Supreme Court upholds county’s contract decision

Thursday, Feb. 6, 2003 | 9:51 a.m.

CARSON CITY -- The Nevada Supreme Court has upheld the Clark County Commission's decision not to award a contract to the low bidder for renovation and construction of restrooms to comply with the Americans With Disabilities Act.

City Plan Development Inc. and Ernesto Savino appealed the bid award to the court, noting that City Plan Development submitted the low bid and claiming that the company should have been awarded the contract.

The county commission in January 2001 received information from Ted Olivas, purchasing manager for the county general services department, that City Plan Development had violated prevailing wage laws on prior Clark County projects.

Olivas told the commission that the company's action constituted a breach of contract and gave the firm an unfair advantage in the bidding process.

The company disputed some of the accusations. But the Nevada Supreme Court said the record contains "substantial evidence" supporting the commission's conclusion that City Plan had problems in past contracts.

The court noted the law allows a governing board discretion to determine the "lowest responsive and responsible bidder." The ruling upholds the findings of District Judge Kathy Hardcastle.