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StumbleJudge upholds temporary restraining order in Beltway paving lawsuit
Published Monday, April 27, 2009 | 1:31 p.m.
Updated Monday, April 27, 2009 | 5:05 p.m.
Documents (.pdf)
Beltway widening
A District Court judge upheld a temporary restraining order against Clark County today, halting the award of a $116.8 million bid for construction on the northern 215 Beltway.
Fisher Sand and Gravel filed a challenge to the award of the contract on April 22 because its submitted bid was $4.6 million less than the bid County Commissioners accepted from Las Vegas Paving.
In the challenge, Fisher has asked Judge Elizabeth Gonzalez to overrule the commission’s decision based on state statutes requiring public projects to be awarded to the best bid.
Commissioners awarded the construction contract to Las Vegas Paving on April 21 to convert the existing roadway into a four-lane highway from Tenaya Way to Decatur Boulevard with interchanges at Jones Boulevard and Decatur.
When the bids were announced in January, Las Vegas Paving filed a protest claiming two of Fisher’s subcontractors lacked the appropriate contractor’s license to perform highway construction.
Commissioners upheld the protest even though county staff and its attorney said the subcontractors, Bravo Underground and Pipes Paving, were in compliance.
Tom Dillard, a private practice attorney representing the county, said the commissioners had the discretion to choose as they did based on the parameters of state law.
"It was a reasonable decision," he said.
Fisher also claims Las Vegas Paving filed the protest after the statutory five-day window had closed.
Along with upholding the temporary restraining order, Gonzalez also allowed Las Vegas Paving and Bravo to join the legal action.
A hearing has been scheduled for May 11 on whether to allow a preliminary injunction.
CORRECTION: This story has been updated to reflect that the restraining order was upheld and a decision on the injunction is pending.
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Could the County Commissioners have been caught with their hands out to their favorite buddies, LV Paving? I don't think this will be another Strip Club debacle, but it would be nice to see them whine and squirm. Way to go, Judge Gonzalez. Hope they don't get to you. This town would make John Gotti blush.....if he could.
Las Vegas Paving DID NOT pay off any commissioners! So get over yourself. These articles about this matter seem so one-sided it seems everybody is getting paid off by Fisher. LVP's protest was timely, Fisher's bid was non-responsive due to having unlicensed subs...every other bid on this project had subs with A2 license, what was their problem. If an A2 license wasn't required to work on a highway there would not exist a subclass A2: HIGHWAYS. I am so tired of everyone making LVP out to be the bad guy, they are just fighting for what is right, the awarding of the bid to the lowest RESPONSIVE RESPONSIBLE bidder.
Don't worry, lv1. You'll be sitting on your asphalt roller in a few months. Did LV Paving use your name to write your response? A responsive responsible bidder?-what a joke. You know, or your bosses know, that the fix was in-and now you're worried about making your wage. Hope you lose, losers....
Such anger LV1. Read the information available before going off on an angry rant. Fisher didn't use unlicensed subs. In fact, the District Attorney stated on multiply occasions that the subs held the correct license. Further, read NRS regarding subcontractors. Had the District Attorney actually thought the subcontractors were unlicensed, the statute requires they be REPLACED. There is no place in NRS that would allow the Fisher bid to be deemed nonresponsive. Additionally, if you actually read the information that is attached to the articles, you would see that LVP actually had subcontractors listed that did not have the magical "highway" license. Shouldn't those subcontractors be treated the same as Bravo and Pipes Paving? Maybe we are to assume that steel placement in a bridge is less critical than grading or pipe work and therefore shouldn't be viewed in the same light. One can only hope that the correct decision is ultimately reached in a court of law.
Thanks for your response bdover-unfortunately for you I don't sit on an asphalt roller and they don't pay my wage, so that would make you the loser.
And pot roast, Fisher did list subs that did not have the "A2" license for this "Highway" project. The subs that are being referenced in another LVP job, are not what is at issue. The unlicensed subs being used on THIS job are at issue. Obviously no one had a problem with the subs on that job or someone would've filed a protest.
Thank God Judge Gonzalez is not afraid to stand up to these elected crooks. Any "clean" judge can easily read the statutes and the timing of the protest to see how off-base the rude and corrupt commissioners were.
lv1 read the documents again. LVP used subs on THIS job that did not have A2 license. You are correct that there is a second job referenced that LVP has 18 subs, of which 17 don't have the license LVP has stated is required. If LVP really believes that an A2 is required, they would never use anyone that didn't have the A2 - regardless of the job. It just appears that the historical LVP bid information seems to contradict the claims made in this instance.
And how cool is it that you had to responde to someone named "pot roast".
Do you know what NRS guideline was used as the basis for rejecting Fisher? I haven't seen any comments that show that information? I'm asking you becuase you seem to be in agreement with the Commissioners.