Senate Bill No. 413–Senator Jacobsen (by request)
March 15, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to state public works board. (BDR 28-1042)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 338.143 is hereby amended to read as follows:1-2
338.143 1. Except as otherwise provided in subsection 6 and NRS1-3
338.1906 and 338.1907, an agency or political subdivision of the state, or a1-4
public officer, public employee or other person responsible for awarding a1-5
contract for the construction, alteration or repair of a public work, shall not:1-6
(a) Commence such a project, for which the estimated cost exceeds1-7
$100,000, unless it advertises in a newspaper of general circulation in the1-8
state for bids for the project; or1-9
(b) Divide such a project into separate portions to avoid the1-10
requirements of paragraph (a).1-11
2. Except as otherwise provided in subsection 6, a public body that1-12
maintains a list of properly licensed contractors who are interested in1-13
receiving offers to bid on public works projects for which the estimated1-14
cost is more than $25,000 but less than $100,000 shall solicit bids from not1-15
more than three of the contractors on the list for a contract of that value for1-16
the construction, alteration or repair of a public work. The public body2-1
shall select contractors from the list in such a manner as to afford each2-2
contractor an equal opportunity to bid on a public works project. A2-3
properly licensed contractor must submit a written request annually to the2-4
public body to remain on the list. Offers for bids which are made pursuant2-5
to this subsection must be sent by certified mail.2-6
3. Approved plans and specifications for the bids must be on file at a2-7
place and time stated in the advertisement for the inspection of all persons2-8
desiring to bid thereon and for other interested persons. Contracts for the2-9
project must be awarded on the basis of bids received.2-10
4. Any or all bids received in response to an advertisement for bids2-11
may be rejected if the person responsible for awarding the contract2-12
determines that:2-13
(a) The bidder is not responsive or responsible;2-14
(b) The quality of the services, materials, equipment or labor offered2-15
does not conform to the approved plan or specifications; or2-16
(c) The public interest would be served by such a rejection.2-17
5. Before an agency or political subdivision of the state may commence2-18
a project subject to the provisions of this section, based upon a2-19
determination that the public interest would be served by rejecting any bids2-20
received in response to an advertisement for bids, it shall prepare and make2-21
available for public inspection a written statement containing:2-22
(a) A list of all persons, including supervisors, who the agency or2-23
political subdivision intends to assign to the project, together with their2-24
classifications and an estimate of the direct and indirect costs of their labor;2-25
(b) A list of all equipment that the agency or political subdivision2-26
intends to use on the project, together with an estimate of the number of2-27
hours each item of equipment will be used and the hourly cost to use each2-28
item of equipment;2-29
(c) An estimate of the cost of administrative support for the persons2-30
assigned to the project;2-31
(d) An estimate of the total cost of the project; and2-32
(e) An estimate of the amount of money the agency or political2-33
subdivision expects to save by rejecting the bids and performing the project2-34
itself.2-35
6. This section does not apply to:2-36
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;2-37
(b) Any work of construction, reconstruction, improvement and2-38
maintenance of highways subject to NRS 408.323 or 408.327;2-39
(c) Normal maintenance of the property of a school district;2-40
(d) The Las Vegas Valley water district created pursuant to chapter 167,2-41
Statutes of Nevada 19472-42
(e) The state public works board when selecting a contractor pursuant2-43
to NRS 341.161.3-1
Sec. 2. NRS 338.143 is hereby amended to read as follows: 338.143 1. Except as otherwise provided in subsection 6, an agency3-3
or political subdivision of the state, or a public officer, public employee or3-4
other person responsible for awarding a contract for the construction,3-5
alteration or repair of a public work, shall not:3-6
(a) Commence such a project, for which the estimated cost exceeds3-7
$100,000, unless it advertises in a newspaper of general circulation in the3-8
state for bids for the project; or3-9
(b) Divide such a project into separate portions to avoid the3-10
requirements of paragraph (a).3-11
2. Except as otherwise provided in subsection 6, a public body that3-12
maintains a list of properly licensed contractors who are interested in3-13
receiving offers to bid on public works projects for which the estimated3-14
cost is more than $25,000 but less than $100,000 shall solicit bids from not3-15
more than three of the contractors on the list for a contract of that value for3-16
the construction, alteration or repair of a public work. The public body3-17
shall select contractors from the list in such a manner as to afford each3-18
contractor an equal opportunity to bid on a public works project. A3-19
properly licensed contractor must submit a written request annually to the3-20
public body to remain on the list. Offers for bids which are made pursuant3-21
to this subsection must be sent by certified mail.3-22
3. Approved plans and specifications for the bids must be on file at a3-23
place and time stated in the advertisement for the inspection of all persons3-24
desiring to bid thereon and for other interested persons. Contracts for the3-25
project must be awarded on the basis of bids received.3-26
4. Any or all bids received in response to an advertisement for bids3-27
may be rejected if the person responsible for awarding the contract3-28
determines that:3-29
(a) The bidder is not responsive or responsible;3-30
(b) The quality of the services, materials, equipment or labor offered3-31
does not conform to the approved plan or specifications; or3-32
(c) The public interest would be served by such a rejection.3-33
5. Before an agency or political subdivision of the state may commence3-34
a project subject to the provisions of this section, based upon a3-35
determination that the public interest would be served by rejecting any bids3-36
received in response to an advertisement for bids, it shall prepare and make3-37
available for public inspection a written statement containing:3-38
(a) A list of all persons, including supervisors, who the agency or3-39
political subdivision intends to assign to the project, together with their3-40
classifications and an estimate of the direct and indirect costs of their labor;3-41
(b) A list of all equipment that the agency or political subdivision3-42
intends to use on the project, together with an estimate of the number of4-1
hours each item of equipment will be used and the hourly cost to use each4-2
item of equipment;4-3
(c) An estimate of the cost of administrative support for the persons4-4
assigned to the project;4-5
(d) An estimate of the total cost of the project; and4-6
(e) An estimate of the amount of money the agency or political4-7
subdivision expects to save by rejecting the bids and performing the project4-8
itself.4-9
6. This section does not apply to:4-10
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;4-11
(b) Any work of construction, reconstruction, improvement and4-12
maintenance of highways subject to NRS 408.323 or 408.327;4-13
(c) Normal maintenance of the property of a school district;4-14
(d) The Las Vegas Valley water district created pursuant to chapter 167,4-15
Statutes of Nevada 19474-16
(e) The state public works board when selecting a contractor pursuant4-17
to NRS 341.161.4-18
Sec. 3. NRS 341.100 is hereby amended to read as follows: 341.100 1. The board may appoint a manager. The manager, with the4-20
approval of the board, may appoint a deputy for professional services and a4-21
deputy for administrative, fiscal and constructional services. In addition,4-22
the manager may appoint such other technical and clerical assistants as may4-23
be necessary to carry into effect the provisions of this chapter.4-24
2. The manager and his deputies are in the unclassified service of the4-25
state. Except as otherwise provided in NRS 284.143, the manager and each4-26
deputy shall devote his entire time and attention to the business of his office4-27
and shall not pursue any other business or occupation or hold any other4-28
office of profit.4-29
3. The manager and his deputy for professional services must each be a4-30
licensed professional engineer pursuant to the provisions of chapter 625 of4-31
NRS or an architect registered pursuant to the provisions of chapter 623 of4-32
NRS. The deputy manager for administrative, fiscal and constructional4-33
services must have a comprehensive knowledge of principles of4-34
administration and a working knowledge of principles of engineering or4-35
architecture as determined by the board.4-36
4. The manager shall:4-37
(a) Serve as the secretary of the board.4-38
(b) Manage the daily affairs of the board.4-39
(c) Represent the board before the legislature.4-40
(d) Prepare and submit to the board, for its approval, the recommended4-41
priority for proposed capital improvement projects and provide the board4-42
with an estimate of the cost of each project.5-1
(e) Make recommendations to the board for the selection of architects,5-2
engineers and contractors.5-3
(f) Make recommendations to the board concerning the acceptance of5-4
completed projects.5-5
(g) Advise the board and the legislature, or the interim finance5-6
committee if the legislature is not in session, on a monthly basis of the5-7
progress of all public works projects which are a part of the approved5-8
capital improvement program.5-9
5. The manager is ex officio the state building officer, and when5-10
acting in that capacity, shall:5-11
(a) Review and approve the architecture, plans, designs, types of5-12
construction and major repairs of; and5-13
(b) Supervise and inspect such construction and repairs of,5-14
buildings constructed on state property or for which money has been5-15
appropriated by the legislature, except buildings excluded pursuant to5-16
subsection 1 of NRS 341.141. Except as otherwise provided in subsection5-17
6 of NRS 341.145, the state building officer may charge a reasonable fee5-18
for services performed pursuant to this subsection. The state building5-19
officer may delegate the powers conferred pursuant to this subsection to5-20
a political subdivision of this state.5-21
Sec. 4. NRS 341.145 is hereby amended to read as follows: 341.145 The board:5-23
1. After consulting with the interim finance committee, has final5-24
authority for approval as to the architecture ,5-25
designs, types of construction, and major repairs of buildings constructed5-26
on state property or for which money has been appropriated by the5-27
legislature, except buildings excluded pursuant to subsection 1 of NRS5-28
341.141, and for approval of designs of landscaping5-29
which such buildings are located.5-30
2. Shall determine whether any rebates are available from a public5-31
utility for installing devices in any state building which are designed to5-32
decrease the use of energy in the building. If such a rebate is available, the5-33
board shall apply for the rebate.5-34
3. Shall solicit bids for and let all contracts for new construction or5-35
major repairs.5-36
4. May negotiate with the lowest responsible bidder on any contract to5-37
obtain a revised bid if:5-38
(a) The bid is less than the appropriation made by the legislature for that5-39
building project; and5-40
(b) The bid does not exceed the relevant budget item for that building5-41
project as established by the board by more than 10 percent.5-42
5. May reject any or all bids.6-1
6. After the contract is let, shall supervise and inspect construction and6-2
major repairs. The cost of supervision and inspection must be financed6-3
from the capital construction program approved by the legislature.6-4
7. May authorize change orders, before or during construction:6-5
(a) In any amount, where the change represents a reduction in the6-6
awarded contract price.6-7
(b) Not to exceed in the aggregate 10 percent of the total awarded6-8
contract price, where the change represents an increase in that price.6-9
8. Has final authority to accept each building as completed or to6-10
require necessary alterations to conform to the contract, and to file the6-11
notice of completion.6-12
Sec. 5. NRS 341.161 is hereby amended to read as follows: 341.161 1. The board may6-14
6-15
6-16
6-17
624 of NRS a contract for services which assist the architect in the design6-18
of a project of capital improvement. The board shall for that purpose6-19
participate in the development of plans, outlines of specifications and6-20
estimates of costs.6-21
2. The board shall adopt regulations establishing procedures for:6-22
(a) The determination of the qualifications of contractors6-23
contracts for services described in subsection 1.6-24
(b) The6-25
provisions of subsection 3.6-26
(c) The awarding of construction contracts, subject to the provisions of6-27
subsection 4, based on a final cost of the project which the contractor6-28
guarantees will not be exceeded.6-29
(d) The scheduling and controlling of projects.6-30
3.6-31
in the design of a project of capital improvement must state separately the6-32
contractor’s cost for:6-33
(a) Assisting the architect in the design of the project.6-34
(b) Obtaining all bids for subcontracts.6-35
(c) Administering the construction contract.6-36
4. A contractor who is:6-37
(a) Qualified under the regulations of the board to6-38
contract for services described in subsection 1; and6-39
(b) Awarded that contract,6-40
is entitled to be awarded the construction contract for the project if his6-41
work under the contract for services is satisfactory to the board and he6-42
guarantees a final cost for the project which the board is willing to accept.7-1
5. A person who furnishes services under a contract awarded pursuant7-2
to subsection 1 is a contractor subject to all provisions pertaining to a7-3
contractor in Title 28 of NRS.7-4
Sec. 6. NRS 477.030 is hereby amended to read as follows: 477.030 1. Except as otherwise provided in this section, the state fire7-6
marshal shall enforce all laws and adopt regulations relating to:7-7
(a) The prevention of fire.7-8
(b) The storage and use of combustibles, flammables and fireworks.7-9
(c) The storage and use of explosives in any commercial construction,7-10
but not in mining or the control of avalanches.7-11
(d) The safety, access, means and adequacy of exit in case of fire from7-12
mental and penal institutions, facilities for the care of children, foster7-13
homes, residential facilities for groups, facilities for intermediate care,7-14
nursing homes, hospitals, schools, all buildings, except private residences,7-15
which are occupied for sleeping purposes, buildings used for public7-16
assembly and all other buildings where large numbers of persons work, live7-17
or congregate for any purpose. As used in this paragraph, "public7-18
assembly" means a building or a portion of a building used for the7-19
gathering together of 50 or more persons for purposes of deliberation,7-20
education, instruction, worship, entertainment, amusement or awaiting7-21
transportation, or the gathering together of 100 or more persons in7-22
establishments for drinking or dining.7-23
(e) The suppression and punishment of arson and fraudulent claims or7-24
practices in connection with fire losses.7-25
The regulations of the state fire marshal apply throughout the state, but,7-26
except with respect to state-owned or state-occupied buildings, his7-27
authority to enforce them or conduct investigations under this chapter is7-28
limited to those counties whose population is less than 35,000, except in7-29
those local jurisdictions in other counties where he is requested to exercise7-30
that authority by the chief officer of the organized fire department of that7-31
jurisdiction.7-32
2. The state fire marshal may set standards for equipment and7-33
appliances pertaining to fire safety or to be used for fire protection within7-34
this state, including the threads used on fire hose couplings and hydrant7-35
fittings.7-36
3. The state fire marshal shall cooperate with the state forester7-37
firewarden in the preparation of regulations relating to standards for fire7-38
retardant roofing materials pursuant to paragraph (e) of subsection 1 of7-39
NRS 472.040.7-40
4. The state fire marshal shall cooperate with the division of child and7-41
family services of the department of human resources in establishing7-42
reasonable minimum standards for overseeing the safety of and directing8-1
the means and adequacy of exit in case of fire from family foster homes and8-2
group foster homes.8-3
5. The state fire marshal shall coordinate all activities conducted8-4
pursuant to8-5
8-6
United States pursuant to8-7
6. Except as otherwise provided in subsection 10, the state fire marshal8-8
shall:8-9
(a) Investigate any fire which occurs in a county whose population is8-10
less than 35,000, and from which a death results or which is of a suspicious8-11
nature.8-12
(b) Investigate any fire which occurs in a county whose population is8-13
35,000 or more, and from which a death results or which is of a suspicious8-14
nature, if requested to do so by the chief officer of the fire department in8-15
whose jurisdiction the fire occurs.8-16
(c) Cooperate with the commissioner of insurance in any investigation of8-17
a fraudulent claim under an insurance policy for any fire of a suspicious8-18
nature.8-19
(d) Cooperate with any local fire department in the investigation of any8-20
report received pursuant to NRS 629.045.8-21
(e) Provide specialized training in investigating the causes of fires if8-22
requested to do so by the chief officer of an organized fire department.8-23
7. The state fire marshal shall put the8-24
Reporting System into effect throughout the state and publish at least8-25
annually a summary of data collected under the system.8-26
8. The state fire marshal shall provide assistance and materials to local8-27
authorities, upon request, for the establishment of programs for public8-28
education and other fire prevention activities.8-29
9. The state fire marshal shall:8-30
(a) Assist in checking plans and specifications for construction8-31
except for plans and specifications for the construction of a building for8-32
which the state public works board has final authority for approval8-33
pursuant to NRS 341.145;8-34
(b) Provide specialized training to local fire departments; and8-35
(c) Assist local governments in drafting regulations and ordinances,8-36
on request or as he deems necessary.8-37
10. In a county whose population is less than 35,000, the state fire8-38
marshal shall, upon request by a local government, delegate to the local8-39
government by interlocal agreement all or a portion of his authority or8-40
duties if the local government’s personnel and programs are, as determined8-41
by the state fire marshal, equally qualified to perform those functions. If a8-42
local government fails to maintain the qualified personnel and programs in9-1
accordance with such an agreement, the state fire marshal shall revoke the9-2
agreement.9-3
Sec. 7. 1. This section and sections 3 to 6, inclusive, of this act9-4
become effective on October 1, 1999.9-5
2. Section 1 of this act expires by limitation on April 30, 2013.9-6
3. Section 2 of this act becomes effective at 12:01 a.m. on May 1,9-7
2013.~