NevadaLabor.com: Laborers file legal action against Sparks

RENO – Sparks resident and labor leader Richard "Skip" Daly has filed an action in Washoe District Court to force the City of Sparks to follow state law in awarding a major construction project.

The document was filed late Thursday in Washoe District Court by attorney Michael Langton on behalf of Daly as an individual and on behalf Laborers' Union Local 169, where Daly serves as business manager.

The court is being asked to direct the City of Sparks "to accept the lawful bids of contractors who submitted a bid to construct the federally funded Spanish Springs Sanitary Sewer Phase 3 Project," a $7.5 million public work.

Nine of the 10 bidders were properly licensed as contractors. However, the apparent low bidder was not properly licensed as a contractor under the laws of Nevada, voiding that proposal.

"Rather than following the law and recommending that the city council award the contract to the next qualified bidder, the city's purchasing manager decided on his own to reject all bids and re-open the entire project," Daly said.

"The action of the purchasing manager was in excess of his authority under Sparks Municipal Code 2.25.150," Daly said. [1]

"The heart of the issue is that Nevada Revised Statutes (NRS) mandate that only the public body or its authorized representative responsible for awarding the project can reject a bid," Daly said. [NRS 338.1385 (6) (d)]

"The city's purchasing manager did not have the authority to do what he did," Daly said.

"Unfortunately, City Attorney Chet Adams is recklessly backing the improper, unauthorized, and in my opinion, illegal actions of the purchasing manager. This is not only costing the city money but also delaying the flow of badly needed stimulus dollars into the northern Nevada economy.

"The decision to reject any bid should have gone to the full city council. We want the council to review the bids and we want it to happen now," the lifelong Sparks resident stated.

The filing asserts that "The City of Sparks had a duty to award the bid on the project to the entity that was the lowest responsive bidder and that submitted its bid in accordance with Nevada law as required in the Request for Bids….it is (our) understanding that such rebid will occur on or about July 8, 2009."

Daly asks that the court issue a writ of mandamus compelling Sparks to award the contract to the lowest legal bidder or, in the alternative, issue a writ of prohibition preventing Sparks from rebidding "until it has complied with the laws of the State of Nevada."

Copies of the filing are available upon request or may be downloaded from NevadaLabor.com (.pdf).

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[1] Sparks Municipal Code 2.25.150 (E) states "The city manager as chief administrative officer or purchasing manager as the principal designated authorized representative are authorized to execute contracts providing for an expenditure of less than twenty-five thousand dollars ($25,000.00) unless otherwise provided by ordinance or direction of the city council."

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