2005 Nevada Revised Statutes - Chapter 341 — State Public Works Board
CHAPTER 341 - STATE PUBLIC WORKS BOARD
NRS 341.010 Definitions.
NRS 341.013 Boarddefined.
NRS 341.015 Managerdefined.
NRS 341.020 Creation;members.
NRS 341.030 Termsof members.
NRS 341.041 Replacementof members.
NRS 341.050 Compensationand expenses of members.
NRS 341.060 Organization;election of officers.
NRS 341.070 Rulesand meetings of Board.
NRS 341.080 Recordof proceedings.
NRS 341.090 Authorizedexpenditures.
NRS 341.095 Transferof money from State General Fund to state building construction projectaccounts authorized.
NRS 341.100 Manager,deputies and assistants: Appointment; classification; qualifications; dutiesand removal of Manager.
NRS 341.105 Manageror his designated representatives authority to issue order to compel cessationof work; penalties; contest; enforcement.
NRS 341.110 Generalpowers of Board.
NRS 341.119 Delegationof authority of Board to state agency.
NRS 341.121 Usageof grants.
NRS 341.125 Contractswith United States; receipt and expenditure of federal grants, loans and moneyauthorized.
NRS 341.130 Participationin interstate, regional and national projects.
NRS 341.140 Publicityand education concerning problems of state planning.
NRS 341.141 Engineeringand architectural services to be furnished by Board for buildings constructedon state property or with legislative appropriation; exceptions.
NRS 341.142 Advanceplanning of project.
NRS 341.143 Adoptionof certain seismic provisions and standards.
NRS 341.145 Powersand duties of Board: Design, construction and repairs.
NRS 341.146 Fundsfor projects of capital construction: Establishment; accrual of interest on andreturn of remaining money that has not been appropriated by Legislature forproject; priority of expenditure of money from more than one source.
NRS 341.148 Advertisementfor sealed bids required for projects whose estimated cost exceeds $100,000.
NRS 341.149 Fundingrequired for operation and maintenance of capital improvement.
NRS 341.151 Calculationof final total cost of building; statement of proposed source of funding.
NRS 341.153 Publicpolicy of State declared.
NRS 341.155 Contractsfor consulting services.
NRS 341.158 Useof Boards services by Legislative Branch of government.
NRS 341.161 Contractsfor services which assist Board in design and construction of projects ofcapital improvement.
NRS 341.166 Contractsfor services to assist Board in development and review of designs, plans,specifications and estimates of costs for proposed construction projects.
NRS 341.185 Annualreport on projects of construction of state buildings financed by bonds orother obligations: Compilation; contents; submission to Legislature.
NRS 341.191 Reportsand recommendations of Board: Priority of construction; projects for capitalimprovements.
NRS 341.201 Inspectionof state buildings and physical plant facilities of state institutions;reports.
NRS 341.211 Cooperationwith state agencies and local planning commissions.
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[Part 1:102:1937; A 1953, 11](NRS A 1973, 904;
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(Added to NRS by
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(Added to NRS by
1. The State Public Works Board, consisting of the Directorof the Department of Administration and six members appointed by the Governor,is hereby created within the Department of Administration.
2. At least one of the appointed members must have acomprehensive knowledge of the principles of administration and at least one ofthe appointed members must have a working knowledge of the principles ofengineering or architecture.
[Part 1:102:1937; A 1953, 11](NRS A 1959, 92; 1973,904; 1983, 1959; 1987, 1485; 1993, 1567;
1. The members of the Board shall be appointed forterms of 4 years.
2. The term of office of each member shall begin July1 of the year of his appointment.
[Part 2:102:1937; 1931 NCL 6975.02](NRS A 1959,92; 1977, 1200)
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(Added to NRS by
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1. Each member of the Board is entitled to receive asalary of not more than $80 per day, as fixed by the Board, while engaged inthe business of the Board.
2. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally. Theper diem allowances and travel expenses must be paid from money appropriatedfor the use of the Board.
[3:102:1937; 1931 NCL 6975.03](NRS A 1977, 140;1981, 1980; 1989, 1712)
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[Part 4:102:1937; A 1947, 283; 1943 NCL 6975.04](NRS A 1983, 1960; 1995, 1086;
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1. Adopt such rules for the regulation of itsproceedings and the transaction of its business as it deems proper.
2. Meet at least once every 3 months.
[Part 4:102:1937; A 1947, 283; 1943 NCL 6975.04](NRSA 2001, 1916)
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[Part 4:102:1937; A 1947, 283; 1943 NCL 6975.04]
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1. Except as provided in subsections 2 and 3, theBoard may make expenditures necessary to carry into effect the purposes of itsacts.
2. All expenditures made by the Board must be withinthe limits of the appropriation provided for the use of the Board, or providedfrom money appropriated or authorized for expenditure by the Legislature forconstruction work or major repairs.
3. The Board may, with the approval of the InterimFinance Committee when the Legislature is not in regular or special session, orwith the approval of the Legislature by concurrent resolution when theLegislature is in regular or special session, expend money obtained from anysource for advance planning of projects of capital improvement. For thepurposes of this subsection, advance planning means the preparation of floorplans, cross sections, elevations, outlines of specifications, estimates ofcost 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)
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(Added to NRS by 1969, 60)
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1. The Board may appoint a Manager who serves at thepleasure of the Board and the Governor. The Board or the Governor may removethe Manager for inefficiency, neglect of duty, malfeasance or for other justcause.
2. The Manager, with the approval of the Board, mayappoint a deputy for professional services and a deputy for administrative,fiscal and constructional services. In addition, the Manager may appoint suchother technical and clerical assistants as may be necessary to carry intoeffect the provisions of this chapter.
3. The Manager and his deputies are in theunclassified service of the State. Except as otherwise provided in
4. The Manager and his deputy for professionalservices must each be a licensed professional engineer pursuant to theprovisions of chapter 625 of NRS or anarchitect registered pursuant to the provisions of chapter623 of NRS. The deputy manager for administrative, fiscal andconstructional services must have a comprehensive knowledge of principles ofadministration and a working knowledge of principles of engineering orarchitecture as determined by the Board.
5. The Manager shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Board.
(c) Represent the Board before the Legislature.
(d) Prepare and submit to the Board, for its approval,the recommended priority for proposed capital improvement projects and providethe Board with an estimate of the cost of each project.
(e) Make recommendations to the Board for the selectionof architects, engineers and contractors.
(f) Make recommendations to the Board concerning theacceptance of completed projects.
(g) Advise the Board and the Legislature, or theInterim Finance Committee if the Legislature is not in session, on a monthlybasis of the progress of all public works projects which are a part of theapproved capital improvement program.
(h) Serve as the building official for all buildingsand structures on property of the State or held in trust for any division ofthe State Government.
[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;
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1. When acting in the capacity of building officialpursuant to paragraph (h) of subsection 5 of NRS341.100, the Manager or his designated representative may issue an order tocompel the cessation of work on all or any portion of a building or structurebased on health or safety reasons or for violations of applicable buildingcodes or other laws or regulations.
2. If a person receives an order issued pursuant tosubsection 1, the person shall immediately cease work on the building orstructure or portion thereof.
3. Any person who willfully refuses to comply with anorder issued pursuant to subsection 1 or who willfully encourages anotherperson to refuse to comply or assists another person in refusing to comply withsuch an order is guilty of a misdemeanor and shall be punished as provided in
4. In addition to the criminal penalty set forth insubsection 3, the Manager 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 tohim 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 thatare not expressly given priority by law. An action brought pursuant to thissubsection does not stay enforcement of the order unless the district courtorders otherwise.
6. If a person refuses to comply with an order issuedpursuant to subsection 1, the Manager may bring an action in the name of theState of Nevada in district court to compel compliance and to collect anyadministrative penalties imposed pursuant to subsection 4. The court shall givesuch a proceeding priority over other civil matters that are not expresslygiven priority by law. Any attorneys fees and costs awarded by the court infavor of the State and any penalties collected in the action must be depositedwith the State Treasurer for credit to the State General Fund.
7. No right of action exists in favor of any person byreason of any action or failure to act on the part of the Board, the Manager orany officers, employees or agents of the Board in carrying out the provisionsof this section.
8. As used in this section, person includes agovernment and a governmental subdivision, agency or instrumentality.
(Added to NRS by
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[Part 6:102:1937; 1931 NCL 6975.06]
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1. Upon the request of the head of a state agency, theBoard may delegate to that agency any of the authority granted the Boardpursuant to NRS 341.141 to
2. This section does not limit any of the authority ofthe Legislature when the Legislature is in regular or special session or theInterim Finance Committee when the Legislature is not in regular or specialsession to consult with the Board concerning a construction project or toapprove the advance planning of a project.
(Added to NRS by 1987, 926)
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1. The design and construction of public buildings orprojects for which no appropriation has been made by the Legislature, or theacquisition of real property for such buildings or projects, or both.
2. Additional acquisition, design and constructioncosts 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)
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(Added to NRS by 1961, 729)
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1. To participate in interstate, regional and nationalplanning projects for the purpose of conserving and promoting public health andthe safety, convenience and general welfare of the people.
2. Through its members or its staff, to confer andcooperate with federal officials and with the executive, legislative orplanning authorities of neighboring states and of the counties andmunicipalities of such states.
[Part 6:102:1937; 1931 NCL 6975.06]
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[Part 6:102:1937; 1931 NCL 6975.06]
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1. The Board shall furnish engineering andarchitectural services to the Nevada System of Higher Education and all otherstate departments, boards or commissions charged with the construction of anybuilding constructed on state property or for which the money is appropriatedby the Legislature, except:
(a) Buildings used in maintaining highways;
(b) Improvements, other than nonresidential buildingswith more than 1,000 square feet in floor area, made:
(1) In state parks by the State Department ofConservation and Natural Resources; or
(2) By the Department of Wildlife; and
(c) Buildings on property controlled by other stateagencies if the Board has delegated its authority in accordance with
The Board ofRegents of the University of Nevada and all other state departments, boards orcommissions 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;
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(Added to NRS by 1985, 57)
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1. The seismic provisions of the InternationalBuilding Code published by the International Code Council; and
2. Standards for the investigation of hazards relatingto seismic activity, including, without limitation, potential surface rupturesand liquefaction.
(Added to NRS by
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1. Has final authority to approve the architecture ofall buildings, plans, designs, types of construction, major repairs and designsof landscaping.
2. Shall determine whether any rebates are availablefrom a public utility for installing devices in any state building which aredesigned to decrease the use of energy in the building. If such a rebate isavailable, the Board shall apply for the rebate.
3. Shall solicit bids for and let all contracts fornew construction or major repairs.
4. May negotiate with the lowest responsible andresponsive bidder on any contract to obtain a revised bid if:
(a) The bid is less than the appropriation made by theLegislature for that building project; and
(b) The bid does not exceed the relevant budget itemfor that building project as established by the Board by more than 10 percent.
5. May reject any or all bids.
6. After the contract is let, shall supervise andinspect construction and major repairs. The cost of supervision and inspectionmust be financed from the capital construction program approved by theLegislature.
7. Shall obtain approval from the Interim FinanceCommittee when the Legislature is not in regular or special session, or fromthe Legislature by concurrent resolution when the Legislature is in regular orspecial session, for any change in the scope of the design or construction of aproject as that project was authorized by the Legislature. The Board shalladopt by regulation criteria for determining whether a change in the scope ofthe design or construction of a project requires such approval.
8. May authorize change orders, before or duringconstruction:
(a) In any amount, where the change represents areduction in the total awarded contract price.
(b) Except as otherwise provided in paragraph (c), notto exceed in the aggregate 10 percent of the total awarded contract price,where the change represents an increase in that price.
(c) In any amount, where the total awarded contractprice is less than $10,000 and the change represents an increase not exceedingthe amount of the total awarded contract price.
9. Shall specify in any contract with a designprofessional the period within which the design professional must prepare andsubmit to the Board a change order that has been authorized by the designprofessional. As used in this subsection, design professional means a personwith a professional license or certificate issued pursuant to
10. Has final authority to accept each building orstructure, or any portion thereof, on property of the State or held in trustfor any division of the State Government as completed or to require necessaryalterations to conform to the contract or to codes adopted by the Board, and tofile the notice of completion and certificate of occupancy for the building orstructure.
(Added to NRS by 1985, 58; A 1995, 382;
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1. The Boardshall establish funds for projects of capital construction necessary to accountfor the program of capital construction approved by the Legislature. Thesefunds must be used to account for all revenues, appropriations and expendituresrestricted to constructing buildings and other projects which come under thesupervision of the Board.
2. If a statedepartment, board, commission or agency provides to the Board money that hasnot been appropriated by the Legislature for a capital improvement project, anyinterest earned on that money accrues to the benefit of the project. Upon adetermination by the Board that the project is completed, the Board shallreturn any principal and interest remaining on that money to the department,board, commission or agency that had provided the money to the Board.
3. Except asotherwise provided in subsection 4, if the money actually received by the Boardfor a capital improvement project includes money from more than one source, themoney must be expended in the following order:
(a) Moneyreceived for the project from the Federal Government;
(b) Moneygenerated by the state department, board, commission or agency for whom theproject is being performed;
(c) Money thatwas approved for the same or a different project during a previous bienniumthat has been reallocated during the current biennium for the project;
(d) Proceedsfrom the issuance of general obligation bonds;
(e) Money fromthe State General Fund; and
(f) Any othersource of money for the project.
4. The provisions of subsection 3 do not apply if thereceipt of any money from the Federal Government for the project is conditionedupon a different order of expenditure.
(Added to NRS by 1985, 58; A
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(Added to NRS by 1985, 58; A 1989, 968;
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(Added to NRS by 1997, 2486)
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1. The Board shall provide for a system of accountingfor 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 statebuilding must include:
(a) Figures showing the final total cost of thebuilding, which is the sum of:
(1) Initial construction costs; and
(2) Operating costs for the expected useful lifeof the building, including maintenance, heating, lighting, air-conditioning,personnel and other expenses of operation; and
(b) A statement of the proposed source of funding forthe final total cost of the building.
(Added to NRS by 1977, 276; A 1997, 2486)
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1. The Legislature hereby finds as facts:
(a) That the construction of public buildings is aspecialized field requiring for its successful accomplishment a high degree ofskill and experience not ordinarily acquired by public officers and employeeswhose primary duty lies in some other field.
(b) That this construction involves the expenditure oflarge amounts of public money which, whatever their particular constitutional,statutory or governmental source, involve a public trust.
(c) That the application by state agencies ofconflicting standards of performance results in wasteful delays and increasedcosts in the performance of public works.
2. The Legislature therefore declares it to be thepolicy of this state that all construction of buildings upon property of theState or held in trust for any division of the State Government be supervisedby, and final authority for its completion and acceptance vested in, the Boardas provided in NRS 341.141 to
(Added to NRS by 1965, 682; A 1973, 905; 1985, 60;
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1. In the case of the Nevada System of HigherEducation, building construction contracts relating to the construction of abranch or facility within the Nevada System of Higher Education; and
2. In the case of another state department, board orcommission, all construction contracts relating to construction for thatagency,
during theterm and in the area covered by the contract.
(Added to NRS by 1965, 682; A 1967, 1119; 1969, 1431;1973, 906; 1993, 393)
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(Added to NRS by 1989, 282)
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1. The Board may, with the approval of the InterimFinance Committee when the Legislature is not in regular or special session, orwith the approval of the Legislature by concurrent resolution when theLegislature is in regular or special session, let to a contractor licensedunder chapter 624 of NRS a contract forservices which assist the Board in the design and construction of a project ofcapital improvement.
2. The Board shall adopt regulations establishingprocedures for:
(a) The determination of the qualifications ofcontractors to bid for contracts for services described in subsection 1.
(b) The bidding and awarding of such contracts, subjectto the provisions of subsection 3.
(c) The awarding of construction contracts based on afinal 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 theBoard in the design and construction of a project of capital improvement muststate separately the contractors cost for:
(a) Assisting the Board in the design and constructionof the project.
(b) Obtaining all bids for subcontracts.
(c) Administering the construction contract.
4. A person who furnishes services under a contractawarded pursuant to subsection 1 is a contractor subject to all provisionspertaining to a contractor in title 28 of NRS.
(Added to NRS by 1975, 830; A 1977, 154; 1981, 1203;
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1. The Board may, with the approval of the InterimFinance Committee when the Legislature is not in regular or special session, orwith the approval of the Legislature by concurrent resolution when theLegislature is in regular or special session, enter into a contract forservices with a contractor licensed pursuant to chapter624 of NRS to assist the Board:
(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 andestimates of costs for a proposed construction project to ensure that thedesigns, plans, specifications and estimates of costs are complete and that theproject is feasible to construct.
2. The Board is not required to advertise for bids fora contract for services pursuant to subsection 1, but may solicit bids from notfewer than three licensed contractors and may award the contract to the lowestresponsible and responsive bidder.
3. The Board shall adopt regulations establishingprocedures for:
(a) The determination of the qualifications ofcontractors 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 acontractor is awarded a contract for services by the Board pursuant tosubsection 1 is advertised pursuant to NRS338.1385, that contractor may submit a bid for the contract for theproposed construction project if he is qualified pursuant to
(Added to NRS by
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1. The Board shall, for each fiscal year, compile areport concerning projects of construction of state buildings that are financedby general obligation bonds, revenue bonds or medium-term obligations.
2. The report required to be compiled pursuant tosubsection 1 must include:
(a) The source and amount of money received from thebonds and obligations during the fiscal year;
(b) A list of the projects completed during the fiscalyear, including, without limitation, any change in the estimated cost of such aproject and any change in the date for completion for such a project; and
(c) A list of projects under construction, the estimatedcost of each of those projects, the date for completion of each of thoseprojects and any changes in the estimated cost or date for completion of thoseprojects.
3. The Board shall submit, in any format including anelectronic format, a copy of the report compiled pursuant to subsection 1 on orbefore February 1 of the year next succeeding the period to which the reportpertains to the Director of the Legislative Counsel Bureau for distribution toeach regular session of the Legislature.
(Added to NRS by
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1. The Board shall submit reports and makerecommendations relative to its findings to the Governor and to theLegislature. The Board shall particularly recommend to the Governor and to theLegislature the priority of construction of any and all buildings or otherconstruction work now authorized or that may hereafter be authorized orproposed.
2. The Board shall submit before October 1 of eacheven-numbered year its recommendations for projects for capital improvements inthe next biennium.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL 6975.05](NRS A 1987, 1486)
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(Added to NRS by 1963, 1391; A 1969, 1431; 1979,712)(Substituted in revision for NRS 341.165)
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1. Cooperate with other departments and agencies ofthe State in their planning efforts.
2. Advise and cooperate with municipal, county andother local planning commissions within the State to promote coordinationbetween the State and the local plans and developments.
3. Cooperate with the Nevada Arts Council and theBuildings and Grounds Division of the Department of Administration to plan thepotential purchase and placement of works of art inside or on the groundssurrounding a state building.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL 6975.05](NRS A 1995, 420; 1997, 3157;
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