Assembly Bill No. 418–Assemblyman Perkins

 

March 17, 2003

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Privatizes construction management duties of State Public Works Board. (BDR 28‑1189)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the State Public Works Board: requiring the State Public Works Board to contract with a private business for the management of certain construction and major repairs of projects of the Board; 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 341.145 is hereby amended to read as follows:

1-2  341.145  The Board:

1-3  1.  Has final authority to approve the architecture of all

1-4  buildings, plans, designs, types of construction, major repairs and

1-5  designs of landscaping.

1-6  2.  Shall determine whether any rebates are available from a

1-7  public utility for installing devices in any state building which are

1-8  designed to decrease the use of energy in the building. If such a

1-9  rebate is available, the Board shall apply for the rebate.

1-10      3.  Shall solicit bids for and let all contracts for new

1-11  construction or major repairs.

1-12      4.  May negotiate with the lowest responsible and responsive

1-13  bidder on any contract to obtain a revised bid if:

1-14      (a) The bid is less than the appropriation made by the

1-15  Legislature for that building project; and

2-1  (b) The bid does not exceed the relevant budget item for that

2-2  building project as established by the Board by more than 10

2-3  percent.

2-4  5.  May reject any or all bids.

2-5  6.  After the contract is let, shall solicit bids for a contract for a

2-6  person or business to supervise and inspect the construction and

2-7  major repairs. The Board shall award and execute the contract as

2-8  soon as practicable after the contract for the construction or major

2-9  repair is let. The cost of the contract for supervision and inspection

2-10  must be financed from the capital construction program approved by

2-11  the Legislature.

2-12      7.  Shall obtain approval from the Interim Finance Committee

2-13  when the Legislature is not in regular or special session, or from the

2-14  Legislature by concurrent resolution when the Legislature is in

2-15  regular or special session, for any change in the scope of the design

2-16  or construction of a project as that project was authorized by the

2-17  Legislature. The Board shall adopt by regulation criteria for

2-18  determining whether a change in the scope of the design or

2-19  construction of a project requires such approval.

2-20      8.  May authorize change orders, before or during construction:

2-21      (a) In any amount, where the change represents a reduction in

2-22  the awarded contract price.

2-23      (b) Not to exceed in the aggregate 10 percent of the total

2-24  awarded contract price, where the change represents an increase in

2-25  that price.

2-26      9.  Shall specify in any contract with a design professional the

2-27  period within which the design professional must prepare and

2-28  submit to the Board a change order that has been authorized by the

2-29  design professional. As used in this subsection, “design

2-30  professional” means a person with a professional license or

2-31  certificate issued pursuant to chapter 623, 623A or 625 of NRS.

2-32      10.  Has final authority to accept each building as completed or

2-33  to require necessary alterations to conform to the contract, and to

2-34  file the notice of completion.

2-35      Sec. 2.  This act becomes effective on July 1, 2004, and expires

2-36  by limitation on July 1, 2005.

 

2-37  H