the public work, the

27-17  name of each subcontractor who will provide labor or a portion of

27-18  the work [or improvement] on the public work to the prime

27-19  contractor for which [he] the subcontractor will be paid an amount

27-20  exceeding 5 percent of the prime contractor’s total bid. [Within] If

27-21  the bid is submitted pursuant to this paragraph, within 2 hours

27-22  after the completion of the opening of the bids, the contractors who

27-23  submitted the three lowest bids must submit a list containing the

27-24  name of each subcontractor who will provide labor or a portion of

27-25  the work [or improvement] on the public work to the prime

27-26  contractor for which [he] the subcontractor will be paid an amount

27-27  exceeding 1 percent of the prime contractor’s total bid or $50,000,

27-28  whichever is greater, and the number of the license issued to the

27-29  subcontractor pursuant to chapter 624 of NRS. [If a contractor fails

27-30  to submit such a list within the required time, his bid shall be

27-31  deemed not responsive.

27-32     b) A description of the portion of the work or improvement

27-33  which each subcontractor named in the bid will complete.

27-34     2.  The contractor shall list in his bid pursuant to subsection 1

27-35  the name of a subcontractor for each portion of the project that will

27-36  be completed by a subcontractor.]

27-37     2.  The lists required by subsection 1 must include a

27-38  description of the labor or portion of the work which each

27-39  subcontractor named in the list will provide to the prime

27-40  contractor.

27-41     3.  A prime contractor shall include his name on a list

27-42  required by paragraph (a) of subsection 1 if he will perform any of

27-43  the work required to be listed pursuant to paragraph (a) of

27-44  subsection 1.

28-1      4.  If a prime contractor does not submit a list required by

28-2  subsection 1, his bid shall be deemed not responsive.

28-3      5.  A contractor whose bid is accepted shall not substitute a

28-4  subcontractor for any [person for a] subcontractor who is named in

28-5  the bid, unless:

28-6      (a) The [awarding authority] public body or its authorized

28-7  representative objects to the subcontractor, requests in writing a

28-8  change in the subcontractor and pays any increase in costs resulting

28-9  from the change; or

28-10     (b) The substitution is approved by the [awarding authority or

28-11  an] public body or its authorized representative . [of the awarding

28-12  authority.] The substitution must be approved if the [awarding

28-13  authority] public body or its authorized representative [of the

28-14  awarding authority] determines that:

28-15         (1) The named subcontractor, after having a reasonable

28-16  opportunity, fails or refuses to execute a written contract with the

28-17  contractor which was offered to the named subcontractor with the

28-18  same general terms that all other subcontractors on the project were

28-19  offered;

28-20         (2) The named subcontractor files for bankruptcy or becomes

28-21  insolvent; [or]

28-22         (3) The named subcontractor fails or refuses to perform his

28-23  subcontract within a reasonable time or is unable to furnish a

28-24  performance bond and payment bond pursuant to NRS 339.025[.

28-25     4.] ; or

28-26         (4) The named subcontractor is not properly licensed to

28-27  provide that labor or portion of the work.

28-28     6.  If a contractor indicates pursuant to subsection 1 that he

28-29  will perform a portion of work on the public work and thereafter

28-30  requests to substitute a subcontractor to perform such work, the

28-31  contractor shall provide to the public body a written explanation in

28-32  the form required by the public body which contains the reasons

28-33  that:

28-34     (a) A subcontractor was not originally contemplated to be used

28-35  on that portion of the public work; and

28-36     (b) The substitution is in the best interest of the public body.

28-37     7.  As used in this section, “general terms” means the terms and

28-38  conditions of a contract that set the basic requirements for a

28-39  [project] public work and apply without regard to the particular

28-40  trade or specialty of a subcontractor, but does not include any

28-41  provision that controls or relates to the specific portion of the

28-42  [project] public work that will be completed by a subcontractor,

28-43  including, without limitation, the materials to be used by the

28-44  subcontractor or other details of the work to be performed by the

28-45  subcontractor.

29-1      Sec. 25.  NRS 338.143 is hereby amended to read as follows:

29-2      338.143  1.  Except as otherwise provided in subsection [6] 7

29-3  and NRS 338.1907, a local government or its authorized

29-4  representative that awards a contract for [the construction, alteration

29-5  or repair of] a public work in accordance with paragraph (b) of

29-6  subsection 1 of NRS 338.1373[, or a public officer, public

29-7  employee or other person responsible for awarding a contract for the

29-8  construction, alteration or repair of a public work who represents

29-9  that local government,] shall not:

29-10     (a) Commence [such a project] a public work for which the

29-11  estimated cost exceeds $100,000 unless it advertises in a newspaper

29-12  [of general circulation in this state] qualified pursuant to chapter

29-13  238 of NRS that is published in the county where the project will

29-14  be performed for bids for the [project; or] public work. If no

29-15  qualified newspaper is published in the county where the public

29-16  work will be performed, the required advertisement must be

29-17  published in some qualified newspaper that is printed in the State

29-18  of Nevada and has a general circulation in the county.

29-19     (b) Divide [such a project] a public work into separate portions

29-20  to avoid the requirements of paragraph (a).

29-21     2.  [Except as otherwise provided in subsection 6, a local

29-22  government that maintains a list of properly licensed contractors

29-23  who are interested in receiving offers to bid on public works

29-24  projects for which the estimated cost is more than $25,000 but less

29-25  than $100,000 shall solicit bids from not more than three of the

29-26  contractors on the list for a contract of that value for the

29-27  construction, alteration or repair of a public work. The local

29-28  government shall select contractors from the list in such a manner as

29-29  to afford each contractor an equal opportunity to bid on a public

29-30  works project. A properly licensed contractor must submit a written

29-31  request annually to the local government to remain on the list.

29-32  Offers for bids which are made pursuant to this subsection must be

29-33  sent by certified mail.] At least once each quarter, the authorized

29-34  representative of a local government shall report to the local

29-35  government any contract that he awarded pursuant to subsection 1

29-36  in the immediately preceding quarter.

29-37     3.  Approved plans and specifications for the bids must be on

29-38  file at a place and time stated in the advertisement for the inspection

29-39  of all persons desiring to bid thereon and for other interested

29-40  persons. Contracts for the project must be awarded on the basis of

29-41  bids received.

29-42     4.  Except as otherwise provided in subsection 5 and NRS

29-43  338.147, the local government or its authorized representative

29-44  shall award a contract to the lowest responsive and responsible

29-45  bidder.

30-1      5.  Any bids received in response to an advertisement for bids

30-2  may be rejected if the [person] local government or its authorized

30-3  representative responsible for awarding the contract determines

30-4  that:

30-5      (a) The bidder is not responsive or responsible;

30-6      (b) The quality of the services, materials, equipment or labor

30-7  offered does not conform to the approved [plan] plans or

30-8  specifications; or

30-9      (c) The public interest would be served by such a rejection.

30-10     [5.] 6.  Before a local government may commence the

30-11  performance of a [project subject] public work itself pursuant to

30-12  the provisions of this section, based upon a determination that the

30-13  public interest would be served by rejecting any bids received in

30-14  response to an advertisement for bids, [it] the local government

30-15  shall prepare and make available for public inspection a written

30-16  statement containing:

30-17     (a) A list of all persons, including supervisors, whom the local

30-18  government intends to assign to the [project,] public work, together

30-19  with their classifications and an estimate of the direct and indirect

30-20  costs of their labor;

30-21     (b) A list of all equipment that the local government intends to

30-22  use on the [project,] public work, together with an estimate of the

30-23  number of hours each item of equipment will be used and the hourly

30-24  cost to use each item of equipment;

30-25     (c) An estimate of the cost of administrative support for the

30-26  persons assigned to the [project;] public work;

30-27     (d) An estimate of the total cost of the [project;] public work,

30-28  including the fair market value of or, if known, the actual cost of

30-29  all materials, supplies, labor and equipment to be used for the

30-30  public work; and

30-31     (e) An estimate of the amount of money the local government

30-32  expects to save by rejecting the bids and performing the [project

30-33  itself.

30-34     6.] public work itself.

30-35     7.  This section does not apply to:

30-36     (a) Any utility subject to the provisions of chapter 318 or 710 of

30-37  NRS;

30-38     (b) Any work of construction, reconstruction, improvement and

30-39  maintenance of highways subject to NRS 408.323 or 408.327;

30-40     (c) Normal maintenance of the property of a school district;

30-41     (d) The Las Vegas Valley Water District created pursuant to

30-42  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

30-43  District created pursuant to chapter 477, Statutes of Nevada 1983 or

30-44  the Virgin Valley Water District created pursuant to chapter 100,

30-45  Statutes of Nevada 1993; or

31-1      (e) The design and construction of a public work for which a

31-2  public body contracts with a design-build team pursuant to NRS

31-3  338.1711 to 338.1727, inclusive.

31-4      Sec. 26.  NRS 338.143 is hereby amended to read as follows:

31-5      338.143  1.  Except as otherwise provided in subsection 7, a

31-6  local government or its authorized representative that awards a

31-7  contract for [the construction, alteration or repair of] a public work

31-8  in accordance with paragraph (b) of subsection 1 of NRS 338.1373

31-9  [, or a public officer, public employee or other person responsible

31-10  for awarding a contract for the construction, alteration or repair of a

31-11  public work who represents that local government,] shall not:

31-12     (a) Commence [such a project] a public work for which the

31-13  estimated cost exceeds $100,000 unless it advertises in a newspaper

31-14  [of general circulation in this state] qualified pursuant to chapter

31-15  238 or NRS that is published in the county where the public work

31-16  will be performed for bids for the [project; or] public work. If no

31-17  qualified newspaper is published within the county where the

31-18  public work will be performed, the required advertisement must be

31-19  published in some qualified newspaper that is printed in the State

31-20  of Nevada and has a general circulation within the county.

31-21     (b) Divide [such a project] a public work into separate portions

31-22  to avoid the requirements of paragraph (a).

31-23     2.  [Except as otherwise provided in subsection 7, a local

31-24  government that maintains a list of properly licensed contractors

31-25  who are interested in receiving offers to bid on public works

31-26  projects for which the estimated cost is more than $25,000 but less

31-27  than $100,000 shall solicit bids from not more than three of the

31-28  contractors on the list for a contract of that value for the

31-29  construction, alteration or repair of a public work. The local

31-30  government shall select contractors from the list in such a manner as

31-31  to afford each contractor an equal opportunity to bid on a public

31-32  works project. A properly licensed contractor must submit a written

31-33  request annually to the local government to remain on the list.

31-34  Offers for bids which are made pursuant to this subsection must be

31-35  sent by certified mail.] At least once each quarter, the authorized

31-36  representative of a local government shall report to the local

31-37  government any contract that he awarded pursuant to subsection 1

31-38  in the immediately preceding quarter.

31-39     3.  Approved plans and specifications for the bids must be on

31-40  file at a place and time stated in the advertisement for the inspection

31-41  of all persons desiring to bid thereon and for other interested

31-42  persons. Contracts for the project must be awarded on the basis of

31-43  bids received.

31-44     4. Except as otherwise provided in subsection 5 and NRS

31-45  338.147, the local government or its authorized representative

32-1  shall award a contract to the lowest responsive and responsible

32-2  bidder.

32-3      5.  Any bids received in response to an advertisement for bids

32-4  may be rejected if the [person] local government or its authorized

32-5  representative responsible for awarding the contract determines

32-6  that:

32-7      (a) The bidder is not responsive or responsible;

32-8      (b) The quality of the services, materials, equipment or labor

32-9  offered does not conform to the approved [plan] plans or

32-10  specifications; or

32-11     (c) The public interest would be served by such a rejection.

32-12     [5.] 6.  Before a local government may commence the

32-13  performance of a [project subject] public work itself pursuant to

32-14  the provisions of this section, based upon a determination that the

32-15  public interest would be served by rejecting any bids received in

32-16  response to an advertisement for bids, [it] the local government

32-17  shall prepare and make available for public inspection a written

32-18  statement containing:

32-19     (a) A list of all persons, including supervisors, whom the local

32-20  government intends to assign to the [project,] public work, together

32-21  with their classifications and an estimate of the direct and indirect

32-22  costs of their labor;

32-23     (b) A list of all equipment that the local government intends to

32-24  use on the [project,] public work, together with an estimate of the

32-25  number of hours each item of equipment will be used and the hourly

32-26  cost to use each item of equipment;

32-27     (c) An estimate of the cost of administrative support for the

32-28  persons assigned to the [project;] public work;

32-29     (d) An estimate of the total cost of the [project;] public work,

32-30  including the fair market value of or, if known, the actual cost of,

32-31  all materials, supplies, labor and equipment to be used for the

32-32  public work; and

32-33     (e) An estimate of the amount of money the local government

32-34  expects to save by rejecting the bids and performing the [project

32-35  itself.

32-36     6.  In preparing the estimated cost of a project pursuant to

32-37  subsection 5, a local government must include the fair market value

32-38  of, or, if known, the actual cost of, all materials, supplies, labor and

32-39  equipment to be used for the project.] public work itself.

32-40     7.  This section does not apply to:

32-41     (a) Any utility subject to the provisions of chapter 318 or 710 of

32-42  NRS;

32-43     (b) Any work of construction, reconstruction, improvement and

32-44  maintenance of highways subject to NRS 408.323 or 408.327;

32-45     (c) Normal maintenance of the property of a school district;

33-1      (d) The Las Vegas Valley Water District created pursuant to

33-2  chapter 167, Statutes of Nevada 1947, the Moapa Valley Water

33-3  District created pursuant to chapter 477, Statutes of Nevada 1983 or

33-4  the Virgin Valley Water District created pursuant to chapter 100,

33-5  Statutes of Nevada 1993; or

33-6      (e) The design and construction of a public work for which a

33-7  public body contracts with a design-build team pursuant to NRS

33-8  338.1711 to 338.1727, inclusive.

33-9      Sec. 27.  NRS 338.145 is hereby amended to read as follows:

33-10     338.145  1.  A local government or its authorized

33-11  representative awarding a contract for a public work shall not award

33-12  the contract to a person who, at the time of the bid, is not properly

33-13  licensed under the provisions of chapter 624 of NRS or if the

33-14  contract would exceed the limit of his license. A subcontractor

33-15  [named by the contractor] who is [not] :

33-16     (a) Named in the bid for the contract as a subcontractor who

33-17  will provide a portion of the work on the public work pursuant to

33-18  NRS 338.141; and

33-19     (b) Not properly licensed for that portion of the work ,

33-20  shall be deemed unacceptable. If the subcontractor is deemed

33-21  unacceptable[,] pursuant to this subsection, the contractor shall

33-22  provide an acceptable subcontractor . [before the award of the

33-23  contract.]

33-24     2.  If, after awarding the contract, but before commencement of

33-25  the work, the local government or its authorized representative

33-26  discovers that the person to whom the contract was awarded is not

33-27  licensed, or that the contract would exceed his license, the local

33-28  government or its authorized representative shall [reject the bid]

33-29  rescind the award of the contract and may accept the next lowest

33-30  bid for that public work from a responsive and responsible bidder

33-31  without requiring that new bids be submitted.

33-32     Sec. 28.  NRS 338.147 is hereby amended to read as follows:

33-33     338.147  1.  Except as otherwise provided in subsection 10

33-34  and NRS 338.143 , [and 338.1711 to 338.1727, inclusive,] a local

33-35  government or its authorized representative shall award a contract

33-36  for a public work for which the estimated cost exceeds $250,000 to

33-37  the contractor who submits the best bid.

33-38     2.  Except as otherwise provided in subsection 10 or limited by

33-39  subsection 11, [for the purposes of this section, a contractor who:

33-40     (a) Has] the lowest bid that is:

33-41     (a) Submitted by a contractor who:

33-42         (1) Has been found to be a responsible and responsive

33-43  contractor by the local government [; and

33-44     (b) At the time he submits his bid, provides to the local

33-45  government a copy of] or its authorized representative; and

34-1          (2) At the time he submits his bid, has a valid certificate of

34-2  eligibility to receive a preference in bidding on public works issued

34-3  to [him] the contractor by the State Contractors’ Board pursuant to

34-4  subsection 3 or 4[,

34-5  shall be deemed to have submitted a better bid than a competing

34-6  contractor who has not provided a copy of such a valid certificate of

34-7  eligibility if the amount of his bid is not] ; and

34-8      (b) Not more than 5 percent higher than the [amount bid] bid

34-9  submitted by the [competing contractor.] lowest responsive and

34-10  responsible bidder who does not have, at the time he submits the

34-11  bid, a valid certificate of eligibility to receive a preference in

34-12  bidding on public works issued to him by the State Contractors’

34-13  Board pursuant to subsection 3 or 4,

34-14  shall be deemed to be the best bid for the purposes of this section.

34-15     3.  The State Contractors’ Board shall issue a certificate of

34-16  eligibility to receive a preference in bidding on public works to a

34-17  general contractor who is licensed pursuant to the provisions of

34-18  chapter 624 of NRS and submits to the Board an affidavit from a

34-19  certified public accountant setting forth that the general contractor

34-20  has, while licensed as a general contractor in this state:

34-21     (a) Paid directly, on his own behalf:

34-22         (1) The sales and use taxes imposed pursuant to chapters

34-23  372, 374 and 377 of NRS on materials used for construction in this

34-24  state, including, without limitation, construction that is undertaken

34-25  or carried out on land within the boundaries of this state that is

34-26  managed by the Federal Government or is on an Indian reservation

34-27  or Indian colony, of not less than $5,000 for each consecutive

34-28  12-month period for 60 months immediately preceding the

34-29  submission of the affidavit from the certified public accountant;

34-30         (2) The governmental services tax imposed pursuant to

34-31  chapter 371 of NRS on the vehicles used in the operation of his

34-32  business in this state of not less than $5,000 for each consecutive

34-33  12-month period for 60 months immediately preceding the

34-34  submission of the affidavit from the certified public accountant; or

34-35         (3) Any combination of such sales and use taxes and

34-36  governmental services tax; or

34-37     (b) Acquired, by purchase, inheritance, gift or transfer through a

34-38  stock option plan, all the assets and liabilities of a viable, operating

34-39  construction firm that possesses a:

34-40         (1) License as a general contractor pursuant to the provisions

34-41  of chapter 624 of NRS; and

34-42         (2) Certificate of eligibility to receive a preference in bidding

34-43  on public works.

34-44     4.  The State Contractors’ Board shall issue a certificate of

34-45  eligibility to receive a preference in bidding on public works to a

35-1  specialty contractor who is licensed pursuant to the provisions of

35-2  chapter 624 of NRS and submits to the Board an affidavit from a

35-3  certified public accountant setting forth that the specialty contractor

35-4  has, while licensed as a specialty contractor in this state:

35-5      (a) Paid directly, on his own behalf:

35-6          (1) The sales and use taxes pursuant to chapters 372, 374 and

35-7  377 of NRS on materials used for construction in this state,

35-8  including, without limitation, construction that is undertaken or

35-9  carried out on land within the boundaries of this state that is

35-10  managed by the Federal Government or is on an Indian reservation

35-11  or Indian colony, of not less than $5,000 for each consecutive

35-12  12-month period for 60 months immediately preceding the

35-13  submission of the affidavit from the certified public accountant;

35-14         (2) The governmental services tax imposed pursuant to

35-15  chapter 371 of NRS on the vehicles used in the operation of his

35-16  business in this state of not less than $5,000 for each consecutive

35-17  12-month period for 60 months immediately preceding the

35-18  submission of the affidavit from the certified public accountant; or

35-19         (3) Any combination of such sales and use taxes and

35-20  governmental services tax; or

35-21     (b) Acquired, by purchase, inheritance, gift or transfer through a

35-22  stock option plan, all the assets and liabilities of a viable, operating

35-23  construction firm that possesses a:

35-24         (1) License as a specialty contractor pursuant to the

35-25  provisions of chapter 624 of NRS; and

35-26         (2) Certificate of eligibility to receive a preference in bidding

35-27  on public works.

35-28     5.  For the purposes of complying with the requirements set

35-29  forth in paragraph (a) of subsection 3 and paragraph (a) of

35-30  subsection 4, a contractor shall be deemed to have paid:

35-31     (a) Sales and use taxes and governmental services taxes paid in

35-32  this state by an affiliate or parent company of the contractor, if the

35-33  affiliate or parent company is also a general contractor or specialty

35-34  contractor, as applicable; and

35-35     (b) Sales and use taxes paid in this state by a joint venture in

35-36  which the contractor is a participant, in proportion to the amount of

35-37  interest the contractor has in the joint venture.

35-38     6.  A contractor who has received a certificate of eligibility to

35-39  receive a preference in bidding on public works from the State

35-40  Contractors’ Board pursuant to subsection 3 or 4 shall, at the time

35-41  for the annual renewal of his contractor’s license pursuant to NRS

35-42  624.283, submit to the Board an affidavit from a certified public

35-43  accountant setting forth that the contractor has, during the

35-44  immediately preceding 12 months, paid the taxes required pursuant

36-1  to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as

36-2  applicable, to maintain his eligibility to hold such a certificate.

36-3      7.  A contractor who fails to submit an affidavit to the Board

36-4  pursuant to subsection 6 ceases to be eligible to receive a preference

36-5  in bidding on public works unless he reapplies for and receives a

36-6  certificate of eligibility pursuant to subsection 3 or 4, as applicable.

36-7      8.  If a contractor holds more than one contractor’s license, he

36-8  must submit a separate application for each license pursuant to

36-9  which he wishes to qualify for a preference in bidding. Upon

36-10  issuance, the certificate of eligibility to receive a preference in

36-11  bidding on public works becomes part of the contractor’s license for

36-12  which the contractor submitted the application.

36-13     9.  If a contractor who applies to the State Contractors’ Board

36-14  for a certificate of eligibility to receive a preference in bidding on

36-15  public works submits false information to the Board regarding the

36-16  required payment of taxes, the contractor is not eligible to receive a

36-17  preference in bidding on public works for a period of 5 years after

36-18  the date on which the Board becomes aware of the submission of the

36-19  false information.

36-20     10.  If any federal statute or regulation precludes the granting of

36-21  federal assistance or reduces the amount of that assistance for a

36-22  particular public work because of the provisions of subsection 2,

36-23  those provisions do not apply insofar as their application would

36-24  preclude or reduce federal assistance for that work. [The provisions

36-25  of subsection 2 do not apply to any contract for a public work which

36-26  is expected to cost less than $250,000.]

36-27     11.  If a bid is submitted by two or more contractors as a joint

36-28  venture or by one of them as a joint venturer, [the provisions of

36-29  subsection 2 apply] the bid may be deemed a best bid only if both or

36-30  all of the joint venturers separately meet the requirements of [that

36-31  subsection.] subsection 2.

36-32     12.  The State Contractors’ Board shall adopt regulations and

36-33  may assess reasonable fees relating to the certification of contractors

36-34  for a preference in bidding on public works.

36-35     13.  A person or entity who believes that a contractor

36-36  wrongfully holds a certificate of eligibility to receive a preference in

36-37  bidding on public works may challenge the validity of the certificate

36-38  by filing a written objection with the [public body] local

36-39  government to which the contractor has submitted a bid [or

36-40  proposal] on a contract for the [completion] construction of a public

36-41  work. A written objection authorized pursuant to this subsection

36-42  must:

36-43     (a) Set forth proof or substantiating evidence to support the

36-44  belief of the person or entity that the contractor wrongfully holds a

37-1  certificate of eligibility to receive a preference in bidding on public

37-2  works; and

37-3      (b) Be filed with the [public body at or after the time at which

37-4  the contractor submitted the bid or proposal to the public body and

37-5  before the time at which the public body awards the contract for

37-6  which the bid or proposal was submitted.

37-7      14.  If a public body] local government not later than 3

37-8  business days after the opening of the bids by the local

37-9  government or its authorized representative.

37-10     14.  If a local government receives a written objection pursuant

37-11  to subsection 13, the [public body] local government shall

37-12  determine whether the objection is accompanied by the proof or

37-13  substantiating evidence required pursuant to paragraph (a) of that

37-14  subsection. If the [public body] local government determines that

37-15  the objection is not accompanied by the required proof or

37-16  substantiating evidence, the [public body] local government shall

37-17  dismiss the objection and the local government or its authorized

37-18  representative may proceed immediately to award the contract. If

37-19  the [public body] local government determines that the objection is

37-20  accompanied by the required proof or substantiating evidence, the

37-21  [public body] local government shall determine whether the

37-22  contractor qualifies for the certificate pursuant to the provisions of

37-23  this section and the local government or its authorized

37-24  representative may proceed to award the contract accordingly.

37-25     Sec. 29.  NRS 338.148 is hereby amended to read as follows:

37-26     338.148  1.  A local government or its authorized

37-27  representative may award a contract for [the construction, alteration

37-28  or repair of] a public work to a specialty contractor pursuant to NRS

37-29  338.143, 338.145 and 338.147 if:

37-30     (a) The majority of the work to be performed on the [project]

37-31  public work to which the contract pertains consists of specialty

37-32  contracting for which the specialty contractor is licensed; and

37-33     (b) The [project] public work to which the contract pertains is

37-34  not part of a larger public work.

37-35     2.  If a local government or its authorized representative

37-36  awards a contract to a specialty contractor pursuant to NRS 338.143,

37-37  338.145 and 338.147, all work to be performed on the [project]

37-38  public work to which the contract pertains that is outside the scope

37-39  of the license of the specialty contractor must be performed by a

37-40  subcontractor who is licensed to perform such work.

37-41     Sec. 30.  NRS 338.150 is hereby amended to read as follows:

37-42     338.150  1.  [Any agency of this state and any political

37-43  subdivision, municipal corporation or district and any public officer

37-44  or person] Except as otherwise provided in subsection 3, any

37-45  public body charged with the drafting of specifications for [the

38-1  construction, alteration or repair of public works,] a public work

38-2  shall include in the specifications a clause permitting arbitration of a

38-3  dispute arising between the [agency and a] public body and the

38-4  contractor engaged on a public work if the dispute cannot otherwise

38-5  be settled.

38-6      2.  Any dispute requiring arbitration must be handled in

38-7  accordance with the construction industry’s rules for arbitration as

38-8  administered by the American Arbitration Association or the

38-9  Nevada Arbitration Association.

38-10     3.  The provisions of subsection 1 do not require the

38-11  Department of Transportation to include such a clause in any

38-12  contract entered into by the Department.

38-13     Sec. 31.  NRS 338.155 is hereby amended to read as follows:

38-14     338.155  [1.] If a public body enters into a contract with a

38-15  design professional who is not a member of a design-build team, for

38-16  the provision of services in connection with a public work, the

38-17  contract:

38-18     [(a)] 1.  Must set forth:

38-19         [(1)] (a) The specific period within which the public body

38-20  must pay the design professional.

38-21         [(2)] (b) The specific period and manner in which the public

38-22  body may dispute a payment or portion thereof that the design

38-23  professional alleges is due.

38-24         [(3)] (c) The terms of any penalty that will be imposed upon

38-25  the public body if the public body fails to pay the design

38-26  professional within the specific period set forth in the contract

38-27  pursuant to [subparagraph (1).

38-28         (4)] paragraph (a).

38-29     (d) That the prevailing party in an action to enforce the contract

38-30  is entitled to reasonable attorney’s fees and costs.

38-31     [(b)] 2.  May set forth the terms of any discount that the public

38-32  body will receive if the public body pays the design professional

38-33  within the specific period set forth in the contract pursuant to

38-34  [subparagraph (1) of] paragraph (a)[.

38-35     (c)] of subsection 1.

38-36     3.  May set forth the terms by which the design professional

38-37  agrees to name the public body, at the cost of the public body, as an

38-38  additional insured in an insurance policy held by the design

38-39  professional.

38-40     [(d)] 4.  Except as otherwise provided in [paragraph (e),]

38-41  subsection 5, must not require the design professional to defend,

38-42  indemnify or hold harmless the public body or the employees,

38-43  officers or agents of that public body from any liability, damage,

38-44  loss, claim, action or proceeding caused by the negligence, errors,

39-1  omissions, recklessness or intentional misconduct of the employees,

39-2  officers or agents of the public body.

39-3      [(e)] 5.  May require the design professional to defend,

39-4  indemnify and hold harmless the public body, and the employees,

39-5  officers and agents of the public body from any liabilities, damages,

39-6  losses, claims, actions or proceedings, including, without limitation,

39-7  reasonable attorneys’ fees, that are caused by the negligence, errors,

39-8  omissions, recklessness or intentional misconduct of the design

39-9  professional or the employees or agents of the design professional in

39-10  the performance of the contract.

39-11     [2.  Any provision of a contract that is in violation of paragraph

39-12  (d) of subsection 1 is declared to be contrary to the public policy of

39-13  this state and is void.]

39-14     Sec. 32.  NRS 338.1711 is hereby amended to read as follows:

39-15     338.1711  1.  Except as otherwise provided in this section, a

39-16  public body shall contract with a prime contractor for the

39-17  construction of a public work for which the estimated cost exceeds

39-18  $100,000.

39-19     2.  A public body may contract with a design-build team for the

39-20  design and construction of a public work that is a discrete project if

39-21  the public body determines that:

39-22     (a) The public work is:

39-23         (1) A plant or facility for the treatment and pumping of water

39-24  or the treatment and disposal of wastewater or sewage, the estimated

39-25  cost of which exceeds $100,000,000; or

39-26         (2) Any other type of public work, except a stand-alone

39-27  underground utility project, the estimated cost of which exceeds

39-28  $30,000,000; and

39-29     (b) Contracting with a design-build team will enable the public

39-30  body to:

39-31         (1) Design and construct the public work at a cost that is

39-32  significantly lower than the cost that the public body would incur to

39-33  design and construct the public work using a different method;

39-34         (2) Design and construct the public work in a shorter time

39-35  than would be required to design and construct the public work

39-36  using a different method, if exigent circumstances require that the

39-37  public work be designed and constructed within a short time; or

39-38         (3) Ensure that the design and construction of the public

39-39  work is properly coordinated, if the public work is unique, highly

39-40  technical and complex in nature.

39-41     3.  Each state agency and each local government may contract

39-42  with a design-build team once in each fiscal year for the design and

39-43  construction of a public work if the [governing body of the entity]

39-44  public body that is responsible for financing the public work

39-45  determines that:

40-1      (a) The estimated cost of the public work is:

40-2          (1) At least $250,000 but less than $30,000,000 if the public

40-3  work is the construction of a park and appurtenances thereto, the

40-4  rehabilitation or remodeling of a public building, or the construction

40-5  of an addition to a public building;

40-6          (2) At least $500,000 but less than $30,000,000 if the public

40-7  work is the construction of a new public building;

40-8          (3) At least $5,000,000 but less than $100,000,000 if the

40-9  public work is the construction, alteration or repair of a plant or

40-10  facility for the treatment and pumping of water or the treatment and

40-11  disposal of wastewater or sewage; or

40-12         (4) At least $5,000,000 but less than $30,000,000 if the

40-13  public work is the construction, alteration or repair of any other

40-14  fixed works as described in subsection 2 of NRS 624.215; and

40-15     (b) Contracting with a design-build team will enable the public

40-16  body to:

40-17         (1) Design and construct the public work at a cost that is

40-18  significantly lower than the cost that the public body would incur to

40-19  design and construct the public work using a different method;

40-20         (2) Design and construct the public work in a shorter time

40-21  than would be required to design and construct the public work

40-22  using a different method, if exigent circumstances require that the

40-23  public work be designed and constructed within a short time; or

40-24         (3) Ensure that the design and construction of the public

40-25  work is properly coordinated, if the public work is unique, highly

40-26  technical and complex in nature.

40-27     4.  Notwithstanding the provisions of subsections 1, 2 and 3, a

40-28  public body may contract with:

40-29     (a) A nonprofit organization for the design and construction of a

40-30  project to restore, enhance or develop wetlands.

40-31     (b) A prime contractor or design‑build team with respect to a

40-32  public work if the public body determines that the public work is:

40-33         (1) Not part of a larger public work; and

40-34         (2) Limited in scope to:

40-35             (I) Removal of asbestos;

40-36             (II) Replacement of equipment or systems for heating,

40-37  ventilation and air‑conditioning;

40-38             (III) Replacement of a roof;

40-39             (IV) Landscaping; or

40-40             (V) Restoration, enhancement or development of

40-41  wetlands.

40-42     5.  A public body that is required to contract with a prime

40-43  contractor pursuant to subsection 1 or elects to contract with a

40-44  prime contractor pursuant to subsection 4 shall select the prime

41-1  contractor in accordance with the procedures for bidding that are

41-2  set forth in:

41-3      (a) The provisions of NRS 338.1375 to 338.139, inclusive; or

41-4      (b) NRS 338.143 to 338.148, inclusive, if the public body is a

41-5  local government that elects to award a contract for a public work

41-6  in accordance with paragraph (b) of subsection 1 of

41-7  NRS 338.1373.

41-8      6.  As used in this section, “state agency” includes an agency,

41-9  bureau, board, commission, department, division or any other unit of

41-10  the Legislative Department, Judicial Department or Executive

41-11  Department of State Government or the University and Community

41-12  College System of Nevada.

41-13     Sec. 33.  NRS 338.1713 is hereby amended to read as follows:

41-14     338.1713  1.  A public body shall not contract with a design-

41-15  build team with respect to a public work unless the [governing body

41-16  of the] public body makes the determinations, at a public hearing,

41-17  that are required pursuant to subsection 2, 3 or 4 of NRS 338.1711,

41-18  as applicable.

41-19     2.  A public body that is required to hold a public hearing

41-20  pursuant to this section shall publish notice of the hearing in a

41-21  newspaper [of] qualified pursuant to chapter 238 of NRS that is

41-22  published in the county where the work will be performed. If no

41-23  qualified newspaper is published in the county where the public

41-24  work will be performed, the required advertisement must be

41-25  published in some qualified newspaper that is printed in the State

41-26  of Nevada and has a general circulation in [this state.] the county.

41-27     Sec. 34.  NRS 338.1715 is hereby amended to read as follows:

41-28     338.1715  [1.  A public body that is required to contract with a

41-29  prime contractor pursuant to subsection 1 of NRS 338.1711 or elects

41-30  to contract with a prime contractor pursuant to subsection 4 of NRS

41-31  338.1711 shall select the prime contractor in accordance with the

41-32  procedures for bidding that are set forth in:

41-33     (a) The provisions of NRS 338.1375 to 338.139, inclusive; or

41-34     (b) NRS 338.143 to 338.148, inclusive, if the public body is a

41-35  local government that elects to award a contract for a public work in

41-36  accordance with paragraph (b) of subsection 1 of NRS 338.1373.

41-37     2.] A public body that contracts with a design-build team

41-38  pursuant to NRS 338.1711 and 338.1713 shall select the design-

41-39  build team in accordance with the provisions of NRS 338.1721 to

41-40  338.1727, inclusive.

41-41     Sec. 35.  NRS 338.1717 is hereby amended to read as follows:

41-42     338.1717  A public body may employ a registered architect ,

41-43  landscape architect or licensed professional engineer as a

41-44  consultant to assist the public body in overseeing the construction of

42-1  a public work. An architect , landscape architect or engineer so

42-2  employed shall not:

42-3      1.  Construct the public work; or

42-4      2.  Assume overall responsibility for ensuring that the

42-5  construction of the public work is completed in a satisfactory

42-6  manner.

42-7      Sec. 36.  NRS 338.1723 is hereby amended to read as follows:

42-8      338.1723  1.  A public body shall advertise for preliminary

42-9  proposals for the design and construction of a public work by a

42-10  design-build team in a newspaper [of] qualified pursuant to chapter

42-11  238 of NRS that is published in the county where the public work

42-12  will be performed. If no qualified newspaper is published within

42-13  the county where the public will be performed, the required

42-14  advertisement must be published in some qualified newspaper that

42-15  is printed in the State of Nevada and has a general circulation in

42-16  [this state.] the county.

42-17     2.  A request for preliminary proposals published pursuant to

42-18  subsection 1 must include, without limitation:

42-19     (a) A description of the public work to be designed and

42-20  constructed;

42-21     (b) Separate estimates of the costs of designing and constructing

42-22  the public work;

42-23     (c) The dates on which it is anticipated that the separate phases

42-24  of the design and construction of the public work will begin and

42-25  end;

42-26     (d) The date by which preliminary proposals must be submitted

42-27  to the public body, which must not be less than 30 days after the

42-28  date that the request for preliminary proposals is first published in a

42-29  newspaper pursuant to subsection 1; and

42-30     (e) A statement setting forth the place and time in which a

42-31  design-build team desiring to submit a proposal for the public work

42-32  may obtain the information necessary to submit a proposal,

42-33  including, without limitation, the information set forth in

42-34  subsection 3.

42-35     3.  A public body shall maintain at the time and place set forth

42-36  in the request for preliminary proposals the following information

42-37  for inspection by a design-build team desiring to submit a proposal

42-38  for the public work:

42-39     (a) The extent to which designs must be completed for both

42-40  preliminary and final proposals and any other requirements for the

42-41  design and construction of the public work that the public body

42-42  determines to be necessary;

42-43     (b) A list of the requirements set forth in NRS 338.1721;

43-1      (c) A list of the factors that the public body will use to evaluate

43-2  design-build teams who submit a proposal for the public work,

43-3  including, without limitation:

43-4          (1) The relative weight to be assigned to each factor pursuant

43-5  to NRS 338.1727; and

43-6          (2) A disclosure of whether the factors that are not related to

43-7  cost are, when considered as a group, more or less important in the

43-8  process of evaluation than the factor of cost;

43-9      (d) Notice that a design-build team desiring to submit a proposal

43-10  for the public work must include with its proposal the information

43-11  used by the public body to determine finalists among the design-

43-12  build teams submitting proposals pursuant to subsection 2 of NRS

43-13  338.1725 and a description of that information;

43-14     (e) A statement that a design-build team whose prime contractor

43-15  holds a certificate of eligibility to receive a preference in bidding on

43-16  public works issued pursuant to NRS 338.1389 or 338.147 should

43-17  submit a copy of the certificate of eligibility with its proposal; and

43-18     (f) A statement as to whether a design-build team that is selected

43-19  as a finalist pursuant to NRS 338.1725 but is not awarded the

43-20  design-build contract pursuant to NRS 338.1727 will be partially

43-21  reimbursed for the cost of preparing a final proposal and, if so, an

43-22  estimate of the amount of the partial reimbursement.

43-23     Sec. 37.  NRS 338.1727 is hereby amended to read as follows:

43-24     338.1727  1.  After selecting the finalists pursuant to NRS

43-25  338.1725, the public body shall provide to each finalist a request for

43-26  final proposals for the public work. The request for final proposals

43-27  must:

43-28     (a) Set forth the factors that the public body will use to select a

43-29  design-build team to design and construct the public work, including

43-30  the relative weight to be assigned to each factor; and

43-31     (b) Set forth the date by which final proposals must be

43-32  submitted to the public body.

43-33     2.  Except as otherwise provided in this subsection, in assigning

43-34  the relative weight to each factor for selecting a design-build team

43-35  pursuant to subsection 1, the public body shall assign, without

43-36  limitation, a relative weight of 5 percent to the possession of a

43-37  certificate of eligibility to receive a preference in bidding on public

43-38  works and a relative weight of at least 30 percent to the proposed

43-39  cost of design and construction of the public work. If any federal

43-40  statute or regulation precludes the granting of federal assistance or

43-41  reduces the amount of that assistance for a particular public work

43-42  because of the provisions of this subsection relating to preference in

43-43  bidding on public works, those provisions of this subsection do not

43-44  apply insofar as their application would preclude or reduce federal

43-45  assistance for that public work.

44-1      3.  A final proposal submitted by a design-build team pursuant

44-2  to this section must be prepared thoroughly, be responsive to the

44-3  criteria that the public body will use to select a design-build team to

44-4  design and construct the public work described in subsection 1 and

44-5  comply with the provisions of NRS 338.141.

44-6      4.  After receiving the final proposals for the public work, the

44-7  public body , at a regularly scheduled meeting, shall:

44-8      (a) Select the most cost-effective and responsive final proposal,

44-9  using the criteria set forth pursuant to subsections 1 and 2; or

44-10     (b) Reject all the final proposals.

44-11     5.  If a public body selects a final proposal pursuant to

44-12  paragraph (a) of subsection 4, the public body shall, at [its next] a

44-13  regularly scheduled meeting:

44-14     (a) Review and ratify the selection.

44-15     (b) Award the design-build contract to the design-build team

44-16  whose proposal is selected.

44-17     (c) Partially reimburse the unsuccessful finalists if partial

44-18  reimbursement was provided for in the request for preliminary

44-19  proposals pursuant to paragraph (f) of subsection 3 of NRS

44-20  338.1723. The amount of reimbursement must not exceed, for each

44-21  unsuccessful finalist, 3 percent of the total amount to be paid to the

44-22  design-build team as set forth in the design-build contract.

44-23     (d) Make available to the public a summary setting forth the

44-24  factors used by the public body to select the successful design-build

44-25  team and the ranking of the design-build teams who submitted final

44-26  proposals. The public body shall not release to a third party, or

44-27  otherwise make public, financial or proprietary information

44-28  submitted by a design-build team.

44-29     6.  A contract awarded pursuant to this section:

44-30     (a) Must specify:

44-31         (1) An amount that is the maximum amount that the public

44-32  body will pay for the performance of all the work required by the

44-33  contract, excluding any amount related to costs that may be incurred

44-34  as a result of unexpected conditions or occurrences as authorized by

44-35  the contract;

44-36         (2) An amount that is the maximum amount that the public

44-37  body will pay for the performance of the professional services

44-38  required by the contract; and

44-39         (3) A date by which performance of the work required by the

44-40  contract must be completed.

44-41     (b) May set forth the terms by which the design-build team

44-42  agrees to name the public body, at the cost of the public body, as an

44-43  additional insured in an insurance policy held by the design-build

44-44  team.

45-1      (c) Except as otherwise provided in paragraph (d), must not

45-2  require the design professional to defend, indemnify or hold

45-3  harmless the public body or the employees, officers or agents of that

45-4  public body from any liability, damage, loss, claim, action or

45-5  proceeding caused by the negligence, errors, omissions, recklessness

45-6  or intentional misconduct of the employees, officers and agents of

45-7  the public body.

45-8      (d) May require the design-build team to defend, indemnify and

45-9  hold harmless the public body, and the employees, officers and

45-10  agents of the public body from any liabilities, damages, losses,

45-11  claims, actions or proceedings, including, without limitation,

45-12  reasonable attorneys’ fees, that are caused by the negligence, errors,

45-13  omissions, recklessness or intentional misconduct of the design-

45-14  build team or the employees or agents of the design-build team in

45-15  the performance of the contract.

45-16     7.  [Any provision of a contract that is in violation of paragraph

45-17  (c) of subsection 6 is declared to be contrary to the public policy of

45-18  this state and is void.

45-19     8.] A design-build team to whom a contract is awarded

45-20  pursuant to this section shall:

45-21     (a) Assume overall responsibility for ensuring that the design

45-22  and construction of the public work is completed in a satisfactory

45-23  manner; and

45-24     (b) Use the workforce of the prime contractor on the design-

45-25  build team to construct at least 15 percent of the public work.

45-26     Sec. 38.  NRS 338.175 is hereby amended to read as follows:

45-27     338.175  A public body shall notify the State Board of

45-28  Architecture, Interior Design and Residential Design or the State

45-29  Board of Landscape Architecture, as applicable, in writing if a

45-30  registered architect, interior designer , [or] residential designer[:] or

45-31  landscape architect:

45-32     1.  Submits plans for a project which are substantially

45-33  incomplete; or

45-34     2.  Submits plans for the same project which are rejected by the

45-35  public body at least three times.

45-36     Sec. 39.  NRS 338.177 is hereby amended to read as follows:

45-37     338.177  1.  Real property acquired by the governing body of

45-38  a local government for a public work may be leased, pending the

45-39  completion of the public work but for not more than 5 years, upon

45-40  such terms and conditions as the governing body [of the local

45-41  government] prescribes.

45-42     2.  The governing body [of the local government] shall:

45-43     (a) Adopt the procedures for entering into such a lease at a

45-44  public hearing held thereon; and

46-1      (b) Offer to lease the property to the person from whom it was

46-2  acquired before offering to lease the property to any other person.

46-3      3.  Except as otherwise provided in this subsection, revenue

46-4  from the lease must be used to maintain the property in order to

46-5  mitigate any adverse effect upon the adjacent area. Any revenue

46-6  from the lease that is not needed to maintain the property must be

46-7  used to offset the cost of the public work for which the property was

46-8  acquired.

46-9      Sec. 40.  NRS 338.180 is hereby amended to read as follows:

46-10     338.180  1.  The Legislature of the State of Nevada declares

46-11  that:

46-12     (a) The primary purpose of this section is to provide, subject to

46-13  the limitations set forth in this section, for the removal and

46-14  elimination of architectural barriers to the physically handicapped in

46-15  public buildings and facilities designed after July 1, 1973, in order

46-16  to encourage and facilitate the employment of the physically

46-17  handicapped and to make public buildings accessible to and usable

46-18  by the physically handicapped; and

46-19     (b) It is the intent of the Legislature that insofar as possible all

46-20  buildings and facilities used by the public be accessible to, and

46-21  functional for, the physically handicapped, without loss of function,

46-22  space or facility where the general public is concerned.

46-23     2.  All plans and specifications for the construction of public

46-24  buildings and facilities owned by [the State of Nevada or by a

46-25  political subdivision thereof] a public body must, after July 1, 1973,

46-26  provide facilities and features for the physically handicapped so that

46-27  buildings which are normally used by the public are constructed

46-28  with entrance ramps, toilet facilities, drinking fountains, doors and

46-29  public telephones accessible to and usable by the physically

46-30  handicapped. In addition, all plans and specifications for the

46-31  construction or alteration of public buildings and facilities owned by

46-32  [the State of Nevada or a political subdivision thereof] a public body

46-33  must comply with the applicable requirements of the:

46-34     (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§

46-35  12101 et seq., and the regulations adopted pursuant thereto,

46-36  including, without limitation, the Americans with Disabilities Act

46-37  Accessibility Guidelines for Buildings and Facilities set forth in

46-38  Appendix A of Part 36 of Title 28 of the Code of Federal

46-39  Regulations;

46-40     (b) Minimum Guidelines and Requirements for Accessible

46-41  Design, 36 C.F.R. §§ 1190.1 et seq.; and

46-42     (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations

46-43  adopted pursuant thereto.

46-44  The requirements of paragraph (a) of this subsection are not

46-45  satisfied if the plans and specifications comply solely with the

47-1  Uniform Federal Accessibility Standards set forth in Appendix A of

47-2  Part 101-19.6 of Title 41 of the Code of Federal Regulations.

47-3      3.  [The State of Nevada and each political subdivision thereof]

47-4  All public bodies shall, in the design, construction and alteration of

47-5  public buildings and facilities comply with the applicable

47-6  requirements of the:

47-7      (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§

47-8  12101 et seq., and the regulations adopted pursuant thereto,

47-9  including, without limitation, the Americans with Disabilities Act

47-10  Accessibility Guidelines for Buildings and Facilities set forth in

47-11  Appendix A of Part 36 of Title 28 of the Code of Federal

47-12  Regulations;

47-13     (b) Minimum Guidelines and Requirements for Accessible

47-14  Design, 36 C.F.R. §§ 1190.1 et seq.; and

47-15     (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations

47-16  adopted pursuant thereto.

47-17  The requirements of paragraph (a) of this subsection are not

47-18  satisfied if the [State of Nevada or a political subdivision thereof]

47-19  public body complies solely with the Uniform Federal Accessibility

47-20  Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the

47-21  Code of Federal Regulations.

47-22     4.  In each public building and facility owned by [this state or a

47-23  political subdivision of this state,] a public body, each entrance to a

47-24  corridor which leads to a toilet facility must be marked with a sign

47-25  which:

47-26     (a) Conforms to the requirements related to signage contained in

47-27  §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility

47-28  Guidelines for Buildings and Facilities set forth in Appendix A of

47-29  Part 36 of Title 28 of the Code of Federal Regulations; and

47-30     (b) Uses symbols, raised letters and Braille to:

47-31         (1) Identify the toilet facility and the gender of persons who

47-32  may use the toilet facility; and

47-33         (2) If the toilet facility is for the exclusive use of persons of

47-34  one gender:

47-35             (I) Indicate that the toilet facility is for the exclusive use

47-36  of persons of that gender; and

47-37             (II) Provide direction to a toilet facility that may be used

47-38  by persons of the other gender.

47-39     5.  The State Public Works Board shall verify that all public

47-40  buildings and facilities owned by the State of Nevada conform with

47-41  the requirements of this section. Each political subdivision shall

47-42  verify that all public buildings and facilities owned by the political

47-43  subdivision conform with the requirements of this section.

47-44     6.  A person may report a violation of this section to the

47-45  Attorney General.

48-1      7.  Upon receiving a report pursuant to subsection 6, the

48-2  Attorney General shall notify the public body responsible for the

48-3  alleged violation. Not later than 30 days after receiving such a

48-4  notification, the public body shall:

48-5      (a) Present evidence to the Attorney General that it is in

48-6  compliance with this section; or

48-7      (b) Begin any action necessary to comply with the requirements

48-8  of this section and notify the Attorney General of the date on which

48-9  it will be in compliance with those requirements.

48-10     8.  If the public body responsible for the alleged violation fails

48-11  to comply with this section, the Attorney General shall take such

48-12  action as is necessary to ensure compliance with this section,

48-13  including, without limitation, commencing proceedings in a court of

48-14  competent jurisdiction, if appropriate.

48-15     Sec. 41.  NRS 338.1907 is hereby amended to read as follows:

48-16     338.1907  1.  The governing body of a local government may

48-17  designate one or more energy retrofit coordinators for the buildings

48-18  occupied by the local government.

48-19     2.  If such a coordinator is designated, upon request by or

48-20  consultation with an officer or employee of the local government

48-21  who is responsible for the budget of a department, board,

48-22  commission or other entity of the local government, the coordinator

48-23  may request the approval of the governing body to advertise a

48-24  request for proposals to retrofit a building, or any portion thereof,

48-25  that is occupied by the department, board, commission or other

48-26  entity, to make the use of energy in the building, or portion thereof,

48-27  more efficient.

48-28     3.  Upon approval of the governing body, the coordinator shall

48-29  prepare a request for proposals for the retrofitting of one or more

48-30  buildings, or any portion thereof, which includes:

48-31     (a) The name and location of the coordinator;

48-32     (b) A brief description of the requirements for the initial audit of

48-33  the use of energy and the retrofitting;

48-34     (c) Where and how specifications of the requirements for the

48-35  initial audit of the use of energy and the retrofitting may be

48-36  obtained;

48-37     (d) The date and time not later than which proposals must be

48-38  received by the coordinator; and

48-39     (e) The date and time when responses will be opened.

48-40     4.  The request for proposals must be published in [at least one

48-41  newspaper of] a newspaper qualified pursuant to chapter 238 of

48-42  NRS that is published in the county where the work will be

48-43  performed. If no qualified newspaper is published in the county

48-44  where the public work will be performed, the required

48-45  advertisement must be published in some qualified newspaper that

49-1  is printed in the State of Nevada and has a general circulation in

49-2  the county [in which the local government is located.] where the

49-3  work will be performed.

49-4      5.  After receiving the proposals but before making a decision

49-5  on the proposals, the coordinator shall consider:

49-6      (a) The best interests of the local government;

49-7      (b) The experience and financial stability of the persons

49-8  submitting the proposals;

49-9      (c) Whether the proposals conform with the terms of the request

49-10  for proposals;

49-11     (d) The prices of the proposals; and

49-12     (e) Any other factor disclosed in the request for proposals.

49-13     6.  The coordinator shall determine the relative weight of each

49-14  factor before a request for proposals is advertised. The weight of

49-15  each factor must not be disclosed before the date proposals are

49-16  required to be submitted to the coordinator.

49-17     7.  After reviewing the proposals, if the coordinator determines

49-18  that sufficient energy could be saved to justify retrofitting the

49-19  building or buildings, or portion thereof, the coordinator shall select

49-20  the best proposal and request the approval of the governing body to

49-21  award the contract. The request for approval must include the

49-22  proposed method of financing the audit and retrofit, which may

49-23  include an installment contract, a shared savings contract or any

49-24  other contract for a reasonable financing arrangement. Such a

49-25  contract may commit the local government to make payments

49-26  beyond the fiscal year in which the contract is executed or beyond

49-27  the terms of office of the governing body, or both.

49-28     8.  Before approving a retrofit pursuant to this section, the

49-29  governing body shall evaluate any projects that would utilize shared

49-30  savings as a method of payment or any method of financing that

49-31  would commit the local government to make payments beyond the

49-32  fiscal year in which the contract is executed or beyond the terms of

49-33  office of the governing body to ensure that:

49-34     (a) The amount of energy to be saved will likely justify the cost

49-35  of the retrofit; and

49-36     (b) The local government is likely to continue to occupy the

49-37  building for the entire period required to recoup the cost of the

49-38  retrofit in energy savings.

49-39     9.  Upon approval of the governing body, the coordinator shall

49-40  execute the contract and notify each officer or employee who is

49-41  responsible for the budget of a department, board, commission or

49-42  other entity which occupies a portion of a building that will be

49-43  retrofitted of the amount of money it will be required to pay

49-44  annually for its portion of the retrofit.

50-1      10.  NRS 338.1385 and 338.143 do not apply to a project for

50-2  which a request for proposals is advertised and the contract is

50-3  awarded pursuant to the provisions of this section.

50-4      Sec. 42.  NRS 338.515 is hereby amended to read as follows:

50-5      338.515  1.  Except as otherwise provided in NRS 338.525, a

50-6  public body and its officers or agents awarding a contract for a

50-7  public work shall pay or cause to be paid to a contractor the progress

50-8  payments due under the contract within 30 days after the date the

50-9  public body receives the progress bill or within a shorter period if

50-10  the provisions of the contract so provide. Not more than 90 percent

50-11  of the amount of any progress payment may be paid until 50 percent

50-12  of the work required by the contract has been performed. Thereafter

50-13  the public body may pay any of the remaining progress payments

50-14  without withholding additional retainage if, in the opinion of the

50-15  public body, satisfactory progress is being made in the work.

50-16     2.  Except as otherwise provided in NRS 338.525, a public

50-17  body shall identify in the contract and pay or cause to be paid to a

50-18  contractor the actual cost of the supplies, materials and equipment

50-19  that:

50-20     (a) Are identified in the contract;

50-21     (b) Have been delivered and stored at a location, and in the time

50-22  and manner, specified in a contract by the contractor or a

50-23  subcontractor or supplier for use in [the construction, repair or

50-24  reconstruction of the] a public work; and

50-25     (c) Are in short supply or were specially made for the public

50-26  work,

50-27  within 30 days after the public body receives a progress bill from

50-28  the contractor for those supplies, materials or equipment.

50-29     3.  A public body shall pay or cause to be paid to the contractor

50-30  at the end of each quarter interest for the quarter on any amount

50-31  withheld by the public body pursuant to NRS 338.400 to 338.645,

50-32  inclusive, at a rate equal to the rate quoted by at least three financial

50-33  institutions as the highest rate paid on a certificate of deposit whose

50-34  duration is approximately 90 days on the first day of the quarter. If

50-35  the amount due to a contractor pursuant to this subsection for any

50-36  quarter is less than $500, the public body may hold the interest until:

50-37     (a) The end of a subsequent quarter after which the amount of

50-38  interest due is $500 or more;

50-39     (b) The end of the fourth consecutive quarter for which no

50-40  interest has been paid to the contractor; or

50-41     (c) The amount withheld under the contract is due pursuant to

50-42  NRS 338.520,

50-43  whichever occurs first.

50-44     4.  If the Labor Commissioner has reason to believe that an

50-45  employee has a valid and enforceable claim for wages against a

51-1  contractor[,] or subcontractor, he may require the public body to

51-2  withhold from any payment due the contractor under this section

51-3  and pay the Labor Commissioner instead, an amount equal to the

51-4  amount claimed by the employee. This amount must be paid to the

51-5  employee by the Labor Commissioner if the claim is resolved in his

51-6  favor, otherwise it must be returned to the public body for payment

51-7  to the contractor.

51-8      Sec. 43.  NRS 338.560 is hereby amended to read as follows:

51-9      338.560  1.  A contractor may withhold from a progress

51-10  payment or retainage payment an amount sufficient to pay [the] :

51-11     (a) The expenses the contractor reasonably expects to incur as a

51-12  result of the failure of his subcontractor or supplier to comply with

51-13  the subcontract or applicable building code, law or regulation.

51-14     (b) An amount withheld from payment to the contractor by a

51-15  public body pursuant to subsection 4 of NRS 338.515 for a claim

51-16  for wages against the subcontractor.

51-17     2.  A contractor shall, within 10 days after he receives:

51-18     (a) A progress payment or retainage payment from the public

51-19  body for an amount that is less than the amount set forth in the

51-20  applicable progress bill or retainage bill; or

51-21     (b) A progress bill or retainage bill from his subcontractor or

51-22  supplier,

51-23  give a written notice to his subcontractor or supplier of any amount

51-24  that will be withheld pursuant to this section.

51-25     3.  The written notice must:

51-26     (a) Set forth:

51-27         (1) The amount of the progress payment or retainage

51-28  payment that will be withheld from his subcontractor or supplier;

51-29  and

51-30         (2) A detailed explanation of the reason the contractor will

51-31  withhold that amount, including, without limitation, a specific

51-32  reference to the provision or section of the subcontract, or

51-33  documents related thereto, or applicable building code, law or

51-34  regulation with which his subcontractor or supplier has failed to

51-35  comply; and

51-36     (b) Be signed by an authorized agent of the contractor.

51-37     4.  The contractor shall pay to his subcontractor or supplier the

51-38  amount withheld by the public body or the contractor within 10 days

51-39  after:

51-40     (a) The contractor receives a written notice of the correction of

51-41  the condition that is the reason for the withholding, signed by an

51-42  authorized agent of the subcontractor or supplier; or

51-43     (b) The public body pays to the contractor the amount

51-44  withheld,

51-45  whichever occurs later.

52-1      Sec. 44.  NRS 338.595 is hereby amended to read as follows:

52-2      338.595  1.  If a subcontractor and another subcontractor or

52-3  supplier enter into a subcontract for a public work, the subcontractor

52-4  may withhold as retainage not more than 10 percent from the

52-5  amount of any progress payment due under a subcontract which is

52-6  made before 50 percent of the work has been completed under the

52-7  subcontract. The subcontractor shall pay any additional progress

52-8  payments due under the subcontract without withholding any

52-9  additional retainage if, in the opinion of the subcontractor,

52-10  satisfactory progress is being made in the work under the

52-11  subcontract. The payment must be equal to that paid by the

52-12  contractor to him for the work performed or supplies provided by

52-13  his subcontractor or supplier.

52-14     2.  If the subcontractor receives a payment of interest earned on

52-15  the retainage or an amount withheld from a progress payment, he

52-16  shall, within 10 days after receiving the money, pay to each of his

52-17  subcontractors or suppliers that portion of the interest received from

52-18  the contractor which is attributable to the retainage or amount

52-19  withheld from a progress payment by [him to] the subcontractor to

52-20  his subcontractor or supplier.

52-21     Sec. 45.  NRS 338.600 is hereby amended to read as follows:

52-22     338.600  1.  A subcontractor may withhold from a progress

52-23  payment or retainage payment an amount sufficient to pay the

52-24  expenses the subcontractor reasonably expects to incur as a result of

52-25  the failure of his subcontractor or supplier to comply with the

52-26  subcontract or applicable building code, law or regulation.

52-27     2.  A subcontractor shall, within 10 days after he receives:

52-28     (a) A progress payment or retainage payment from a contractor

52-29  for an amount that is less than the amount set forth in the applicable

52-30  progress bill or retainage bill; or

52-31     (b) A progress bill or retainage bill from his subcontractor or

52-32  supplier,

52-33  give a written notice to his subcontractor or supplier of any amount

52-34  that will be withheld pursuant to this section.

52-35     3.  The written notice must:

52-36     (a) Set forth:

52-37         (1) The amount of the progress payment or retainage

52-38  payment that will be withheld from his subcontractor or supplier;

52-39  and

52-40         (2) A detailed explanation of the reason the subcontractor

52-41  will withhold that amount, including, without limitation, a specific

52-42  reference to the provision or section of the subcontract, or

52-43  documents related thereto, or applicable building code, law or

52-44  regulation with which the subcontractor or supplier has failed to

52-45  comply; and

53-1      (b) Be signed by an authorized agent of the subcontractor.

53-2      4.  The subcontractor shall pay to his subcontractor or supplier

53-3  the amount withheld by the public body, contractor or subcontractor

53-4  within 10 days after:

53-5      (a) The subcontractor receives a written notice of the correction

53-6  of the condition that is the reason for the withholding, signed by an

53-7  authorized agent of his subcontractor or supplier; or

53-8      (b) The contractor pays to [him] the subcontractor the amount

53-9  withheld,

53-10  whichever occurs later.

53-11     Sec. 46.  NRS 338.1383 is hereby repealed.

53-12     Sec. 47.  1.  This section and sections 1 to 18, inclusive, 20 to

53-13  25, inclusive, and 27 to 46, inclusive, of this act become effective on

53-14  July 1, 2003.

53-15     2.  Sections 18 and 25 of this act expire by limitation on

53-16  April 30, 2013.

53-17     3.  Sections 19 and 26 of this act become effective on May 1,

53-18  2013.

 

53-19  TEXT OF REPEALED SECTION

 

53-20     338.1383  Requirements for acceptance of bids by local

53-21  government which has not adopted criteria for qualification of

53-22  bidders. If a local government does not adopt criteria for the

53-23  qualification of bidders on a public work pursuant to NRS 338.1377,

53-24  the governing body may only accept a bid on a contract for a public

53-25  work from a person who holds:

53-26     1.  An unlimited contractor’s license issued by the State

53-27  Contractors’ Board in the branch of general engineering contracting

53-28  or general building contracting, or in both branches, and:

53-29     (a) At the time he submits his bid, he provides a bid bond equal

53-30  to 10 percent of the amount of the bid; and

53-31     (b) At the time the contract is awarded, he provides a

53-32  performance bond, a labor and material bond and a guaranty bond,

53-33  each equal to 100 percent of the amount of the contract; or

53-34     2.  A contractor’s license issued by the State Contractors’ Board

53-35  that is designated in any classification if he:

53-36     (a) Has, in the 5 years immediately preceding the submission of

53-37  the bid, been found to be a responsible contractor in the

53-38  classification in which his contractor’s license is designated;

54-1      (b) Provides a bid bond, a performance bond, a guaranty bond,

54-2  and a labor and material bond in such amounts as the governing

54-3  body may require; and

54-4      (c) Employs a person determined by the State Contractors’

54-5  Board to be qualified to supervise each classification of construction

54-6  upon which the person submitting the bid is bidding.

 

54-7  H