[Rev. 11/21/2013 10:55:17 AM--2013]

CHAPTER 341 - STATE PUBLIC WORKS DIVISION

GENERAL PROVISIONS

NRS 341.010           Definitions.

NRS 341.011           “Administrator” defined.

NRS 341.013           “Board” defined.

NRS 341.014           “Department” defined.

NRS 341.0145         “Division” defined.

NRS 341.017           Creation; composition; administration of provisions.

NRS 341.019           Inapplicability of chapter to Legislative Branch; use of certain services.

STATE PUBLIC WORKS BOARD

NRS 341.020           Creation; appointment of members; vacancies.

NRS 341.041           Replacement of appointed member for failure to attend meetings.

NRS 341.050           Compensation and expenses of members.

NRS 341.060           Organization; election of officers.

NRS 341.070           Conduct of business: Rules; frequency of meetings; purposes.

NRS 341.080           Record of proceedings.

NRS 341.083           Reports and recommendations: Priority of construction; projects for capital improvements.

NRS 341.087           Adoption of certain seismic provisions and standards.

NRS 341.091           Adoption of standards and performance guidelines relating to efficient use of water and energy.

ADMINISTRATOR, DEPUTIES AND ASSISTANTS

NRS 341.100           Appointments; classification; qualifications; general duties.

NRS 341.105           Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work; penalties; contest; enforcement.

NRS 341.110           General powers and duties of Administrator; powers and duties of Board; regulations.

NRS 341.119           Delegation by Administrator of certain authority of Division to state agency.

FINANCES

NRS 341.121           Usage of grants.

NRS 341.125           Contracts with United States; receipt and expenditure of federal grants, loans and money authorized.

NRS 341.126           Authorized expenditures.

NRS 341.1265         Transfer of money from State General Fund to state building construction project accounts authorized.

GENERAL DUTIES AND POWERS

NRS 341.127           Duty to cooperate with state agencies and local planning commissions.

NRS 341.128           Duty to periodically inspect state buildings and physical plant facilities of state institutions; reports.

NRS 341.129           Duty to submit to Legislature annual report on projects of construction of state buildings financed by bonds or other obligations. [Repealed.]

NRS 341.130           Authority to participate in interstate, regional and national projects and to confer and cooperate with federal officials and entities of neighboring states.

NRS 341.140           Authority to publicize and educate concerning problems of state planning.

PLANNING, MAINTENANCE AND CONSTRUCTION OF STATE BUILDINGS

NRS 341.1405         Legislative findings and declaration concerning NRS 341.141 to 341.148, inclusive.

NRS 341.141           Engineering and architectural services to be furnished by Division for buildings constructed on state property or with legislative appropriation; exceptions.

NRS 341.142           Advance planning of project.

NRS 341.145           Powers and duties of Administrator concerning design, construction and repairs; final authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section.

NRS 341.146           Funds for projects of capital construction: Establishment; accrual of interest on and return of remaining money that has not been appropriated by Legislature for project; priority of expenditure of money from more than one source.

NRS 341.148           Advertisement for sealed bids required for projects whose estimated cost exceeds $100,000.

NRS 341.151           Calculation of final total cost of building; statement of proposed source of funding.

CONTRACTS FOR SERVICES

NRS 341.155           Contracts for consulting services by state agencies to determine and plan necessary construction work.

NRS 341.161           Contracts for services which assist Division in design and construction of projects of capital improvement.

NRS 341.166           Contracts for services which assist Division in development and review of designs, plans, specifications and estimates of costs for proposed construction projects.

_________

GENERAL PROVISIONS

      NRS 341.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 341.011 to 341.0145, inclusive, have the meanings ascribed to them in those sections.

      [Part 1:102:1937; A 1953, 11]—(NRS A 1973, 904; 2003, 2483; 2011, 2965)

      NRS 341.011  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 2011, 2965)

      NRS 341.013  “Board” defined.  “Board” means the State Public Works Board of the Division.

      (Added to NRS by 2003, 2482)

      NRS 341.014  “Department” defined.  “Department” means the Department of Administration.

      (Added to NRS by 2011, 2965)

      NRS 341.0145  “Division” defined.  “Division” means the State Public Works Division of the Department.

      (Added to NRS by 2011, 2965)

      NRS 341.017  Creation; composition; administration of provisions.

      1.  There is hereby created the State Public Works Division of the Department of Administration.

      2.  The Division consists of:

      (a) The Administrator;

      (b) The Buildings and Grounds Section;

      (c) The Public Works - Compliance and Code Enforcement Section;

      (d) The Public Works - Professional Services Section; and

      (e) The State Public Works Board.

      3.  The Division shall, subject to the administrative supervision of the Director of the Department, administer the provisions of this chapter and NRS 331.010 to 331.145, inclusive.

      (Added to NRS by 2011, 2965; A 2013, 392)

      NRS 341.019  Inapplicability of chapter to Legislative Branch; use of certain services.  The provisions of this chapter do not apply to the Legislative Branch of State Government. The Legislature may require the Division to provide the services described in NRS 341.1405 to 341.155, inclusive, for particular projects for the Legislative Branch of State Government.

      (Added to NRS by 1989, 282; A 2007, 3307)—(Substituted in revision for NRS 341.158)

STATE PUBLIC WORKS BOARD

      NRS 341.020  Creation; appointment of members; vacancies.

      1.  The State Public Works Board is hereby created.

      2.  The Board consists of the Director of the Department and six members appointed as follows:

      (a) The Governor shall appoint:

             (1) One member who has education or experience, or both, regarding the principles of engineering or architecture;

             (2) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and

             (3) Two members who are licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

      (b) The Majority Leader of the Senate shall appoint one member who is licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

      (c) The Speaker of the Assembly shall appoint one member who is licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.

      3.  Each member of the Board who is appointed serves at the pleasure of the appointing authority.

      4.  A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.

      [Part 1:102:1937; A 1953, 11]—(NRS A 1959, 92; 1973, 904; 1983, 1959; 1987, 1485; 1993, 1567; 2001, 1916; 2007, 3267; 2011, 2965)

      NRS 341.041  Replacement of appointed member for failure to attend meetings.

      1.  If an appointed member of the Board fails to attend three successive meetings of the Board, the Board shall provide notice of that fact, in writing, to the appointing authority who appointed that member.

      2.  The notice must be provided to the appointing authority within 5 days after the third successive meeting that the member fails to attend.

      3.  Upon receipt of the notice, the appointing authority may appoint a person to replace the member in the same manner as filling a vacancy on the Board.

      (Added to NRS by 2001, 1915; A 2007, 3267; 2013, 3826)

      NRS 341.050  Compensation and expenses of members.

      1.  Each appointed member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

      2.  Except as otherwise provided in this subsection, while engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from money appropriated for the use of the Board, to the extent such money is available.

      [3:102:1937; 1931 NCL § 6975.03]—(NRS A 1977, 140; 1981, 1980; 1989, 1712; 2007, 3268; 2013, 3826)

      NRS 341.060  Organization; election of officers.  Within a reasonable time after the appointment of the members of the Board, the Board shall meet upon the call of the Governor and shall organize and elect a Chair and Vice Chair from among the members appointed pursuant to NRS 341.020.

      [Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 1983, 1960; 1995, 1086; 2001, 1916)

      NRS 341.070  Conduct of business: Rules; frequency of meetings; purposes.  The Board shall:

      1.  Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.

      2.  Meet as necessary to conduct the business of the Board for the following purposes:

      (a) Submitting reports and making recommendations as required pursuant to NRS 341.083;

      (b) Adopting regulations; and

      (c) Presiding over appeals taken on the following matters:

             (1) The qualification of contractors; and

             (2) Disputes regarding contracts.

      [Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 2001, 1916; 2011, 2965)

      NRS 341.080  Record of proceedings.  The Board shall keep a record of its official actions.

      [Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]

      NRS 341.083  Reports and recommendations: Priority of construction; projects for capital improvements.

      1.  The Board shall submit reports and make recommendations relative to its findings to the Governor and to the Legislature. The Board shall particularly recommend to the Governor and to the Legislature the priority of construction of any buildings or other construction work now authorized or that may hereafter be authorized or proposed.

      2.  The Board shall submit before October 1 of each even-numbered year its recommendations for projects for capital improvements in the next biennium. The recommendations must, to the extent practicable, provide that each project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium.

      [Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS A 1987, 1486; 2007, 3273)—(Substituted in revision for NRS 341.191)

      NRS 341.087  Adoption of certain seismic provisions and standards.  For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

      1.  The seismic provisions of the International Building Code published by the International Code Council; and

      2.  Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.

      (Added to NRS by 2003, 1895)—(Substituted in revision for NRS 341.143)

      NRS 341.091  Adoption of standards and performance guidelines relating to efficient use of water and energy.

      1.  For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

      (a) Standards for the efficient use of water.

      (b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

      (c) Performance guidelines for new, remodeled and renovated buildings.

      (d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

             (1) Energy consumption.

             (2) The use of potable water.

             (3) The use of water for purposes relating to landscaping.

             (4) The disposal of solid waste.

      2.  The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

      (a) Are cost-effective over the life of the applicable project.

      (b) Produce certain threshold levels of cost savings.

      3.  In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

      (a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

      (b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

      (c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program;

      (d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

      (e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

      (f) The criteria established by the International Energy Conservation Code.

      4.  The regulations adopted pursuant to this section must include provisions for their enforcement.

      5.  As used in this section:

      (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

             (1) Agricultural crops and agricultural wastes and residues;

             (2) Wood and wood wastes and residues;

             (3) Animal wastes;

             (4) Municipal wastes; and

             (5) Aquatic plants.

      (b) “Renewable energy” means:

             (1) Biomass;

             (2) Solar energy; or

             (3) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      (Added to NRS by 2009, 2755; A 2011, 118)—(Substituted in revision for NRS 341.144)

ADMINISTRATOR, DEPUTIES AND ASSISTANTS

      NRS 341.100  Appointments; classification; qualifications; general duties.

      1.  The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.

      2.  The Administrator shall appoint:

      (a) A Deputy Administrator of the Public Works - Professional Services Section; and

      (b) A Deputy Administrator of the Buildings and Grounds Section.

Ê Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

      3.  The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.

      4.  The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

      5.  The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

      6.  The Administrator and the Deputy Administrator of the Public Works - Professional Services Section must each be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

      7.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

      8.  The Administrator shall:

      (a) Serve as the Secretary of the Board.

      (b) Manage the daily affairs of the Division.

      (c) Represent the Board and the Division before the Legislature.

      (d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

      (e) Select architects, engineers and contractors.

      (f) Accept completed projects.

      (g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

             (1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

             (2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

             (3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

             (4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

      (h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      9.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:

      (a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and

      (b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942, 449.345, 455C.115, 461.173, 472.105 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.

      [Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04] + [22:295:1953; A 1955, 525]—(NRS A 1959, 787; 1960, 394; 1961, 655; 1963, 1331; 1965, 703; 1967, 1494; 1971, 166, 1431; 1981, 1278; 1983, 1960; 1987, 1485; 1991, 673; 1995, 2312; 1997, 1067; 2001, 1443; 2003, 2483; 2007, 3268; 2011, 2966, 3572; 2013, 392)

      NRS 341.105  Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work; penalties; contest; enforcement.

      1.  When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

      2.  If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.

      3.  Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      4.  In addition to the criminal penalty set forth in subsection 3, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.

      5.  If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.

      6.  If a person refuses to comply with an order issued pursuant to subsection 1, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.

      7.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board or the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.

      8.  As used in this section, “person” includes a government and a governmental subdivision, agency or instrumentality.

      (Added to NRS by 2003, 2482; A 2007, 3269; 2011, 2967; 2013, 394)

      NRS 341.110  General powers and duties of Administrator; powers and duties of Board; regulations.

      1.  In general, the Administrator shall have such powers as may be necessary to enable him or her to fulfill his or her functions and to carry out the purposes of this chapter.

      2.  The Administrator shall:

      (a) Adopt such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Buildings and Grounds Section; and

      (b) Recommend to the Board the adoption of such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.

      3.  The Board shall:

      (a) Consider the recommendations of the Administrator when adopting regulations; and

      (b) Adopt such regulations as it determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.

      [Part 6:102:1937; 1931 NCL § 6975.06]—(NRS A 2011, 2968; 2013, 395)

      NRS 341.119  Delegation by Administrator of certain authority of Division to state agency.

      1.  Except as otherwise provided in this subsection, upon the request of the head of a state agency, the Administrator may delegate to that agency any of the authority granted the Division pursuant to NRS 341.141 to 341.148, inclusive. The Administrator shall not delegate the powers described in subsection 2 of NRS 341.145.

      2.  This section does not limit any of the authority of the Legislature when the Legislature is in regular or special session or the Interim Finance Committee when the Legislature is not in regular or special session to consult with the Division concerning a construction project or to approve the advance planning of a project.

      (Added to NRS by 1987, 926; A 2009, 2756; 2011, 2968)

FINANCES

      NRS 341.121  Usage of grants.  The Division may, with the approval of the Interim Finance Committee when the Legislature is not in regular or special session, or with the approval of the Legislature, by concurrent resolution, when the Legislature is in regular or special session, use grants of money received under authority of this chapter, unless otherwise limited by the conditions of any such grant, for:

      1.  The design and construction of public buildings or projects for which no appropriation has been made by the Legislature, or the acquisition of real property for such buildings or projects, or both.

      2.  Additional acquisition, design and construction costs on public buildings or projects, through appropriate contract procedures, for which the original legislative appropriation made no provision.

      (Added to NRS by 1971, 774; A 1977, 162)

      NRS 341.125  Contracts with United States; receipt and expenditure of federal grants, loans and money authorized.  The Division is authorized to contract in the name of the State of Nevada with the United States or any of its agencies or instrumentalities, and to receive and expend by grant, loan or otherwise funds which may be made available by the United States or any of its agencies or instrumentalities.

      (Added to NRS by 1961, 729)

      NRS 341.126  Authorized expenditures.

      1.  Except as otherwise provided in subsections 2 and 3, the Division may make expenditures necessary to carry into effect the purposes of its acts.

      2.  All expenditures made by the Division must be within the limits of the appropriation provided for the use of the Division, or provided from money appropriated or authorized for expenditure by the Legislature for construction work or major repairs.

      3.  The Division may, with the prior approval of the Interim Finance Committee, expend money obtained from any source for advance planning of projects of capital improvement. For the purposes of this subsection, “advance planning” means the preparation of floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project.

      [Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 1981, 1201; 2007, 3268)—(Substituted in revision for NRS 341.090)

      NRS 341.1265  Transfer of money from State General Fund to state building construction project accounts authorized.  Whenever properly approved claims payable out of a particular state building construction project account exceed the amount that is available in such project account, if the project is one which is financed in part by funds that are made available to the Division by the United States or any of its agencies or instrumentalities, the State Controller may transfer temporarily from the General Fund to such project account such amount as may be required to pay such claims, but not more than 50 percent of the funds collectible from the United States for the particular project.

      (Added to NRS by 1969, 60)—(Substituted in revision for NRS 341.095)

GENERAL DUTIES AND POWERS

      NRS 341.127  Duty to cooperate with state agencies and local planning commissions.  The Division shall:

      1.  Cooperate with other departments and agencies of the State in their planning efforts.

      2.  Advise and cooperate with municipal, county and other local planning commissions within the State to promote coordination between the State and the local plans and developments.

      3.  Cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      [Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS A 1995, 420; 1997, 3157; 2003, 638; 2011, 2972)—(Substituted in revision for NRS 341.211)

      NRS 341.128  Duty to periodically inspect state buildings and physical plant facilities of state institutions; reports.  The Division shall inspect all state buildings periodically, including all buildings at the University of Nevada, Reno, and at the University of Nevada, Las Vegas, and all physical plant facilities at all state institutions. Reports of all inspections, including findings and recommendations, must be submitted to the appropriate state agencies and, if the Division finds any matter of serious concern in a report, it shall submit that report to the Legislative Commission.

      (Added to NRS by 1963, 1391; A 1969, 1431; 1979, 712)—(Substituted in revision for NRS 341.201)

      NRS 341.129  Duty to submit to Legislature annual report on projects of construction of state buildings financed by bonds or other obligations.  Repealed. (See chapter 111, Statutes of Nevada 2013, at page 398.)

 

      NRS 341.130  Authority to participate in interstate, regional and national projects and to confer and cooperate with federal officials and entities of neighboring states.  The Division is authorized:

      1.  To participate in interstate, regional and national planning projects for the purpose of conserving and promoting public health and the safety, convenience and general welfare of the people.

      2.  Through its Board or its staff, to confer and cooperate with federal officials and with the executive, legislative or planning authorities of neighboring states and of the counties and municipalities of such states.

      [Part 6:102:1937; 1931 NCL § 6975.06]

      NRS 341.140  Authority to publicize and educate concerning problems of state planning.  The Division is authorized to use all reasonable means to promote public interest in the problems of state planning, and to that end may publish and distribute copies of its reports and may employ other lawful means of publicity and education.

      [Part 6:102:1937; 1931 NCL § 6975.06]

PLANNING, MAINTENANCE AND CONSTRUCTION OF STATE BUILDINGS

      NRS 341.1405  Legislative findings and declaration concerning NRS 341.141 to 341.148, inclusive.

      1.  The Legislature hereby finds as facts:

      (a) That the planning, maintenance and construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.

      (b) That this planning, maintenance and construction involves the expenditure of large amounts of public money which, whatever their particular constitutional, statutory or governmental source, involve a public trust.

      (c) That the application by state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.

      2.  The Legislature therefore declares it to be the policy of this State that all planning, maintenance and construction of buildings upon property of the State or held in trust for any division of the State Government be supervised by, and final authority for its completion and acceptance vested in, the Division as provided in NRS 341.141 to 341.148, inclusive.

      (Added to NRS by 1965, 682; A 1973, 905; 1985, 60; 2003, 2485; 2009, 2756; 2011, 2970)—(Substituted in revision for NRS 341.153)

      NRS 341.141  Engineering and architectural services to be furnished by Division for buildings constructed on state property or with legislative appropriation; exceptions.

      1.  The Division shall furnish engineering and architectural services to the Nevada System of Higher Education and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except:

      (a) Buildings used in maintaining highways;

      (b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made:

             (1) In state parks by the State Department of Conservation and Natural Resources; or

             (2) By the Department of Wildlife; and

      (c) Buildings on property controlled by other state agencies if the Administrator has delegated his or her authority in accordance with NRS 341.119.

Ê The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.

      2.  The services must consist of:

      (a) Preliminary planning;

      (b) Designing;

      (c) Estimating of costs; and

      (d) Preparation of detailed plans and specifications.

      [Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS A 1961, 713; 1965, 682; 1969, 114; 1971, 841; 1973, 904; 1977, 7; 1981, 57, 1201; 1983, 1960; 1985, 59; 1987, 926; 1993, 393, 520; 1995, 529; 2003, 605)

      NRS 341.142  Advance planning of project.  The Division may, with the prior approval of the Interim Finance Committee, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The Division may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the Division considers it desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the Legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the Legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the Legislature.

      (Added to NRS by 1985, 57; A 2007, 3270)

      NRS 341.145  Powers and duties of Administrator concerning design, construction and repairs; final authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section.

      1.  The Administrator:

      (a) Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the Administrator shall apply for the rebate.

      (b) Shall solicit bids for and let all contracts for new construction or major repairs.

      (c) May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if:

             (1) The bid is less than the appropriation made by the Legislature for that building project; and

             (2) The bid does not exceed the relevant budget item for that building project as established by the Administrator by more than 10 percent.

      (d) May reject any or all bids.

      (e) After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature.

      (f) Shall obtain prior approval from the Interim Finance Committee before authorizing any change in the scope of the design or construction of a project as that project was authorized by the Legislature, if the change increases or decreases the total square footage or cost of the project by 10 percent or more.

      (g) Except for changes that require prior approval pursuant to paragraph (f), may authorize change orders, before or during construction:

             (1) In any amount, where the change represents a reduction in the total awarded contract price.

             (2) Except as otherwise provided in subparagraph (3), not to exceed in the aggregate 15 percent of the total awarded contract price, where the change represents an increase in that price.

             (3) In any amount, where the total awarded contract price is less than $50,000 and the change represents an increase not exceeding the amount of the total awarded contract price.

             (4) In any amount, where additional money was authorized or appropriated by the Legislature and issuing a new contract would not be in the best interests of the State.

      (h) Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the Administrator a change order that has been authorized by the design professional. As used in this paragraph, “design professional” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

      (i) Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract, and to file the notice of completion for the building or structure.

      (j) Shall obtain prior approval from the Legislature or the Interim Finance Committee, if the Legislature is not in session, before cancelling a project authorized by the Legislature or delaying the commencement or completion of such a project beyond the period for which money for the project was authorized.

      2.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section, when acting as building official pursuant to subsection 9 of NRS 341.100, has the final authority in:

      (a) Requiring necessary alterations to conform to any building codes adopted by the Board; and

      (b) Issuing a certificate of occupancy for a building or structure.

      3.  In acting upon a proposed change in the scope of the design or construction of a project pursuant to paragraph (f) of subsection 1 or a proposed cancellation or delay of a project pursuant to paragraph (j) of subsection 1, the Interim Finance Committee shall consider, among other things:

      (a) The reason provided by the Administrator for the proposed change in the scope of the design or construction or the cancellation or delay of the project;

      (b) The current need for the project; and

      (c) The intent of the Legislature in originally approving the project.

      (Added to NRS by 1985, 58; A 1995, 382; 2001, 1916; 2003, 2484; 2007, 3271; 2011, 31, 2969; 2013, 395)

      NRS 341.146  Funds for projects of capital construction: Establishment; accrual of interest on and return of remaining money that has not been appropriated by Legislature for project; priority of expenditure of money from more than one source.

      1.  The Division shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the Legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the Division.

      2.  If a state department, board, commission or agency provides to the Division money that has not been appropriated by the Legislature for a capital improvement project, any interest earned on that money accrues to the benefit of the project. Upon a determination by the Administrator that the project is completed, the Division shall return any principal and interest remaining on that money to the department, board, commission or agency that had provided the money to the Division.

      3.  Except as otherwise provided in subsection 4, if the money actually received by the Division for a capital improvement project includes money from more than one source, the money must be expended in the following order:

      (a) Money received for the project from the Federal Government;

      (b) Money generated by the state department, board, commission or agency for whom the project is being performed;

      (c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project;

      (d) Except as otherwise provided in paragraphs (e), (f) and (g), money received for the project from any other source;

      (e) Money from the issuance of general obligation bonds;

      (f) Money from the State Highway Fund; and

      (g) Money from the State General Fund.

      4.  The provisions of subsection 3 do not apply if the receipt of any money from the Federal Government for the project is conditioned upon a different order of expenditure.

      (Added to NRS by 1985, 58; A 2003, 2485; 2007, 3272; 2011, 2970)

      NRS 341.148  Advertisement for sealed bids required for projects whose estimated cost exceeds $100,000.  The Division shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project whose estimated cost is more than $100,000. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The Division may accept bids on either the whole or a part of the construction, equipment and furnishings of a construction project and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result to this State.

      (Added to NRS by 1985, 58; A 1989, 968; 2001, 1917; 2003, 2000, 2485)

      NRS 341.151  Calculation of final total cost of building; statement of proposed source of funding.

      1.  The Division shall provide for a system of accounting for the total costs of state buildings throughout their expected useful life, taking into account all expenses of maintenance and operation.

      2.  Each proposal for the construction of a state building must include:

      (a) Figures showing the final total cost of the building, which is the sum of:

             (1) Initial construction costs; and

             (2) Operating costs for the expected useful life of the building, including maintenance, heating, lighting and air-conditioning; and

      (b) A statement of the proposed source of funding for the final total cost of the building.

      (Added to NRS by 1977, 276; A 1997, 2486; 2013, 396)

CONTRACTS FOR SERVICES

      NRS 341.155  Contracts for consulting services by state agencies to determine and plan necessary construction work.  With the concurrence of the Administrator, the Board of Regents of the University of Nevada and any other state department, board or commission may enter into agreements with persons, associations or corporations to provide consulting services to determine and plan the construction work that may be necessary to meet the needs of the programs of those agencies. These contracts must be for a term not exceeding 5 years and must provide for payment of a fee for those services not to exceed one-half of 1 percent of the total value of:

      1.  In the case of the Nevada System of Higher Education, building construction contracts relating to the construction of a branch or facility within the Nevada System of Higher Education; and

      2.  In the case of another state department, board or commission, all construction contracts relating to construction for that agency,

Ê during the term and in the area covered by the contract.

      (Added to NRS by 1965, 682; A 1967, 1119; 1969, 1431; 1973, 906; 1993, 393; 2011, 2971)

      NRS 341.161  Contracts for services which assist Division in design and construction of projects of capital improvement.

      1.  The Administrator may let to a contractor licensed under chapter 624 of NRS a contract for services which assist the Division in the design and construction of a project of capital improvement.

      2.  The Board shall adopt regulations establishing procedures for:

      (a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1.

      (b) The bidding and awarding of such contracts, subject to the provisions of subsection 3.

      (c) The awarding of construction contracts based on a final cost of the project which the contractor guarantees will not be exceeded.

      (d) The scheduling and controlling of projects.

      3.  Bids on contracts for services which assist the Division in the design and construction of a project of capital improvement must state separately the contractor’s cost for:

      (a) Assisting the Division in the design and construction of the project.

      (b) Obtaining all bids for subcontracts.

      (c) Administering the construction contract.

      4.  A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in title 28 of NRS.

      (Added to NRS by 1975, 830; A 1977, 154; 1981, 1203; 1999, 3482; 2001, 1917, 2022; 2003, 119, 124; 2007, 3272; 2011, 2971)

      NRS 341.166  Contracts for services which assist Division in development and review of designs, plans, specifications and estimates of costs for proposed construction projects.

      1.  The Administrator may enter into a contract for services with a contractor licensed pursuant to chapter 624 of NRS to assist the Division:

      (a) In the development of designs, plans, specifications and estimates of costs for a proposed construction project.

      (b) In the review of designs, plans, specifications and estimates of costs for a proposed construction project to ensure that the designs, plans, specifications and estimates of costs are complete and that the project is feasible to construct.

      2.  The Division is not required to advertise for bids for a contract for services pursuant to subsection 1, but may solicit bids from not fewer than three licensed contractors and may award the contract to the lowest responsible and responsive bidder.

      3.  The Board shall adopt regulations establishing procedures for:

      (a) The determination of the qualifications of contractors to bid for the contracts for services described in subsection 1.

      (b) The bidding and awarding of such contracts.

      4.  If a proposed construction project for which a contractor is awarded a contract for services by the Division pursuant to subsection 1 is advertised pursuant to NRS 338.1385, that contractor may submit a bid for the contract for the proposed construction project if the contractor is qualified pursuant to NRS 338.1375.

      (Added to NRS by 2001, 1915; A 2003, 2000; 2007, 3273; 2011, 2971)