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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

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

1-2 338.143 1. Except as otherwise provided in subsection 6 and NRS

1-3 338.1906 and 338.1907, an agency or political subdivision of the state, or a

1-4 public officer, public employee or other person responsible for awarding a

1-5 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 exceeds

1-7 $100,000, unless it advertises in a newspaper of general circulation in the

1-8 state for bids for the project; or

1-9 (b) Divide such a project into separate portions to avoid the

1-10 requirements of paragraph (a).

1-11 2. Except as otherwise provided in subsection 6, a public body that

1-12 maintains a list of properly licensed contractors who are interested in

1-13 receiving offers to bid on public works projects for which the estimated

1-14 cost is more than $25,000 but less than $100,000 shall solicit bids from not

1-15 more than three of the contractors on the list for a contract of that value for

1-16 the construction, alteration or repair of a public work. The public body

1-17 shall select contractors from the list in such a manner as to afford each

1-18 contractor an equal opportunity to bid on a public works project. A

1-19 properly licensed contractor must submit a written request annually to the

2-1 public body to remain on the list. Offers for bids which are made pursuant

2-2 to this subsection must be sent by certified mail.

2-3 3. Approved plans and specifications for the bids must be on file at a

2-4 place and time stated in the advertisement for the inspection of all persons

2-5 desiring to bid thereon and for other interested persons. Contracts for the

2-6 project must be awarded on the basis of bids received.

2-7 4. Any or all bids received in response to an advertisement for bids

2-8 may be rejected if the person responsible for awarding the contract

2-9 determines that:

2-10 (a) The bidder is not responsive or responsible;

2-11 (b) The quality of the services, materials, equipment or labor offered

2-12 does not conform to the approved plan or specifications; or

2-13 (c) The public interest would be served by such a rejection.

2-14 5. Before an agency or political subdivision of the state may commence

2-15 a project subject to the provisions of this section, based upon a

2-16 determination that the public interest would be served by rejecting any bids

2-17 received in response to an advertisement for bids, it shall prepare and make

2-18 available for public inspection a written statement containing:

2-19 (a) A list of all persons, including supervisors, who the agency or

2-20 political subdivision intends to assign to the project, together with their

2-21 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 subdivision

2-23 intends to use on the project, together with an estimate of the number of

2-24 hours each item of equipment will be used and the hourly cost to use each

2-25 item of equipment;

2-26 (c) An estimate of the cost of administrative support for the persons

2-27 assigned to the project;

2-28 (d) An estimate of the total cost of the project; and

2-29 (e) An estimate of the amount of money the agency or political

2-30 subdivision expects to save by rejecting the bids and performing the project

2-31 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 and

2-35 maintenance of highways subject to NRS 408.323 or 408.327;

2-36 (c) Normal maintenance of the property of a school district; or

2-37 (d) The Las Vegas Valley water district created pursuant to chapter 167,

2-38 Statutes of Nevada 1947 [.] , the Moapa Valley water district created

2-39 pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley

2-40 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:

2-42 338.143 1. Except as otherwise provided in subsection 6, an agency

2-43 or political subdivision of the state, or a public officer, public employee or

3-1 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 exceeds

3-4 $100,000, unless it advertises in a newspaper of general circulation in the

3-5 state for bids for the project; or

3-6 (b) Divide such a project into separate portions to avoid the

3-7 requirements of paragraph (a).

3-8 2. Except as otherwise provided in subsection 6, a public body that

3-9 maintains a list of properly licensed contractors who are interested in

3-10 receiving offers to bid on public works projects for which the estimated

3-11 cost is more than $25,000 but less than $100,000 shall solicit bids from not

3-12 more than three of the contractors on the list for a contract of that value for

3-13 the construction, alteration or repair of a public work. The public body

3-14 shall select contractors from the list in such a manner as to afford each

3-15 contractor an equal opportunity to bid on a public works project. A

3-16 properly licensed contractor must submit a written request annually to the

3-17 public body to remain on the list. Offers for bids which are made pursuant

3-18 to this subsection must be sent by certified mail.

3-19 3. Approved plans and specifications for the bids must be on file at a

3-20 place and time stated in the advertisement for the inspection of all persons

3-21 desiring to bid thereon and for other interested persons. Contracts for the

3-22 project must be awarded on the basis of bids received.

3-23 4. Any or all bids received in response to an advertisement for bids

3-24 may be rejected if the person responsible for awarding the contract

3-25 determines that:

3-26 (a) The bidder is not responsive or responsible;

3-27 (b) The quality of the services, materials, equipment or labor offered

3-28 does not conform to the approved plan or specifications; or

3-29 (c) The public interest would be served by such a rejection.

3-30 5. Before an agency or political subdivision of the state may commence

3-31 a project subject to the provisions of this section, based upon a

3-32 determination that the public interest would be served by rejecting any bids

3-33 received in response to an advertisement for bids, it shall prepare and make

3-34 available for public inspection a written statement containing:

3-35 (a) A list of all persons, including supervisors, who the agency or

3-36 political subdivision intends to assign to the project, together with their

3-37 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 subdivision

3-39 intends to use on the project, together with an estimate of the number of

3-40 hours each item of equipment will be used and the hourly cost to use each

3-41 item of equipment;

3-42 (c) An estimate of the cost of administrative support for the persons

3-43 assigned to the project;

4-1 (d) An estimate of the total cost of the project; and

4-2 (e) An estimate of the amount of money the agency or political

4-3 subdivision expects to save by rejecting the bids and performing the project

4-4 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 and

4-8 maintenance of highways subject to NRS 408.323 or 408.327;

4-9 (c) Normal maintenance of the property of a school district; or

4-10 (d) The Las Vegas Valley water district created pursuant to chapter 167,

4-11 Statutes of Nevada 1947 [.] , the Moapa Valley water district created

4-12 pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley

4-13 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 amended

4-15 by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended

4-16 to read as follows:

4-17 Section 1. There is hereby created a political subdivision of

4-18 this state to be known as the "Virgin Valley Water District." The

4-19 jurisdiction and service area of the district are all that real property

4-20 located in Clark County, Nevada, described as follows:

4-21 [Beginning at the northeast corner of section 10, Township 13

4-22 South, Range 71 East, Mount Diablo Meridian and running south

4-23 approximately 15 miles along the section lines to the southeast

4-24 corner of section 22, Township 15 South, Range 71 East, Mount

4-25 Diablo Meridian; thence westerly along the section lines

4-26 approximately 15 miles to the southwest corner of section 20,

4-27 Township 15 South, Range 69 East; thence northerly along the

4-28 section lines approximately 2 miles to the northwest corner of

4-29 section 17, Township 15 South, Range 69 East; thence easterly

4-30 along the north line of that section 17, a distance of 1 mile more

4-31 or less to the southwesterly corner of section 9, Township 15

4-32 South, Range 69 East; thence northerly along the westerly section

4-33 lines of sections 9 and 4 to the northwesterly corner of section 4,

4-34 Township 15 South, Range 69 East; thence westerly along the

4-35 south lines of Township 14 South approximately 14 miles to the

4-36 southwesterly corner of section 31, Township 14 South, Range

4-37 67 East, that point also being on the west range line of Range 67

4-38 East; thence northerly along that range line a distance of 12 miles

4-39 more or less to the northerly line of Clark County; thence easterly

4-40 along the north line of Clark County 28 miles more or less to a

4-41 point in the north-south boundary line between the States of

4-42 Nevada and Arizona; thence southerly along the Nevada-Arizona

4-43 state line to the northeast corner of section 10, Township 13

5-1 South, Range 71 East, Mount Diablo Meridian,] Beginning at

5-2 the northeast corner of section 3, Township 13 South, Range

5-3 71 East, Mount Diablo Meridian (MDM), which is also the

5-4 intersection of the common boundary line of Clark and Lincoln

5-5 counties and the Nevada and Arizona state line; thence south

5-6 along the Nevada and Arizona state line to the southeast corner

5-7 of section 22, Township 15 South, Range 71 East, MDM, a

5-8 distance of approximately 16 miles; thence westerly to the

5-9 southwest corner of section 20, Township 15 South, Range 69

5-10 East, MDM, a distance of approximately 14 1/2 miles; thence

5-11 northerly to the northwest corner of section 17, Township 15

5-12 South, Range 69 East, MDM, a distance of approximately 2

5-13 miles; thence easterly to the northeast corner of section 17,

5-14 Township 15 South, Range 69 East, MDM, a distance of

5-15 approximately 1 mile; thence northerly to the northwest corner

5-16 of section 4, Township 15 South, Range 69 East, MDM, a

5-17 distance of approximately 2 miles; thence westerly to the

5-18 southwest corner of section 31, Township 14 South, Range 68

5-19 East, MDM, a distance of approximately 8 miles; thence

5-20 northerly to the northwest corner of section 19, Township 14

5-21 South, Range 68 East, MDM, a distance of approximately 3

5-22 miles; thence easterly to the northeast corner of section 19,

5-23 Township 14 South, Range 68 East, MDM, a distance of

5-24 approximately 1 mile; thence northerly to the southeast corner

5-25 of section 6, Township 14 South, Range 68 East, MDM, a

5-26 distance of approximately 2 miles; thence westerly to the

5-27 southwest corner of section 6, Township 14 South, Range 68

5-28 East, MDM, a distance of approximately 1 mile; thence

5-29 northerly to the northwest corner of section 6, Township 13

5-30 South, Range 68 East, MDM, a distance of approximately 7

5-31 miles, a point located on the common boundary of Clark and

5-32 Lincoln counties; thence easterly along said common county

5-33 line to the northeast corner of section 3, Township 13 South,

5-34 Range 71 East, MDM, a distance of approximately 21 1/2

5-35 miles, the intersection of the common boundary line of Clark

5-36 and Lincoln counties and the Nevada and Arizona state line,

5-37 that point being the true point of beginning.

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