| Order halts park renovation Construction company accuses BHC of violating state law | |
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By NEIL YOUNG Mohave Daily News | |
BULLHEAD CITY - Work on the new Community Park ramada has come to a grinding halt. Wednesday, Mohave County Superior Court Division 1 Judge Charles Gurtler issued a temporary restraining order on behalf of Pueblo Construction to stop work on the project. The action results from the city's awarding a bid to Tonto Supply, Inc. of Colorado City to replace the ramada and construct new restrooms. The project was approved by voters in 2007 when they passed the AEL (Alternative Expenditure Limitation) initiative. After the contract with Tonto was signed, the state of Arizona "swept," or took away, a grant previously awarded to Bullhead City which would have paid for sewer improvements as part of the restroom phase of the project. The city council approved a "change order" April 7, amending the contract to remove the restrooms from the project. Pueblo owner Larry Adams protested the action at a city council meeting and City Manager Tim Ernster denied the protest. Adams returned to the council chamber Tuesday with two attorneys in tow: local attorney Dan Oehler and Joshua Grabel, from Snell and Wilmer of Phoenix. In an attempt to convince them to reverse Ernster's decision, Grabel told council members the city is in violation of state law. "An amended contract is a material change," he said. "If it's distinct or different from the original contract it must be put out to bid again." Bullhead City Attorney Kent Foree argued the project had not changed. "It's the same project," he said. Council members said the city was not at fault, since it was reacting to the loss of state funding. "Does he (Adams) really want to put this community through this?" asked Vice Mayor Sam Medrano. "Who's the real loser here? The potential loser is our community." Grabel answered, "The city's in active violation of the Public Procurement Act." He made it clear Bullhead City was facing legal action if the council did not reverse course. Council members voted unanimously to uphold Ernster's ruling. The city is under pressure to complete the ramada in time for the Bullhead City River Regatta - and the 25th anniversary of the city's incorporation - in August. City officials expect the regatta to draw 7,000 participants. "I want to see this ramada completed and whatever happens after that, happens," said Mayor Jack Hakim. "The judge granted the request for the temporary restraining order, but we haven't seen the order yet," Foree said Wednesday. "We've already notified Tonto to discontinue work," he said. "I think, officially, it probably isn't effective until we actually receive (the order) but we're not going to do something when we know that the court is actively participating." "Obviously, the court felt that there was adequate factual basis to look into whether or not there was a violation of the procurement code and has set an evidentiary hearing in order to make that determination," Oehler said. The hearing is set for June 4 and 5. Staff reporter Neil Young covers city and growth issues. Contact him at 928-763-2505, ext. 141 or by e-mail at nyoung@mohavedaily news.com. | |
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MohaveDailyNews.com Originally published Thursday, May 21, 2009 | |
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