Nevada § 338.010 - Definitions

§ 338.010. Definitions

As used in this chapter: 1. “ Authorized representative ” means a person designated by a public body to be responsible for the development,

solicitation, award or administration of contracts for public works pursuant to this

chapter. 2. “ Bona fide fringe benefit ” means a benefit in the form of a contribution that is made not less frequently than

monthly to an independent third party pursuant to a fund, plan or program: (a) Which is established for the sole and exclusive benefit of a worker and his or

her family and dependents; and (b) For which none of the assets will revert to, or otherwise be credited to, any

contributing employer or sponsor of the fund, plan or program. The term includes, without limitation, benefits for a worker that are determined pursuant

to a collective bargaining agreement and included in the determination of the prevailing

wage by the Labor Commissioner pursuant to NRS 338.030 . 3. “ Contract ” means a written contract entered into between a contractor and a public body for

the provision of labor, materials, equipment or supplies for a public work. 4. “ Contractor ” means: (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS . (b) A design-build team. 5. “ Day labor ” means all cases where public bodies, their officers, agents or employees, hire,

supervise and pay the wages thereof directly to a worker or workers employed by them

on public works by the day and not under a contract in writing. 6. “ Design-build contract ” means a contract between a public body and a design-build team in which the design-build

team agrees to design and construct a public work. 7. “ Design-build team ” means an entity that consists of: (a) At least one person who is licensed as a general engineering contractor or a general

building contractor pursuant to chapter 624 of NRS ; and (b) For a public work that consists of: (1) A building and its site, at least one person who holds a certificate of registration

to practice architecture pursuant to chapter 623 of NRS . (2) Anything other than a building and its site, at least one person who holds a certificate

of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS . 8. “ Design professional ” means: (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS ; (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS ; (c) A person who holds a certificate of registration to engage in the practice of

architecture, interior design or residential design pursuant to chapter 623 of NRS ; (d) A person who holds a certificate of registration to engage in the practice of

landscape architecture pursuant to chapter 623A of NRS ; or (e) A business entity that engages in the practice of professional engineering, land

surveying, architecture or landscape architecture. 9. “ Discrete project ” means one or more public works which are undertaken on a single construction site

for a single public body. The term does not include one or more public works that are undertaken on multiple

construction sites regardless of whether the public body which sponsors or finances

the public works bundles the public works together. 10. “ Division ” means the State Public Works Division of the Department of Administration. 11. “ Eligible bidder ” means a person who is: (a) Found to be a responsible and responsive contractor by a local government or its

authorized representative which requests bids for a public work in accordance with

paragraph (b) of subsection 1 of NRS 338.1373 ; or (b) Determined by a public body or its authorized representative which awarded a contract

for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382 . 12. “ General contractor ” means a person who is licensed to conduct business in one, or both, of the following

branches of the contracting business: (a) General engineering contracting, as described in subsection 2 of NRS 624.215 . (b) General building contracting, as described in subsection 3 of NRS 624.215 . 13. “ Governing body ” means the board, council, commission or other body in which the general legislative

and fiscal powers of a local government are vested. 14. “ Horizontal construction ” means any construction, alteration, repair, renovation, demolition or remodeling

necessary to complete a public work, including, without limitation, any irrigation,

drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport

or airway, sewer, sewage disposal plant or water treatment facility and any ancillary

vertical components thereof, bridge, inland waterway, pipeline for the transmission

of petroleum or any other liquid or gaseous substance, pier, and any other work incidental

thereto. The term does not include vertical construction, the construction of any terminal

or other building of an airport or airway, or the construction of any other building. 15. “ Local government ” means every political subdivision or other entity which has the right to levy or

receive money from ad valorem or other taxes or any mandatory assessments, and includes,

without limitation, counties, cities, towns, boards, school districts and other districts

organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of

NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget

separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local

government to serve as its authorized representative. 16. “ Offense ” means: (a) Failing to: (1) Pay the prevailing wage required pursuant to this chapter; (2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS ; (3) Provide and secure compensation for employees required pursuant to chapters 616A

to 617, inclusive, of NRS; or (4) Comply with subsection 5 or 6 of NRS 338.070 . (b) Discharging an obligation to pay wages in a manner that violates the provisions

of NRS 338.035 . 17. “ Prime contractor ” means a contractor who: (a) Contracts to construct an entire project; (b) Coordinates all work performed on the entire project; (c) Uses his or her own workforce to perform all or a part of the public work; and (d) Contracts for the services of any subcontractor or independent contractor or is

responsible for payment to any contracted subcontractors or independent contractors. The term includes, without limitation, a general contractor or a specialty contractor

who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 . 18. “ Public body ” means the State, county, city, town, school district or any public agency of this

State or its political subdivisions sponsoring or financing a public work. 19. “ Public work ” means any project for the new construction, repair or reconstruction of a project

financed in whole or in part from public money for: (a) Public buildings; (b) Jails and prisons; (c) Public roads; (d) Public highways; (e) Public streets and alleys; (f) Public utilities; (g) Publicly owned water mains and sewers; (h) Public parks and playgrounds; (i) Public convention facilities which are financed at least in part with public money;

and (j) All other publicly owned works and property. 20. “ Specialty contractor ” means a person who is licensed to conduct business as described in subsection 4

of NRS 624.215 . 21. “ Stand-alone underground utility project ” means an underground utility project that is not integrated into a larger project,

including, without limitation: (a) An underground sewer line or an underground pipeline for the conveyance of water,

including facilities appurtenant thereto; and (b) A project for the construction or installation of a storm drain, including facilities

appurtenant thereto, that is not located at the site of a public work for the design and construction of

which a public body is authorized to contract with a design-build team pursuant to

subsection 2 of NRS 338.1711 . 22. “ Subcontract ” means a written contract entered into between: (a) A contractor and a subcontractor or supplier; or (b) A subcontractor and another subcontractor or supplier, for the provision of labor, materials, equipment or supplies for a construction project. 23. “ Subcontractor ” means a person who: (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS ; and (b) Contracts with a contractor, another subcontractor or a supplier to provide labor,

materials or services for a construction project. 24. “ Supplier ” means a person who provides materials, equipment or supplies for a construction

project. 25. “ Vertical construction ” means any construction, alteration, repair, renovation, demolition or remodeling

necessary to complete a public work for any building, structure or other improvement

that is predominantly vertical, including, without limitation, a building, structure

or improvement for the support, shelter and enclosure of persons, animals, chattels

or movable property of any kind, and any other work or improvement appurtenant thereto. 26. “ Wages ” means: (a) The basic hourly rate of pay; and (b) The amount of pension, health and welfare, vacation and holiday pay, the cost

of apprenticeship training or other bona fide fringe benefits which are a benefit

to the worker. 27. “ Worker ” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker

or unskilled worker in the service of a contractor or subcontractor under any appointment

or contract of hire or apprenticeship, express or implied, oral or written, whether

lawfully or unlawfully employed. The term does not include a design professional.