Assembly Bill No. 295–Assemblywoman Von Tobel
February 22, 1999
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Referred to Committee on Government Affairs
SUMMARY—Makes various changes concerning certain water districts. (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:
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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, shall not:1-6
(a) Commence such a project, for which the estimated cost exceeds1-7
$100,000, unless it advertises in a newspaper of general circulation in the1-8
state for bids for the project; or1-9
(b) Divide such a project into separate portions to avoid the1-10
requirements of paragraph (a).1-11
2. Except as otherwise provided in subsection 6, a public body that1-12
maintains a list of properly licensed contractors who are interested in1-13
receiving offers to bid on public works projects for which the estimated1-14
cost is more than $25,000 but less than $100,000 shall solicit bids from not1-15
more than three of the contractors on the list for a contract of that value for1-16
the construction, alteration or repair of a public work. The public body1-17
shall select contractors from the list in such a manner as to afford each1-18
contractor an equal opportunity to bid on a public works project. A1-19
properly licensed contractor must submit a written request annually to the2-1
public body to remain on the list. Offers for bids which are made pursuant2-2
to this subsection must be sent by certified mail.2-3
3. Approved plans and specifications for the bids must be on file at a2-4
place and time stated in the advertisement for the inspection of all persons2-5
desiring to bid thereon and for other interested persons. Contracts for the2-6
project must be awarded on the basis of bids received.2-7
4. Any or all bids received in response to an advertisement for bids2-8
may be rejected if the person responsible for awarding the contract2-9
determines that:2-10
(a) The bidder is not responsive or responsible;2-11
(b) The quality of the services, materials, equipment or labor offered2-12
does not conform to the approved plan or specifications; or2-13
(c) The public interest would be served by such a rejection.2-14
5. Before an agency or political subdivision of the state may commence2-15
a project subject to the provisions of this section, based upon a2-16
determination that the public interest would be served by rejecting any bids2-17
received in response to an advertisement for bids, it shall prepare and make2-18
available for public inspection a written statement containing:2-19
(a) A list of all persons, including supervisors, who the agency or2-20
political subdivision intends to assign to the project, together with their2-21
classifications and an estimate of the direct and indirect costs of their labor;2-22
(b) A list of all equipment that the agency or political subdivision2-23
intends to use on the project, together with an estimate of the number of2-24
hours each item of equipment will be used and the hourly cost to use each2-25
item of equipment;2-26
(c) An estimate of the cost of administrative support for the persons2-27
assigned to the project;2-28
(d) An estimate of the total cost of the project; and2-29
(e) An estimate of the amount of money the agency or political2-30
subdivision expects to save by rejecting the bids and performing the project2-31
itself.2-32
6. This section does not apply to:2-33
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;2-34
(b) Any work of construction, reconstruction, improvement and2-35
maintenance of highways subject to NRS 408.323 or 408.327;2-36
(c) Normal maintenance of the property of a school district; or2-37
(d) The Las Vegas Valley water district created pursuant to chapter 167,2-38
Statutes of Nevada 19472-39
pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley2-40
water district created pursuant to chapter 100, Statutes of Nevada 1993.2-41
Sec. 2. NRS 338.143 is hereby amended to read as follows: 338.143 1. Except as otherwise provided in subsection 6, an agency2-43
or political subdivision of the state, or a public officer, public employee or3-1
other person responsible for awarding a contract for the construction,3-2
alteration or repair of a public work, shall not:3-3
(a) Commence such a project, for which the estimated cost exceeds3-4
$100,000, unless it advertises in a newspaper of general circulation in the3-5
state for bids for the project; or3-6
(b) Divide such a project into separate portions to avoid the3-7
requirements of paragraph (a).3-8
2. Except as otherwise provided in subsection 6, a public body that3-9
maintains a list of properly licensed contractors who are interested in3-10
receiving offers to bid on public works projects for which the estimated3-11
cost is more than $25,000 but less than $100,000 shall solicit bids from not3-12
more than three of the contractors on the list for a contract of that value for3-13
the construction, alteration or repair of a public work. The public body3-14
shall select contractors from the list in such a manner as to afford each3-15
contractor an equal opportunity to bid on a public works project. A3-16
properly licensed contractor must submit a written request annually to the3-17
public body to remain on the list. Offers for bids which are made pursuant3-18
to this subsection must be sent by certified mail.3-19
3. Approved plans and specifications for the bids must be on file at a3-20
place and time stated in the advertisement for the inspection of all persons3-21
desiring to bid thereon and for other interested persons. Contracts for the3-22
project must be awarded on the basis of bids received.3-23
4. Any or all bids received in response to an advertisement for bids3-24
may be rejected if the person responsible for awarding the contract3-25
determines that:3-26
(a) The bidder is not responsive or responsible;3-27
(b) The quality of the services, materials, equipment or labor offered3-28
does not conform to the approved plan or specifications; or3-29
(c) The public interest would be served by such a rejection.3-30
5. Before an agency or political subdivision of the state may commence3-31
a project subject to the provisions of this section, based upon a3-32
determination that the public interest would be served by rejecting any bids3-33
received in response to an advertisement for bids, it shall prepare and make3-34
available for public inspection a written statement containing:3-35
(a) A list of all persons, including supervisors, who the agency or3-36
political subdivision intends to assign to the project, together with their3-37
classifications and an estimate of the direct and indirect costs of their labor;3-38
(b) A list of all equipment that the agency or political subdivision3-39
intends to use on the project, together with an estimate of the number of3-40
hours each item of equipment will be used and the hourly cost to use each3-41
item of equipment;3-42
(c) An estimate of the cost of administrative support for the persons3-43
assigned to the project;4-1
(d) An estimate of the total cost of the project; and4-2
(e) An estimate of the amount of money the agency or political4-3
subdivision expects to save by rejecting the bids and performing the project4-4
itself.4-5
6. This section does not apply to:4-6
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;4-7
(b) Any work of construction, reconstruction, improvement and4-8
maintenance of highways subject to NRS 408.323 or 408.327;4-9
(c) Normal maintenance of the property of a school district; or4-10
(d) The Las Vegas Valley water district created pursuant to chapter 167,4-11
Statutes of Nevada 19474-12
pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley4-13
water district created pursuant to chapter 100, Statutes of Nevada 1993.4-14
Sec. 3. Section 1 of chapter 100, Statutes of Nevada 1993, as amended4-15
by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended4-16
to read as follows:4-17
Section 1. There is hereby created a political subdivision of4-18
this state to be known as the "Virgin Valley Water District." The4-19
jurisdiction and service area of the district are all that real property4-20
located in Clark County, Nevada, described as follows:4-21
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5-2
the northeast corner of section 3, Township 13 South, Range5-3
71 East, Mount Diablo Meridian (MDM), which is also the5-4
intersection of the common boundary line of Clark and Lincoln5-5
counties and the Nevada and Arizona state line; thence south5-6
along the Nevada and Arizona state line to the southeast corner5-7
of section 22, Township 15 South, Range 71 East, MDM, a5-8
distance of approximately 16 miles; thence westerly to the5-9
southwest corner of section 20, Township 15 South, Range 695-10
East, MDM, a distance of approximately 14 1/2 miles; thence5-11
northerly to the northwest corner of section 17, Township 155-12
South, Range 69 East, MDM, a distance of approximately 25-13
miles; thence easterly to the northeast corner of section 17,5-14
Township 15 South, Range 69 East, MDM, a distance of5-15
approximately 1 mile; thence northerly to the northwest corner5-16
of section 4, Township 15 South, Range 69 East, MDM, a5-17
distance of approximately 2 miles; thence westerly to the5-18
southwest corner of section 31, Township 14 South, Range 685-19
East, MDM, a distance of approximately 8 miles; thence5-20
northerly to the northwest corner of section 19, Township 145-21
South, Range 68 East, MDM, a distance of approximately 35-22
miles; thence easterly to the northeast corner of section 19,5-23
Township 14 South, Range 68 East, MDM, a distance of5-24
approximately 1 mile; thence northerly to the southeast corner5-25
of section 6, Township 14 South, Range 68 East, MDM, a5-26
distance of approximately 2 miles; thence westerly to the5-27
southwest corner of section 6, Township 14 South, Range 685-28
East, MDM, a distance of approximately 1 mile; thence5-29
northerly to the northwest corner of section 6, Township 135-30
South, Range 68 East, MDM, a distance of approximately 75-31
miles, a point located on the common boundary of Clark and5-32
Lincoln counties; thence easterly along said common county5-33
line to the northeast corner of section 3, Township 13 South,5-34
Range 71 East, MDM, a distance of approximately 21 1/25-35
miles, the intersection of the common boundary line of Clark5-36
and Lincoln counties and the Nevada and Arizona state line,5-37
that point being the true point of beginning.~