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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public works; exempting the state public works board from the competitive bidding process for awarding certain contracts; revising the duties of the manager of the board; authorizing the manager of the board to charge fees for certain services; authorizing the manager of the board to delegate certain powers; clarifying that the board is the final authority to review certain plans and conduct certain inspections with regard to construction on certain buildings; and providing other matters properly relating thereto.

 

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 NRS

1-3 338.1906 and 338.1907, an agency or political subdivision of the state, or a

1-4 public officer, public employee or other person responsible for awarding a

1-5 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 exceeds

1-7 $100,000, unless it advertises in a newspaper of general circulation in the

1-8 state for bids for the project; or

1-9 (b) Divide such a project into separate portions to avoid the

1-10 requirements of paragraph (a).

1-11 2. Except as otherwise provided in subsection 6, a public body that

1-12 maintains a list of properly licensed contractors who are interested in

1-13 receiving offers to bid on public works projects for which the estimated

1-14 cost is more than $25,000 but less than $100,000 shall solicit bids from not

1-15 more than three of the contractors on the list for a contract of that value for

1-16 the construction, alteration or repair of a public work. The public body

2-1 shall select contractors from the list in such a manner as to afford each

2-2 contractor an equal opportunity to bid on a public works project. A

2-3 properly licensed contractor must submit a written request annually to the

2-4 public body to remain on the list. Offers for bids which are made pursuant

2-5 to this subsection must be sent by certified mail.

2-6 3. Approved plans and specifications for the bids must be on file at a

2-7 place and time stated in the advertisement for the inspection of all persons

2-8 desiring to bid thereon and for other interested persons. Contracts for the

2-9 project must be awarded on the basis of bids received.

2-10 4. Any or all bids received in response to an advertisement for bids

2-11 may be rejected if the person responsible for awarding the contract

2-12 determines that:

2-13 (a) The bidder is not responsive or responsible;

2-14 (b) The quality of the services, materials, equipment or labor offered

2-15 does not conform to the approved plan or specifications; or

2-16 (c) The public interest would be served by such a rejection.

2-17 5. Before an agency or political subdivision of the state may commence

2-18 a project subject to the provisions of this section, based upon a

2-19 determination that the public interest would be served by rejecting any bids

2-20 received in response to an advertisement for bids, it shall prepare and make

2-21 available for public inspection a written statement containing:

2-22 (a) A list of all persons, including supervisors, who the agency or

2-23 political subdivision intends to assign to the project, together with their

2-24 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 subdivision

2-26 intends to use on the project, together with an estimate of the number of

2-27 hours each item of equipment will be used and the hourly cost to use each

2-28 item of equipment;

2-29 (c) An estimate of the cost of administrative support for the persons

2-30 assigned to the project;

2-31 (d) An estimate of the total cost of the project; and

2-32 (e) An estimate of the amount of money the agency or political

2-33 subdivision expects to save by rejecting the bids and performing the project

2-34 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 and

2-38 maintenance of highways subject to NRS 408.323 or 408.327;

2-39 (c) Normal maintenance of the property of a school district; [or]

2-40 (d) The Las Vegas Valley water district created pursuant to chapter 167,

2-41 Statutes of Nevada 1947 [.] ; or

2-42 (e) The state public works board when selecting a contractor pursuant

2-43 to NRS 341.161.

3-1 Sec. 2. NRS 338.143 is hereby amended to read as follows:

3-2 338.143 1. Except as otherwise provided in subsection 6, an agency

3-3 or political subdivision of the state, or a public officer, public employee or

3-4 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 exceeds

3-7 $100,000, unless it advertises in a newspaper of general circulation in the

3-8 state for bids for the project; or

3-9 (b) Divide such a project into separate portions to avoid the

3-10 requirements of paragraph (a).

3-11 2. Except as otherwise provided in subsection 6, a public body that

3-12 maintains a list of properly licensed contractors who are interested in

3-13 receiving offers to bid on public works projects for which the estimated

3-14 cost is more than $25,000 but less than $100,000 shall solicit bids from not

3-15 more than three of the contractors on the list for a contract of that value for

3-16 the construction, alteration or repair of a public work. The public body

3-17 shall select contractors from the list in such a manner as to afford each

3-18 contractor an equal opportunity to bid on a public works project. A

3-19 properly licensed contractor must submit a written request annually to the

3-20 public body to remain on the list. Offers for bids which are made pursuant

3-21 to this subsection must be sent by certified mail.

3-22 3. Approved plans and specifications for the bids must be on file at a

3-23 place and time stated in the advertisement for the inspection of all persons

3-24 desiring to bid thereon and for other interested persons. Contracts for the

3-25 project must be awarded on the basis of bids received.

3-26 4. Any or all bids received in response to an advertisement for bids

3-27 may be rejected if the person responsible for awarding the contract

3-28 determines that:

3-29 (a) The bidder is not responsive or responsible;

3-30 (b) The quality of the services, materials, equipment or labor offered

3-31 does not conform to the approved plan or specifications; or

3-32 (c) The public interest would be served by such a rejection.

3-33 5. Before an agency or political subdivision of the state may commence

3-34 a project subject to the provisions of this section, based upon a

3-35 determination that the public interest would be served by rejecting any bids

3-36 received in response to an advertisement for bids, it shall prepare and make

3-37 available for public inspection a written statement containing:

3-38 (a) A list of all persons, including supervisors, who the agency or

3-39 political subdivision intends to assign to the project, together with their

3-40 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 subdivision

3-42 intends to use on the project, together with an estimate of the number of

4-1 hours each item of equipment will be used and the hourly cost to use each

4-2 item of equipment;

4-3 (c) An estimate of the cost of administrative support for the persons

4-4 assigned to the project;

4-5 (d) An estimate of the total cost of the project; and

4-6 (e) An estimate of the amount of money the agency or political

4-7 subdivision expects to save by rejecting the bids and performing the project

4-8 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 and

4-12 maintenance of highways subject to NRS 408.323 or 408.327;

4-13 (c) Normal maintenance of the property of a school district; [or]

4-14 (d) The Las Vegas Valley water district created pursuant to chapter 167,

4-15 Statutes of Nevada 1947 [.] ; or

4-16 (e) The state public works board when selecting a contractor pursuant

4-17 to NRS 341.161.

4-18 Sec. 3. NRS 341.100 is hereby amended to read as follows:

4-19 341.100 1. The board may appoint a manager. The manager, with the

4-20 approval of the board, may appoint a deputy for professional services and a

4-21 deputy for administrative, fiscal and constructional services. In addition,

4-22 the manager may appoint such other technical and clerical assistants as may

4-23 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 the

4-25 state. Except as otherwise provided in NRS 284.143, the manager and each

4-26 deputy shall devote his entire time and attention to the business of his office

4-27 and shall not pursue any other business or occupation or hold any other

4-28 office of profit.

4-29 3. The manager and his deputy for professional services must each be a

4-30 licensed professional engineer pursuant to the provisions of chapter 625 of

4-31 NRS or an architect registered pursuant to the provisions of chapter 623 of

4-32 NRS. The deputy manager for administrative, fiscal and constructional

4-33 services must have a comprehensive knowledge of principles of

4-34 administration and a working knowledge of principles of engineering or

4-35 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 recommended

4-41 priority for proposed capital improvement projects and provide the board

4-42 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 of

5-4 completed projects.

5-5 (g) Advise the board and the legislature, or the interim finance

5-6 committee if the legislature is not in session, on a monthly basis of the

5-7 progress of all public works projects which are a part of the approved

5-8 capital improvement program.

5-9 5. The manager is ex officio the state building officer, and when

5-10 acting in that capacity, shall:

5-11 (a) Review and approve the architecture, plans, designs, types of

5-12 construction and major repairs of; and

5-13 (b) Supervise and inspect such construction and repairs of,

5-14 buildings constructed on state property or for which money has been

5-15 appropriated by the legislature, except buildings excluded pursuant to

5-16 subsection 1 of NRS 341.141. Except as otherwise provided in subsection

5-17 6 of NRS 341.145, the state building officer may charge a reasonable fee

5-18 for services performed pursuant to this subsection. The state building

5-19 officer may delegate the powers conferred pursuant to this subsection to

5-20 a political subdivision of this state.

5-21 Sec. 4. NRS 341.145 is hereby amended to read as follows:

5-22 341.145 The board:

5-23 1. After consulting with the interim finance committee, has final

5-24 authority for approval as to the architecture , [of all buildings,] plans,

5-25 designs, types of construction, and major repairs of buildings constructed

5-26 on state property or for which money has been appropriated by the

5-27 legislature, except buildings excluded pursuant to subsection 1 of NRS

5-28 341.141, and for approval of designs of landscaping [.] for property upon

5-29 which such buildings are located.

5-30 2. Shall determine whether any rebates are available from a public

5-31 utility for installing devices in any state building which are designed to

5-32 decrease the use of energy in the building. If such a rebate is available, the

5-33 board shall apply for the rebate.

5-34 3. Shall solicit bids for and let all contracts for new construction or

5-35 major repairs.

5-36 4. May negotiate with the lowest responsible bidder on any contract to

5-37 obtain a revised bid if:

5-38 (a) The bid is less than the appropriation made by the legislature for that

5-39 building project; and

5-40 (b) The bid does not exceed the relevant budget item for that building

5-41 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 and

6-2 major repairs. The cost of supervision and inspection must be financed

6-3 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 the

6-6 awarded contract price.

6-7 (b) Not to exceed in the aggregate 10 percent of the total awarded

6-8 contract price, where the change represents an increase in that price.

6-9 8. Has final authority to accept each building as completed or to

6-10 require necessary alterations to conform to the contract, and to file the

6-11 notice of completion.

6-12 Sec. 5. NRS 341.161 is hereby amended to read as follows:

6-13 341.161 1. The board may [, with the approval of the interim finance

6-14 committee when the legislature is not in regular or special session, or with

6-15 the approval of the legislature by concurrent resolution when the legislature

6-16 is in regular or special session,] let to a contractor licensed under chapter

6-17 624 of NRS a contract for services which assist the architect in the design

6-18 of a project of capital improvement. The board shall for that purpose

6-19 participate in the development of plans, outlines of specifications and

6-20 estimates of costs.

6-21 2. The board shall adopt regulations establishing procedures for:

6-22 (a) The determination of the qualifications of contractors [to bid] for

6-23 contracts for services described in subsection 1.

6-24 (b) The [bidding and] awarding of such contracts, subject to the

6-25 provisions of subsection 3.

6-26 (c) The awarding of construction contracts, subject to the provisions of

6-27 subsection 4, based on a final cost of the project which the contractor

6-28 guarantees will not be exceeded.

6-29 (d) The scheduling and controlling of projects.

6-30 3. [Bids on contracts] Contracts for services which assist the architect

6-31 in the design of a project of capital improvement must state separately the

6-32 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 to [bid] compete for a

6-38 contract for services described in subsection 1; and

6-39 (b) Awarded that contract,

6-40 is entitled to be awarded the construction contract for the project if his

6-41 work under the contract for services is satisfactory to the board and he

6-42 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 pursuant

7-2 to subsection 1 is a contractor subject to all provisions pertaining to a

7-3 contractor in Title 28 of NRS.

7-4 Sec. 6. NRS 477.030 is hereby amended to read as follows:

7-5 477.030 1. Except as otherwise provided in this section, the state fire

7-6 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 from

7-12 mental and penal institutions, facilities for the care of children, foster

7-13 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 public

7-16 assembly and all other buildings where large numbers of persons work, live

7-17 or congregate for any purpose. As used in this paragraph, "public

7-18 assembly" means a building or a portion of a building used for the

7-19 gathering together of 50 or more persons for purposes of deliberation,

7-20 education, instruction, worship, entertainment, amusement or awaiting

7-21 transportation, or the gathering together of 100 or more persons in

7-22 establishments for drinking or dining.

7-23 (e) The suppression and punishment of arson and fraudulent claims or

7-24 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, his

7-27 authority to enforce them or conduct investigations under this chapter is

7-28 limited to those counties whose population is less than 35,000, except in

7-29 those local jurisdictions in other counties where he is requested to exercise

7-30 that authority by the chief officer of the organized fire department of that

7-31 jurisdiction.

7-32 2. The state fire marshal may set standards for equipment and

7-33 appliances pertaining to fire safety or to be used for fire protection within

7-34 this state, including the threads used on fire hose couplings and hydrant

7-35 fittings.

7-36 3. The state fire marshal shall cooperate with the state forester

7-37 firewarden in the preparation of regulations relating to standards for fire

7-38 retardant roofing materials pursuant to paragraph (e) of subsection 1 of

7-39 NRS 472.040.

7-40 4. The state fire marshal shall cooperate with the division of child and

7-41 family services of the department of human resources in establishing

7-42 reasonable minimum standards for overseeing the safety of and directing

8-1 the means and adequacy of exit in case of fire from family foster homes and

8-2 group foster homes.

8-3 5. The state fire marshal shall coordinate all activities conducted

8-4 pursuant to [the Fire Research and Safety Act of 1968,] 15 U.S.C. §§ [278f

8-5 and 278g,] 2201 et seq., and receive and distribute money allocated by the

8-6 United States pursuant to [that act.] those provisions.

8-7 6. Except as otherwise provided in subsection 10, the state fire marshal

8-8 shall:

8-9 (a) Investigate any fire which occurs in a county whose population is

8-10 less than 35,000, and from which a death results or which is of a suspicious

8-11 nature.

8-12 (b) Investigate any fire which occurs in a county whose population is

8-13 35,000 or more, and from which a death results or which is of a suspicious

8-14 nature, if requested to do so by the chief officer of the fire department in

8-15 whose jurisdiction the fire occurs.

8-16 (c) Cooperate with the commissioner of insurance in any investigation of

8-17 a fraudulent claim under an insurance policy for any fire of a suspicious

8-18 nature.

8-19 (d) Cooperate with any local fire department in the investigation of any

8-20 report received pursuant to NRS 629.045.

8-21 (e) Provide specialized training in investigating the causes of fires if

8-22 requested to do so by the chief officer of an organized fire department.

8-23 7. The state fire marshal shall put the [Uniform] National Fire Incident

8-24 Reporting System into effect throughout the state and publish at least

8-25 annually a summary of data collected under the system.

8-26 8. The state fire marshal shall provide assistance and materials to local

8-27 authorities, upon request, for the establishment of programs for public

8-28 education and other fire prevention activities.

8-29 9. The state fire marshal shall:

8-30 (a) Assist in checking plans and specifications for construction [;] ,

8-31 except for plans and specifications for the construction of a building for

8-32 which the state public works board has final authority for approval

8-33 pursuant to NRS 341.145;

8-34 (b) Provide specialized training to local fire departments; and

8-35 (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 fire

8-38 marshal shall, upon request by a local government, delegate to the local

8-39 government by interlocal agreement all or a portion of his authority or

8-40 duties if the local government’s personnel and programs are, as determined

8-41 by the state fire marshal, equally qualified to perform those functions. If a

8-42 local government fails to maintain the qualified personnel and programs in

9-1 accordance with such an agreement, the state fire marshal shall revoke the

9-2 agreement.

9-3 Sec. 7. 1. This section and sections 3 to 6, inclusive, of this act

9-4 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.

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