Title 28

NRS 338.1592 Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; additional provisi…

NRS 338.1593 Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership. 1. Notwithstanding any other provision of law, any information obtained by or disclosed to a public body in connection with a re…

NRS 338.1594 Financing. 1. A transportation facility may be financed, in whole or in part, with money from any lawful source, including, without limitation: (a) Any public or private funding, loan, grant, line of credit, loan guarantee, credit instrument, private activity bond al…

NRS 338.1595 Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized. 1. A public body, either directly or through a designated party, may: (a) Accept fr…

NRS 338.1596 Deposit and use of money received and retained by public body pursuant to public-private partnership derived from charge with respect to operation of motor vehicle on highway in State. All money which is received and is to be retained by a public body pursuant to a p…

NRS 338.1597 User fee for use of roadway constructed or improved as part of public-private partnership prohibited; exception. 1. No user fee may be charged for the use of any roadway or portion of any roadway constructed or improved pursuant to any project undertaken as part of a…

NRS 338.1598 Contract for services under alternative methods. A public body may contract with a person whose request or proposal submitted pursuant to NRS 338.159 or 338.1591 is approved pursuant to NRS 338.1592 for services to be provided by the transportation facility in exchan…

NRS 338.1599 Federal, state or local assistance. The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, …

NRS 338.1601 Eminent domain. This State, or any public agency so authorized under chapter 37 of NRS, may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to develop, operate or hold a transportatio…

NRS 338.1602 Applicability of state and federal laws. If no federal money is used on a transportation facility, the laws of this State govern. Notwithstanding any other provision of NRS 338.158 to 338.1602, inclusive, if federal money is used on a transportation facility and appl…

NRS 338.161 “Transportation facility” defined. As used in NRS 338.161 to 338.168, inclusive, unless the context otherwise requires, “transportation facility” means a road, railroad, bridge, tunnel, overpass, conduit or other infrastructure for conveying telecommunications cable, …

NRS 338.1615 Applicability. The provisions of NRS 338.161 to 338.168, inclusive, apply to any county whose population is less than 700,000. (Added to NRS by 2017, 3206)

NRS 338.162 Alternative methods of authorization. A public body may authorize a person to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 338.163 or 338.164. (Added to NRS by 2003, 2022)

NRS 338.163 Submission of request to public body; contents of request. 1. A person may submit a request to a public body to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility. 2. The request must be accompanied by the following…

NRS 338.164 Request for submission of proposals by public body. If a public body receives a request regarding a transportation facility pursuant to NRS 338.163 and the public body determines that the transportation facility serves a public purpose, the public body may request oth…

NRS 338.166 Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishment of date for development of or…

NRS 338.167 Contract for transportation services. A public body may contract with a person whose request or proposal is approved pursuant to NRS 338.166 for transportation services to be provided by the transportation facility in exchange for such payments for service and other c…

NRS 338.168 Federal, state or local assistance. The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, b…

NRS 338.1685 Declaration of legislative intent. The Legislature hereby declares that the provisions of NRS 338.1685 to 338.16995, inclusive, relating to contracts involving construction managers at risk: 1. Are intended: (a) To promote public confidence and trust in the contracti…

NRS 338.169 Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk; limitations. 1. Subject to the provisions of subsection 2, a public body may construct a public work by: (a) Selecting a construction manager at…

NRS 338.1691 Qualifications for construction manager at risk. To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must: 1. Not have been found liable for breach of contract with respect …

NRS 338.1692 Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees. 1. A public body or its authorized representative shall advertise for proposals …

NRS 338.16925 Confidentiality of documents and other information submitted in response to request for proposals. Except as otherwise provided in subsection 4 of NRS 338.1692: 1. Any document or other information submitted to a public body in response to a request for proposals pu…

NRS 338.1693 Procedure for selection of most qualified applicants; minimum number of proposals required; negotiation of contract for preconstruction services; availability of certain information to applicants and public; provision of explanation to unsuccessful applicant upon req…

NRS 338.16935 Contract between construction manager at risk and subcontractor for certain preconstruction services. 1. Notwithstanding the provisions of NRS 338.16991 and 338.16995, and subject to the provisions of subsection 2, if a public body enters into a contract with a cons…

NRS 338.1696 Negotiation of contract for construction of public work or portion thereof with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk; provision by construction manager at risk of…

NRS 338.1697 Authorized provision in contract with construction manager at risk for construction of public work or portion thereof for guaranteed maximum price. A contract entered into pursuant to NRS 338.1696 that is for a guaranteed maximum price may include a provision that au…

NRS 338.1698 Required and authorized provisions in contract for construction of public work or portion thereof awarded to construction manager at risk. A contract awarded to a construction manager at risk pursuant to NRS 338.1696: 1. Must comply with the provisions of NRS 338.020…

NRS 338.16985 Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof. A construction manager at risk who enters into a contract for the construction of a public work pursuant to NRS 338.1696: 1. Is responsible…

NRS 338.16991 Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal. 1. To be eligible to provide labor, materials or equip…

NRS 338.16995 Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Authority to enter into; procedure for awarding subcontracts of certain estimated value; substitution of subcontractor on such subcontracts; availabi…

NRS 338.1711 Contracts for which public body is required or authorized to enter into with prime contractor or design-build team. 1. Except as otherwise provided in this section and NRS 338.158 to 338.16995, inclusive, a public body shall contract with a prime contractor for the c…

NRS 338.1715 Procedure for selecting design-build team. A public body that contracts with a design-build team pursuant to NRS 338.1711 shall select the design-build team in accordance with the provisions of NRS 338.1721 to 338.1727, inclusive. (Added to NRS by 1999, 3469; A 2001,…

NRS 338.1717 Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant. A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional…

NRS 338.1718 Contract with construction manager as agent. 1. A construction manager as agent: (a) Must: (1) Be a contractor licensed pursuant to chapter 624 of NRS; (2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to …

NRS 338.1721 Qualifications of design-build team. To qualify to participate in a project for the design and construction of a public work, a design-build team must: 1. Have the ability to obtain a performance bond and payment bond as required pursuant to NRS 339.025; 2. Have the …

NRS 338.1723 Advertisement for preliminary proposals. 1. A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team. The advertisement must be published: (a) In a newspaper qualified pursuant to chapter 238 of N…

NRS 338.1725 Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information. 1. The public body shall select at least two but not more than four finalists from among the design-build teams that submitted …

NRS 338.1727 Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information. 1. After sel…

NRS 338.173 Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections. 1. The State Board of Architecture, Interior…

NRS 338.175 Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect. A public body shall notify the State Board of Architecture, Interior Design and Residential Design or the State Board of Lands…

NRS 338.176 Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor. A public body shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor: 1. Submits…

NRS 338.177 Lease of property acquired by local government for public work pending completion of public work. 1. Real property acquired by a governing body for a public work may be leased, pending the completion of the public work but for not more than 5 years, upon such terms an…

NRS 338.180 Accommodation of persons with physical handicap or disability; specific requirements relating to single-stall restrooms available to public; verification of conformity with requirements; enforcement. 1. The Legislature of the State of Nevada declares that: (a) The pri…

NRS 338.185 Public body to reimburse contractor for certain costs of locating underground facility of public utility. If a public body directs a contractor to locate the facility of a public utility placed underground on the site of a public work, the public body shall reimburse …

NRS 338.1908 Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. 1. The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and struc…