Title 35

NRS 408.367 Project not exceeding $250,000: Solicitation and rejection of bids; quarterly reports; public records; bonds. 1. With the approval of the Board, the Director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and main…

NRS 408.373 Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation; compliance with other laws. 1. Before paying any money or drawing a warrant in payment to a person to whom a contract is awarded, the State Controller shall require …

NRS 408.377 Subcontractor: Approval; compliance with laws. 1. No prime or general contractor shall assign or sublet any portion of work to be done under the terms of any contract except: (a) Upon the written approval of the Department. (b) In accordance with the terms of the cont…

NRS 408.379 Subcontractor: State business license required. 1. A subcontractor who enters into a subcontract for a project for the construction and maintenance of a highway shall not accept or otherwise receive any public money for the project, including, without limitation, acce…

NRS 408.383 Contractor: Partial payments; percentage retained; substitution of certain obligations for retained payments; period for dispersal of money by contractor to subcontractors; rate of interest on delinquent dispersal; procedure for resolution of dispute over dispersal. 1…

NRS 408.387 Contract: Publication of notice of final acceptance; final settlement. 1. Before making final payment on any contract as provided in this chapter the Director shall cause the publication of a notice of the date of final acceptance of the contract for a period of at le…

NRS 408.3875 Definitions. As used in NRS 408.3875 to 408.3888, inclusive, unless the context otherwise requires, the words and terms defined in NRS 408.3876 to 408.3879, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 3482; A 2001, 2022; 20…

NRS 408.3876 “Design-build contract” defined. “Design-build contract” means a contract between the Department and a design-build team in which the design-build team agrees to design and construct a project. (Added to NRS by 1999, 3482; A 2001, 2022; 2003, 119)

NRS 408.3877 “Design-build team” defined. “Design-build team” means an entity that consists of: 1. At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and 2. At least one person who holds a certi…

NRS 408.3878 “Prime contractor” defined. “Prime contractor” means a person who: 1. Contracts to construct an entire project; 2. Coordinates all work performed on the entire project; 3. Uses his or her own workforce to perform all or a part of the construction of the project; and …

NRS 408.3879 “Project” defined. “Project” means a project for the construction, reconstruction or improvement of a highway. (Added to NRS by 1999, 3483; A 2001, 2022; 2003, 119)

NRS 408.388 Projects for which Department may contract with design-build team. 1. Except as otherwise provided in NRS 408.5471 to 408.549, inclusive, the Department may contract with a design-build team for the design and construction of a project if the Department determines tha…

NRS 408.3881 Public meeting; notice. 1. The Department shall not contract with a design-build team with respect to a project unless the Board makes the determinations, at a public meeting, that are required pursuant to NRS 408.388. 2. If the Department is required to hold a publi…

NRS 408.3882 Procedure for selecting design-build team. If the Department desires to contract with a design-build team pursuant to NRS 408.388 and 408.3881, the Department must select the design-build team in accordance with NRS 408.3883 to 408.3886, inclusive. (Added to NRS by 1…

NRS 408.3883 Request for preliminary proposals: Advertisement by Department; publication; information available for inspection by design-build teams. 1. The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in…

NRS 408.3884 Qualifications of design-build team. To qualify to participate in the design and construction of a project for the Department, a design-build team must: 1. Except as otherwise provided in NRS 408.354, obtain a performance bond and payment bond as the Department may r…

NRS 408.3885 Procedure for selecting finalists from among design-build teams that submitted preliminary proposals. 1. The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Departm…

NRS 408.3886 Requests for final proposals and best and final offers: Selection or rejection of proposal or offer; contents of contract between Department and design-build team; applicability of prevailing wage requirements to projects; duties of design-build team. 1. After select…

NRS 408.3887 Employment of architect or engineer as consultant during construction. The Department may employ a registered architect or licensed professional engineer as a consultant to assist the Department in overseeing the construction of a project. An architect or engineer so…

NRS 408.3888 Certain submittals confidential until notice of intent to award contract is issued. 1. Any document or other information submitted to the Department in response to a design-build project initiated pursuant to NRS 408.3881 by a person who is a member of a design-build…

NRS 408.389 Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives. 1. Except as otherwise provided in subsection 2, the Department shall not purchase any equipment which exceeds $50,000, unless the p…

NRS 408.393 Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception. 1. The Department shall: (a) Cooperate with the Labor Commissioner in the enforcement of the state labor laws insofar as the labor laws relate to labor performed in constru…

NRS 408.397 Procedure for diversion or change of route of highway. Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the Director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing lo…

NRS 408.403 Freeways. 1. Upon a resolution of the Board, the Department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county co…

NRS 408.407 Reimbursement of utility by State for relocation of facility located on or near certain highways. 1. For the purposes of this section: (a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, includi…

NRS 408.413 Improvement of state highway Route No. 81. The Department may pave and improve state highway Route No. 81, beginning on Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise …

NRS 408.417 Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement. 1. As a part of every plan and of all specifications and contracts for the construction of highways, provisions must be made for the erection…

NRS 408.423 Permit required to excavate state highway; exception; fee. 1. No state highway or right-of-way may be disturbed, dug up, crossed, encroached upon, discharged upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approa…

NRS 408.427 Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration. Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintaine…

NRS 408.429 Clean-up of encampment of homeless persons in right-of-way. 1. The Department may: (a) Consult with a homeless outreach team; and (b) Participate in the clean-up of an encampment of homeless persons in a right-of-way, as defined in NRS 408.55014. 2. As used in this se…

NRS 408.433 Roadside parks and rest areas: Unlawful acts; penalties. 1. Except as otherwise provided in NRS 408.553, it is unlawful for any person, firm, corporation, association or other entity, other than a public utility, to: (a) Sell, exhibit or offer for sale any goods, ware…

NRS 408.437 Permit to use law enforcement vehicle; limitations. 1. The Department shall establish a program wherein a contractor that has been awarded a contract for the construction, reconstruction, improvement, maintenance or repair of a highway may obtain a permit for the use …

NRS 408.441 Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances; abatement, removal or remediation required upon receipt of compliance order; remedies available to Department. 1. No person shall discharge or cause a discharge upon a state highw…

NRS 408.442 Entry and inspection of premises. To enforce the provisions of NRS 408.441 or any rule, regulation, standard, permit or order of the Director related thereto, the Director or an authorized designee of the Director may, upon presenting proper credentials: 1. Enter upon…

NRS 408.444 Violations: Remedies; exception. 1. Except as otherwise provided in NRS 408.451, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any rule, regulation, standard, permit or order issued by the Director for the…

NRS 408.446 Violations: Director authorized to issue order for compliance; exception. 1. Except as otherwise provided in NRS 408.451, if the Director finds that any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation …

NRS 408.448 Violations: Injunctive relief; exception. 1. Except as otherwise provided in NRS 408.451, the Director may seek injunctive relief in a court of competent jurisdiction to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 4…

NRS 408.449 Violations: Civil penalty; exceptions. Except as otherwise provided in NRS 408.441 to 408.451, inclusive, any person who violates or aids or abets in the violation of any provision of NRS 408.441, or of any rule, regulation, standard, permit or order issued pursuant t…

NRS 408.451 Director to conduct independent investigation before determining whether to take certain corrective actions; exception. 1. Except as otherwise provided in subsection 2, before determining whether to issue an order for compliance, commence a civil action, request that …

NRS 408.487 Acquisition of property: Purposes. 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the Department may acquire, in the name of the State, either in fee …

NRS 408.489 Acquisition of property: Manner; costs. 1. The property and interests therein must be acquired by the Department in the name of and in behalf of the State, either by donation, dedication, agreement, exchange, lease, option, purchase or through the exercise of the powe…

NRS 408.493 Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal. 1. Whenever land is required for highway purposes, the Department shall survey and locate the right-of-way in a manner most compatible with the…

NRS 408.497 Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation. 1. Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteratio…

NRS 408.503 Eminent domain: Resolution by Board; precedence over other legal actions. 1. The Department shall not commence any legal action in eminent domain until the Board adopts a resolution declaring that the public interest and necessity require the acquisition, construction…

NRS 408.507 Lease or rental of property. 1. Except as otherwise provided in subsection 2, real property held in fee or improvements on the property acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the…

NRS 408.513 Acquisition of property by towns and cities; costs; transfer of interest to State. 1. When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the Department may require such towns and cities to acquire…