Assembly Bill No. 295–Assemblywoman Von Tobel
February 22, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises statutes governing Virgin Valley water district. (BDR 28-1430)
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
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: 338.143 1. Except as otherwise provided in subsection 6 and NRS1-3
338.1906 and 338.1907, an agency or political subdivision of the state, or a1-4
public officer, public employee or other person responsible for awarding a1-5
contract for the construction, alteration or repair of a public work, shall1-6
not:1-7
(a) Commence such a project, for which the estimated cost exceeds1-8
$100,000, unless it advertises in a newspaper of general circulation in the1-9
state for bids for the project; or1-10
(b) Divide such a project into separate portions to avoid the1-11
requirements of paragraph (a).1-12
2. Except as otherwise provided in subsection 6, a public body that1-13
maintains a list of properly licensed contractors who are interested in1-14
receiving offers to bid on public works projects for which the estimated1-15
cost is more than $25,000 but less than $100,000 shall solicit bids from not1-16
more than three of the contractors on the list for a contract of that value for1-17
the construction, alteration or repair of a public work. The public body1-18
shall select contractors from the list in such a manner as to afford each2-1
contractor an equal opportunity to bid on a public works project. A2-2
properly licensed contractor must submit a written request annually to the2-3
public body to remain on the list. Offers for bids which are made pursuant2-4
to this subsection must be sent by certified mail.2-5
3. Approved plans and specifications for the bids must be on file at a2-6
place and time stated in the advertisement for the inspection of all persons2-7
desiring to bid thereon and for other interested persons. Contracts for the2-8
project must be awarded on the basis of bids received.2-9
4. Any or all bids received in response to an advertisement for bids2-10
may be rejected if the person responsible for awarding the contract2-11
determines that:2-12
(a) The bidder is not responsive or responsible;2-13
(b) The quality of the services, materials, equipment or labor offered2-14
does not conform to the approved plan or specifications; or2-15
(c) The public interest would be served by such a rejection.2-16
5. Before an agency or political subdivision of the state may2-17
commence a project subject to the provisions of this section, based upon a2-18
determination that the public interest would be served by rejecting any bids2-19
received in response to an advertisement for bids, it shall prepare and make2-20
available for public inspection a written statement containing:2-21
(a) A list of all persons, including supervisors, who the agency or2-22
political subdivision intends to assign to the project, together with their2-23
classifications and an estimate of the direct and indirect costs of their labor;2-24
(b) A list of all equipment that the agency or political subdivision2-25
intends to use on the project, together with an estimate of the number of2-26
hours each item of equipment will be used and the hourly cost to use each2-27
item of equipment;2-28
(c) An estimate of the cost of administrative support for the persons2-29
assigned to the project;2-30
(d) An estimate of the total cost of the project; and2-31
(e) An estimate of the amount of money the agency or political2-32
subdivision expects to save by rejecting the bids and performing the2-33
project itself.2-34
6. This section does not apply to:2-35
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;2-36
(b) Any work of construction, reconstruction, improvement and2-37
maintenance of highways subject to NRS 408.323 or 408.327;2-38
(c) Normal maintenance of the property of a school district; or2-39
(d) The Las Vegas Valley water district created pursuant to chapter 167,2-40
Statutes of Nevada 19472-41
pursuant to chapter 100, Statutes of Nevada 1993.3-1
Sec. 2. NRS 338.143 is hereby amended to read as follows: 338.143 1. Except as otherwise provided in subsection 6, an agency3-3
or political subdivision of the state, or a public officer, public employee or3-4
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 exceeds3-7
$100,000, unless it advertises in a newspaper of general circulation in the3-8
state for bids for the project; or3-9
(b) Divide such a project into separate portions to avoid the3-10
requirements of paragraph (a).3-11
2. Except as otherwise provided in subsection 6, a public body that3-12
maintains a list of properly licensed contractors who are interested in3-13
receiving offers to bid on public works projects for which the estimated3-14
cost is more than $25,000 but less than $100,000 shall solicit bids from not3-15
more than three of the contractors on the list for a contract of that value for3-16
the construction, alteration or repair of a public work. The public body3-17
shall select contractors from the list in such a manner as to afford each3-18
contractor an equal opportunity to bid on a public works project. A3-19
properly licensed contractor must submit a written request annually to the3-20
public body to remain on the list. Offers for bids which are made pursuant3-21
to this subsection must be sent by certified mail.3-22
3. Approved plans and specifications for the bids must be on file at a3-23
place and time stated in the advertisement for the inspection of all persons3-24
desiring to bid thereon and for other interested persons. Contracts for the3-25
project must be awarded on the basis of bids received.3-26
4. Any or all bids received in response to an advertisement for bids3-27
may be rejected if the person responsible for awarding the contract3-28
determines that:3-29
(a) The bidder is not responsive or responsible;3-30
(b) The quality of the services, materials, equipment or labor offered3-31
does not conform to the approved plan or specifications; or3-32
(c) The public interest would be served by such a rejection.3-33
5. Before an agency or political subdivision of the state may3-34
commence a project subject to the provisions of this section, based upon a3-35
determination that the public interest would be served by rejecting any bids3-36
received in response to an advertisement for bids, it shall prepare and make3-37
available for public inspection a written statement containing:3-38
(a) A list of all persons, including supervisors, who the agency or3-39
political subdivision intends to assign to the project, together with their3-40
classifications and an estimate of the direct and indirect costs of their labor;4-1
(b) A list of all equipment that the agency or political subdivision4-2
intends to use on the project, together with an estimate of the number of4-3
hours each item of equipment will be used and the hourly cost to use each4-4
item of equipment;4-5
(c) An estimate of the cost of administrative support for the persons4-6
assigned to the project;4-7
(d) An estimate of the total cost of the project; and4-8
(e) An estimate of the amount of money the agency or political4-9
subdivision expects to save by rejecting the bids and performing the4-10
project itself.4-11
6. This section does not apply to:4-12
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;4-13
(b) Any work of construction, reconstruction, improvement and4-14
maintenance of highways subject to NRS 408.323 or 408.327;4-15
(c) Normal maintenance of the property of a school district; or4-16
(d) The Las Vegas Valley water district created pursuant to chapter 167,4-17
Statutes of Nevada 19474-18
pursuant to chapter 100, Statutes of Nevada 1993.4-19
Sec. 3. Section 1 of chapter 100, Statutes of Nevada 1993, as4-20
amended by chapter 266, Statutes of Nevada 1995, at page 440, is hereby4-21
amended to read as follows:4-22
Section 1. There is hereby created a political subdivision of4-23
this state to be known as the "Virgin Valley Water District." The4-24
jurisdiction and service area of the district are all that real property4-25
located in Clark County, Nevada, described as follows:4-26
Beginning at the northeast corner of section 10, Township 134-27
South, Range 71 East, Mount Diablo Base and Meridian and4-28
running south approximately 15 miles along the section lines to4-29
the southeast corner of section 22, Township 15 South, Range 714-30
East ;4-31
section lines approximately 15 miles to the southwest corner of4-32
section 20, Township 15 South, Range 69 East; thence northerly4-33
along the section lines approximately 2 miles to the northwest4-34
corner of section 17, Township 15 South, Range 69 East; thence4-35
easterly along the north line of that section 17, a distance of 14-36
mile more or less to the southwesterly corner of section 9,4-37
Township 15 South, Range 69 East; thence northerly along the4-38
westerly section lines of sections 9 and 4 to the northwesterly4-39
corner of section 4, Township 15 South, Range 69 East; thence4-40
westerly along the south lines Township 14 South approximately4-41
4-42
14 South, Range4-43
range line of Range5-1
range line5-2
miles to the southwest corner of section 18, Township 14 South,5-3
Range 68 East; thence easterly along the section line of section5-4
18 approximately 1 mile to the southeast corner of the section;5-5
thence northerly along the east lines of sections 18 and 7 to the5-6
northeast corner of section 7, Township 14 South, Range 685-7
East; thence westerly along the section line of section 75-8
approximately 1 mile to the northwest corner of the section;5-9
thence northerly along the west range line of Range 68 East to5-10
the northerly line of Clark County; thence easterly along the5-11
north line of Clark County5-12
in the north-south boundary line between the States of Nevada5-13
and Arizona; thence southerly along the Nevada-Arizona state5-14
line to the northeast corner of section 10, Township 13 South,5-15
Range 71 East,5-16
true point of beginning.~