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 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 may commence2-17
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 the project2-33
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 477, Statutes of Nevada 1983 or the Virgin Valley2-42
water district created 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 may commence3-34
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 the project4-10
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 477, Statutes of Nevada 1983 or the Virgin Valley4-19
water district created pursuant to chapter 100, Statutes of Nevada 1993.4-20
Sec. 3. Section 1 of chapter 100, Statutes of Nevada 1993, as amended4-21
by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended4-22
to read as follows:4-23
Section 1. There is hereby created a political subdivision of4-24
this state to be known as the "Virgin Valley Water District." The4-25
jurisdiction and service area of the district are all that real property4-26
located in Clark County, Nevada, described as follows:4-27
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the northeast corner of section 3, Township 13 South, Range5-9
71 East, Mount Diablo Meridian (MDM), which is also the5-10
intersection of the common boundary line of Clark and Lincoln5-11
counties and the Nevada and Arizona state line; thence south5-12
along the Nevada and Arizona state line to the southeast corner5-13
of section 22, Township 15 South, Range 71 East, MDM, a5-14
distance of approximately 16 miles; thence westerly to the5-15
southwest corner of section 20, Township 15 South, Range 695-16
East, MDM, a distance of approximately 14 1/2 miles; thence5-17
northerly to the northwest corner of section 17, Township 155-18
South, Range 69 East, MDM, a distance of approximately 25-19
miles; thence easterly to the northeast corner of section 17,5-20
Township 15 South, Range 69 East, MDM, a distance of5-21
approximately 1 mile; thence northerly to the northwest corner5-22
of section 4, Township 15 South, Range 69 East, MDM, a5-23
distance of approximately 2 miles; thence westerly to the5-24
southwest corner of section 31, Township 14 South, Range 685-25
East, MDM, a distance of approximately 8 miles; thence5-26
northerly to the northwest corner of section 19, Township 145-27
South, Range 68 East, MDM, a distance of approximately 35-28
miles; thence easterly to the northeast corner of section 19,5-29
Township 14 South, Range 68 East, MDM, a distance of5-30
approximately 1 mile; thence northerly to the southeast corner5-31
of section 6, Township 14 South, Range 68 East, MDM, a5-32
distance of approximately 2 miles; thence westerly to the5-33
southwest corner of section 6, Township 14 South, Range 685-34
East, MDM, a distance of approximately 1 mile; thence5-35
northerly to the northwest corner of section 6, Township 135-36
South, Range 68 East, MDM, a distance of approximately 75-37
miles, a point located on the common boundary of Clark and5-38
Lincoln counties; thence easterly along said common county5-39
line to the northeast corner of section 3, Township 13 South,5-40
Range 71 East, MDM, a distance of approximately 21 1/25-41
miles, the intersection of the common boundary line of Clark5-42
and Lincoln counties and the Nevada and Arizona state line,5-43
that point being the true point of beginning.6-1
Sec. 4. 1. This section and sections 1 and 3 of this act6-2
become effective on October 1, 1999.6-3
2. Section 2 of this act becomes effective at 12:01 a.m. on May 1,6-4
2013.6-5
3. Section 1 of this act expires by limitation on May 1, 2013.~