1. Assembly Bill No. 295–Assemblywoman Von Tobel

CHAPTER........

AN ACT relating to water districts; extending an exception from the advertising of public

contracts to certain additional water districts; excluding a certain part of the original

territory of the Virgin Valley water district; and providing other matters properly

relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 338.143 is hereby amended to read as follows:

  1. 338.143 1. Except as otherwise provided in subsection 6 and NRS
  1. 338.1906 and 338.1907, an agency or political subdivision of the state, or a
  1. public officer, public employee or other person responsible for awarding a
  1. contract for the construction, alteration or repair of a public work, shall not:
  1. (a) Commence such a project, for which the estimated cost exceeds
  1. $100,000, unless it advertises in a newspaper of general circulation in the
  1. state for bids for the project; or
  1. (b) Divide such a project into separate portions to avoid the
  1. requirements of paragraph (a).
  1. 2. Except as otherwise provided in subsection 6, a public body that
  1. maintains a list of properly licensed contractors who are interested in
  1. receiving offers to bid on public works projects for which the estimated
  1. cost is more than $25,000 but less than $100,000 shall solicit bids from not
  1. more than three of the contractors on the list for a contract of that value for
  1. the construction, alteration or repair of a public work. The public body
  1. shall select contractors from the list in such a manner as to afford each
  1. contractor an equal opportunity to bid on a public works project. A
  1. properly licensed contractor must submit a written request annually to the
  1. public body to remain on the list. Offers for bids which are made pursuant
  1. to this subsection must be sent by certified mail.
  1. 3. Approved plans and specifications for the bids must be on file at a
  1. place and time stated in the advertisement for the inspection of all persons
  1. desiring to bid thereon and for other interested persons. Contracts for the
  1. project must be awarded on the basis of bids received.
  1. 4. Any or all bids received in response to an advertisement for bids
  1. may be rejected if the person responsible for awarding the contract
  1. determines that:
  1. (a) The bidder is not responsive or responsible;
  1. (b) The quality of the services, materials, equipment or labor offered
  1. does not conform to the approved plan or specifications; or
  1. (c) The public interest would be served by such a rejection.
  1. 5. Before an agency or political subdivision of the state may commence
  1. a project subject to the provisions of this section, based upon a
  1. determination that the public interest would be served by rejecting any bids
  2. received in response to an advertisement for bids, it shall prepare and make
  1. available for public inspection a written statement containing:
  1. (a) A list of all persons, including supervisors, who the agency or
  1. political subdivision intends to assign to the project, together with their
  1. classifications and an estimate of the direct and indirect costs of their labor;
  1. (b) A list of all equipment that the agency or political subdivision
  1. intends to use on the project, together with an estimate of the number of
  1. hours each item of equipment will be used and the hourly cost to use each
  1. item of equipment;
  1. (c) An estimate of the cost of administrative support for the persons
  1. assigned to the project;
  1. (d) An estimate of the total cost of the project; and
  1. (e) An estimate of the amount of money the agency or political
  1. subdivision expects to save by rejecting the bids and performing the project
  1. itself.
  1. 6. This section does not apply to:
  1. (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
  1. (b) Any work of construction, reconstruction, improvement and
  1. maintenance of highways subject to NRS 408.323 or 408.327;
  1. (c) Normal maintenance of the property of a school district; or
  1. (d) The Las Vegas Valley water district created pursuant to chapter 167,
  1. Statutes of Nevada 1947 [.] , the Moapa Valley water district created
  1. pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley
  1. water district created pursuant to chapter 100, Statutes of Nevada 1993.

Sec. 2. NRS 338.143 is hereby amended to read as follows:

  1. 338.143 1. Except as otherwise provided in subsection 6, an agency
  1. or political subdivision of the state, or a public officer, public employee or
  1. other person responsible for awarding a contract for the construction,
  1. alteration or repair of a public work, shall not:
  1. (a) Commence such a project, for which the estimated cost exceeds
  1. $100,000, unless it advertises in a newspaper of general circulation in the
  1. state for bids for the project; or
  1. (b) Divide such a project into separate portions to avoid the
  1. requirements of paragraph (a).
  1. 2. Except as otherwise provided in subsection 6, a public body that
  1. maintains a list of properly licensed contractors who are interested in
  1. receiving offers to bid on public works projects for which the estimated
  1. cost is more than $25,000 but less than $100,000 shall solicit bids from not
  1. more than three of the contractors on the list for a contract of that value for
  1. the construction, alteration or repair of a public work. The public body
  1. shall select contractors from the list in such a manner as to afford each
  1. contractor an equal opportunity to bid on a public works project. A
  1. properly licensed contractor must submit a written request annually to the
  1. public body to remain on the list. Offers for bids which are made pursuant
  1. to this subsection must be sent by certified mail.
  2. 3. Approved plans and specifications for the bids must be on file at a
  1. place and time stated in the advertisement for the inspection of all persons
  1. desiring to bid thereon and for other interested persons. Contracts for the
  1. project must be awarded on the basis of bids received.
  1. 4. Any or all bids received in response to an advertisement for bids
  1. may be rejected if the person responsible for awarding the contract
  1. determines that:
  1. (a) The bidder is not responsive or responsible;
  1. (b) The quality of the services, materials, equipment or labor offered
  1. does not conform to the approved plan or specifications; or
  1. (c) The public interest would be served by such a rejection.
  1. 5. Before an agency or political subdivision of the state may commence
  1. a project subject to the provisions of this section, based upon a
  1. determination that the public interest would be served by rejecting any bids
  1. received in response to an advertisement for bids, it shall prepare and make
  1. available for public inspection a written statement containing:
  1. (a) A list of all persons, including supervisors, who the agency or
  1. political subdivision intends to assign to the project, together with their
  1. classifications and an estimate of the direct and indirect costs of their labor;
  1. (b) A list of all equipment that the agency or political subdivision
  1. intends to use on the project, together with an estimate of the number of
  1. hours each item of equipment will be used and the hourly cost to use each
  1. item of equipment;
  1. (c) An estimate of the cost of administrative support for the persons
  1. assigned to the project;
  1. (d) An estimate of the total cost of the project; and
  1. (e) An estimate of the amount of money the agency or political
  1. subdivision expects to save by rejecting the bids and performing the project
  1. itself.
  1. 6. This section does not apply to:
  1. (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
  1. (b) Any work of construction, reconstruction, improvement and
  1. maintenance of highways subject to NRS 408.323 or 408.327;
  1. (c) Normal maintenance of the property of a school district; or
  1. (d) The Las Vegas Valley water district created pursuant to chapter 167,
  1. Statutes of Nevada 1947 [.] , the Moapa Valley water district created
  1. pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley
  1. water district created pursuant to chapter 100, Statutes of Nevada 1993.

Sec. 3. Section 1 of chapter 100, Statutes of Nevada 1993, as amended

by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended

to read as follows:

Section 1. There is hereby created a political subdivision of

this state to be known as the "Virgin Valley Water District." The

jurisdiction and service area of the district are all that real property

located in Clark County, Nevada, described as follows:

[Beginning at the northeast corner of section 10, Township 13

South, Range 71 East, Mount Diablo Meridian and running south

approximately 15 miles along the section lines to the southeast

corner of section 22, Township 15 South, Range 71 East, Mount

Diablo Meridian; thence westerly along the section lines

approximately 15 miles to the southwest corner of section 20,

Township 15 South, Range 69 East; thence northerly along the

section lines approximately 2 miles to the northwest corner of

section 17, Township 15 South, Range 69 East; thence easterly

along the north line of that section 17, a distance of 1 mile more or

less to the southwesterly corner of section 9, Township 15 South,

Range 69 East; thence northerly along the westerly section lines of

sections 9 and 4 to the northwesterly corner of section 4, Township

15 South, Range 69 East; thence westerly along the south lines of

Township 14 South approximately 14 miles to the southwesterly

corner of section 31, Township 14 South, Range 67 East, that point

also being on the west range line of Range 67 East; thence northerly

along that range line a distance of 12 miles more or less to the

northerly line of Clark County; thence easterly along the north line

of Clark County 28 miles more or less to a point in the north-south

boundary line between the States of Nevada and Arizona; thence

southerly along the Nevada-Arizona state line to the northeast

corner of section 10, Township 13 South, Range 71 East, Mount

Diablo Meridian,] Beginning at the northeast corner of section 3,

Township 13 South, Range 71 East, Mount Diablo Meridian

(MDM), which is also the intersection of the common boundary

line of Clark and Lincoln counties and the Nevada and Arizona

state line; thence south along the Nevada and Arizona state line

to the southeast corner of section 22, Township 15 South, Range

71 East, MDM, a distance of approximately 16 miles; thence

westerly to the southwest corner of section 20, Township 15

South, Range 69 East, MDM, a distance of approximately 14 1/2

miles; thence northerly to the northwest corner of section 17,

Township 15 South, Range 69 East, MDM, a distance of

approximately 2 miles; thence easterly to the northeast corner of

section 17, Township 15 South, Range 69 East, MDM, a distance

of approximately 1 mile; thence northerly to the northwest corner

of section 4, Township 15 South, Range 69 East, MDM, a

distance of approximately 2 miles; thence westerly to the

southwest corner of section 31, Township 14 South, Range 68

East, MDM, a distance of approximately 8 miles; thence northerly

to the northwest corner of section 19, Township 14 South, Range

68 East, MDM, a distance of approximately 3 miles; thence

easterly to the northeast corner of section 19, Township 14 South,

Range 68 East, MDM, a distance of

approximately 1 mile; thence northerly to the southeast corner of

section 6, Township 14 South, Range 68 East, MDM, a distance

of approximately 2 miles; thence westerly to the southwest corner

of section 6, Township 14 South, Range 68 East, MDM, a

distance of approximately 1 mile; thence northerly to the

northwest corner of section 6, Township 13 South, Range 68 East,

MDM, a distance of approximately 7 miles, a point located on the

common boundary of Clark and Lincoln counties; thence easterly

along said common county line to the northeast corner of section

3, Township 13 South, Range 71 East, MDM, a distance of

approximately 21 1/2 miles, the intersection of the common

boundary line of Clark and Lincoln counties and the Nevada and

Arizona state line, that point being the true point of beginning.

Sec. 4. 1. This section and sections 1 and 3 of this act become

effective on October 1, 1999.

2. Section 2 of this act becomes effective at 12:01 a.m. on May 1,

2013.

3. Section 1 of this act expires by limitation on May 1, 2013.

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