Nevada Revised Statutes 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:
Terms Used In Nevada Revised Statutes 341.145
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(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.