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

2-1 contractor an equal opportunity to bid on a public works project. A

2-2 properly licensed contractor must submit a written request annually to the

2-3 public body to remain on the list. Offers for bids which are made pursuant

2-4 to this subsection must be sent by certified mail.

2-5 3. Approved plans and specifications for the bids must be on file at a

2-6 place and time stated in the advertisement for the inspection of all persons

2-7 desiring to bid thereon and for other interested persons. Contracts for the

2-8 project must be awarded on the basis of bids received.

2-9 4. Any or all bids received in response to an advertisement for bids

2-10 may be rejected if the person responsible for awarding the contract

2-11 determines that:

2-12 (a) The bidder is not responsive or responsible;

2-13 (b) The quality of the services, materials, equipment or labor offered

2-14 does not conform to the approved plan or specifications; or

2-15 (c) The public interest would be served by such a rejection.

2-16 5. Before an agency or political subdivision of the state may commence

2-17 a project subject to the provisions of this section, based upon a

2-18 determination that the public interest would be served by rejecting any bids

2-19 received in response to an advertisement for bids, it shall prepare and make

2-20 available for public inspection a written statement containing:

2-21 (a) A list of all persons, including supervisors, who the agency or

2-22 political subdivision intends to assign to the project, together with their

2-23 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 subdivision

2-25 intends to use on the project, together with an estimate of the number of

2-26 hours each item of equipment will be used and the hourly cost to use each

2-27 item of equipment;

2-28 (c) An estimate of the cost of administrative support for the persons

2-29 assigned to the project;

2-30 (d) An estimate of the total cost of the project; and

2-31 (e) An estimate of the amount of money the agency or political

2-32 subdivision expects to save by rejecting the bids and performing the project

2-33 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 and

2-37 maintenance of highways subject to NRS 408.323 or 408.327;

2-38 (c) Normal maintenance of the property of a school district; or

2-39 (d) The Las Vegas Valley water district created pursuant to chapter 167,

2-40 Statutes of Nevada 1947 [.] , the Moapa Valley water district created

2-41 pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley

2-42 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:

3-2 338.143 1. Except as otherwise provided in subsection 6, an agency

3-3 or political subdivision of the state, or a public officer, public employee or

3-4 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 exceeds

3-7 $100,000, unless it advertises in a newspaper of general circulation in the

3-8 state for bids for the project; or

3-9 (b) Divide such a project into separate portions to avoid the

3-10 requirements of paragraph (a).

3-11 2. Except as otherwise provided in subsection 6, a public body that

3-12 maintains a list of properly licensed contractors who are interested in

3-13 receiving offers to bid on public works projects for which the estimated

3-14 cost is more than $25,000 but less than $100,000 shall solicit bids from not

3-15 more than three of the contractors on the list for a contract of that value for

3-16 the construction, alteration or repair of a public work. The public body

3-17 shall select contractors from the list in such a manner as to afford each

3-18 contractor an equal opportunity to bid on a public works project. A

3-19 properly licensed contractor must submit a written request annually to the

3-20 public body to remain on the list. Offers for bids which are made pursuant

3-21 to this subsection must be sent by certified mail.

3-22 3. Approved plans and specifications for the bids must be on file at a

3-23 place and time stated in the advertisement for the inspection of all persons

3-24 desiring to bid thereon and for other interested persons. Contracts for the

3-25 project must be awarded on the basis of bids received.

3-26 4. Any or all bids received in response to an advertisement for bids

3-27 may be rejected if the person responsible for awarding the contract

3-28 determines that:

3-29 (a) The bidder is not responsive or responsible;

3-30 (b) The quality of the services, materials, equipment or labor offered

3-31 does not conform to the approved plan or specifications; or

3-32 (c) The public interest would be served by such a rejection.

3-33 5. Before an agency or political subdivision of the state may commence

3-34 a project subject to the provisions of this section, based upon a

3-35 determination that the public interest would be served by rejecting any bids

3-36 received in response to an advertisement for bids, it shall prepare and make

3-37 available for public inspection a written statement containing:

3-38 (a) A list of all persons, including supervisors, who the agency or

3-39 political subdivision intends to assign to the project, together with their

3-40 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 subdivision

4-2 intends to use on the project, together with an estimate of the number of

4-3 hours each item of equipment will be used and the hourly cost to use each

4-4 item of equipment;

4-5 (c) An estimate of the cost of administrative support for the persons

4-6 assigned to the project;

4-7 (d) An estimate of the total cost of the project; and

4-8 (e) An estimate of the amount of money the agency or political

4-9 subdivision expects to save by rejecting the bids and performing the project

4-10 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 and

4-14 maintenance of highways subject to NRS 408.323 or 408.327;

4-15 (c) Normal maintenance of the property of a school district; or

4-16 (d) The Las Vegas Valley water district created pursuant to chapter 167,

4-17 Statutes of Nevada 1947 [.] , the Moapa Valley water district created

4-18 pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley

4-19 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 amended

4-21 by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended

4-22 to read as follows:

4-23 Section 1. There is hereby created a political subdivision of

4-24 this state to be known as the "Virgin Valley Water District." The

4-25 jurisdiction and service area of the district are all that real property

4-26 located in Clark County, Nevada, described as follows:

4-27 [Beginning at the northeast corner of section 10, Township 13

4-28 South, Range 71 East, Mount Diablo Meridian and running south

4-29 approximately 15 miles along the section lines to the southeast

4-30 corner of section 22, Township 15 South, Range 71 East, Mount

4-31 Diablo Meridian; thence westerly along the section lines

4-32 approximately 15 miles to the southwest corner of section 20,

4-33 Township 15 South, Range 69 East; thence northerly along the

4-34 section lines approximately 2 miles to the northwest corner of

4-35 section 17, Township 15 South, Range 69 East; thence easterly

4-36 along the north line of that section 17, a distance of 1 mile more

4-37 or less to the southwesterly corner of section 9, Township 15

4-38 South, Range 69 East; thence northerly along the westerly section

4-39 lines of sections 9 and 4 to the northwesterly corner of section 4,

4-40 Township 15 South, Range 69 East; thence westerly along the

4-41 south lines of Township 14 South approximately 14 miles to the

4-42 southwesterly corner of section 31, Township 14 South, Range

4-43 67 East, that point also being on the west range line of Range 67

5-1 East; thence northerly along that range line a distance of 12 miles

5-2 more or less to the northerly line of Clark County; thence easterly

5-3 along the north line of Clark County 28 miles more or less to a

5-4 point in the north-south boundary line between the States of

5-5 Nevada and Arizona; thence southerly along the Nevada-Arizona

5-6 state line to the northeast corner of section 10, Township 13

5-7 South, Range 71 East, Mount Diablo Meridian,] Beginning at

5-8 the northeast corner of section 3, Township 13 South, Range

5-9 71 East, Mount Diablo Meridian (MDM), which is also the

5-10 intersection of the common boundary line of Clark and Lincoln

5-11 counties and the Nevada and Arizona state line; thence south

5-12 along the Nevada and Arizona state line to the southeast corner

5-13 of section 22, Township 15 South, Range 71 East, MDM, a

5-14 distance of approximately 16 miles; thence westerly to the

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

5-16 East, MDM, a distance of approximately 14 1/2 miles; thence

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

5-18 South, Range 69 East, MDM, a distance of approximately 2

5-19 miles; thence easterly to the northeast corner of section 17,

5-20 Township 15 South, Range 69 East, MDM, a distance of

5-21 approximately 1 mile; thence northerly to the northwest corner

5-22 of section 4, Township 15 South, Range 69 East, MDM, a

5-23 distance of approximately 2 miles; thence westerly to the

5-24 southwest corner of section 31, Township 14 South, Range 68

5-25 East, MDM, a distance of approximately 8 miles; thence

5-26 northerly to the northwest corner of section 19, Township 14

5-27 South, Range 68 East, MDM, a distance of approximately 3

5-28 miles; thence easterly to the northeast corner of section 19,

5-29 Township 14 South, Range 68 East, MDM, a distance of

5-30 approximately 1 mile; thence northerly to the southeast corner

5-31 of section 6, Township 14 South, Range 68 East, MDM, a

5-32 distance of approximately 2 miles; thence westerly to the

5-33 southwest corner of section 6, Township 14 South, Range 68

5-34 East, MDM, a distance of approximately 1 mile; thence

5-35 northerly to the northwest corner of section 6, Township 13

5-36 South, Range 68 East, MDM, a distance of approximately 7

5-37 miles, a point located on the common boundary of Clark and

5-38 Lincoln counties; thence easterly along said common county

5-39 line to the northeast corner of section 3, Township 13 South,

5-40 Range 71 East, MDM, a distance of approximately 21 1/2

5-41 miles, the intersection of the common boundary line of Clark

5-42 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 act

6-2 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.

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