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Tuesday, Aug. 25, 2009 | 3:06 p.m.
Beltway widening
Sun Archives
- Paver learns its skeletons cost it a 215 Beltway job, not record (8-14-2009)
- Judge halts work on 215 Beltway project (8-5-2009)
- Company files new lawsuit over county award of construction job (7-30-2008)
- County reaffirms vote, rejects lowest bid for road project (7-21-2009)
- Judge: Protest of 215 Beltway paving bid too late (6-12-2009)
- Judge upholds temporary restraining order in Beltway paving lawsuit (4-27-2009)
- Company that lost 215 Beltway paving bid sues county (4-23-2009)
- 215 Beltway widening contract sparks controversy (4-21-2009)
- Interchange opens on Lake Mead, 215 Beltway (11-26-2008)
- Road construction continues despite economic downturn (11-21-2008)
County commissioners will review bids for the northern 215 Beltway construction project -- a third time. But a federal court judge said Tuesday that commissioners Steve Sisolak and Tom Collins shouldn't participate in the discussions or vote on awarding the contract.
Sending the disputed project back to the commission with the exclusion of the two commissioners was part of a negotiated agreement between attorneys for the county and contractors Las Vegas Paving and Fisher Sand and Gravel. Both commissioners have agreed to step aside to avoid further delays, county spokeswoman Jennifer Knight said.
U.S. District Court Judge Robert Jones was set to hear Fisher’s request for an injunction Tuesday morning but the deal was reached before arguments began. In the coming days, Jones will issue a writ of mandamus that will force the commission to review the bids without Sisolak and Collins at an upcoming commission meeting.
Jones had issued a temporary restraining order Aug. 5 that halted the project of converting the existing roadway to a four-lane highway. Fisher requested the injunction after company officials claimed commissioners arbitrarily rejected their lower bid for the project twice in recent months.
Jones’ decision overturns the commission’s determination at its July 21 meeting that Fisher wasn’t a responsible bidder because company officers had recent issues involving tax evasion, environmental quality violations and other unresolved legal concerns.
Fisher Sand and Gravel, a division of Fisher Industries of Dickinson, N.D., sued the county in April to prevent it from awarding the $116.8 million contract to Las Vegas Paving. The company claimed commissioners relied on false information about contractors’ licenses in rejecting its bid, which was $4.6 million less.
Clark County District Court Judge Elizabeth Gonzalez agreed with Fisher and ordered commissioners to reevaluate the bids.
Commissioners reaffirmed the contract to Las Vegas Paving on July 21 after the operating engineers union provided Sisolak with information about Fisher’s legal issues.
Fisher is a non-union contractor that works with union subcontractors and company officials felt they were fighting a pro-union bias starting at the commission meeting in April when Las Vegas Paving, the higher bidder, first was awarded the contract, said Fisher attorney Stan Parry.
“We obviously felt that commissioners Sisolak and Collins were not impartial, that they had made up their minds, that they had been influenced by inappropriate reasons,” Parry said.
Jones watched the video of the meeting then called counsel into his chambers. He later said in court that he didn't allow the attorneys to speak in his chambers but told them how he interpreted the commission’s actions.
Jones said commissioners failed to give the company a full opportunity to respond to the issues Sisolak aired during the July meeting. Fisher must have the chance to respond to the allegations to county staff and then with commissioners during a public hearing, Jones said.
“The court has no criticism of the commission in its decision. What I am criticizing only is the procedure,” he said.
The negotiated agreement was contingent upon Jones finding no evidence to support the accusation that commissioners were biased in their decisions.
Attorneys Walt Cannon and Tom Dillard, who represent the county, did not object to the agreement but do deny that commissioners had a bias in awarding the contract.
“I think they do the best job they can up there based on the information they have. That’s why we were unwilling to agree to any stipulation that suggests that they were biased,” Cannon said.
Fisher’s Nevada Area Manager Joe Miller said his company has constructed public projects in Nevada for 10 years and currently is building a $393 million highway near Reno for the Nevada Department of Transportation.
“I think we need to show just how responsible of a contractor we are,” he said. “The work should speak for itself but obviously, it doesn’t.”
Las Vegas Paving has been eager to start construction since January, said Jim Barker, the company’s general counsel. The company is confident the remaining five commissioners will be fair, he said.
“We’re more than willing to go back down before the same body that ruled against them twice,” he said. “The facts that were alleged to the commission are still the facts that are going to be re-alleged before the commission one more time. Nothing’s changed.”
The county also is anxious to move along the improvement project, Cannon said.
“We need to get this project going for a number of reasons,” he said. “We have a lot of people in this community that need jobs and this project is going to supply a lot of jobs for a lot of people.”
It takes a federal judge for a guy to get an even chance in Las Vegas? The man won the bid and only political influence and union campaign funds can overturn that fact.
For the commission to award this to anyone except the low bidder is immoral and expensive.
This is the right move.
Las Vegas Paving will be spreading cash around the city like leaves falling from trees, and will win the bid. And the Union loafers will then get the job, and then start their slow motion version of working hard.
This city stinks, and yet we're supposed to be a "Right to Work" state. What a sad, expensive joke.
Looks to me like Dario and Erin are back in the house. Collins is a good old boy. He does a pretty good job at being fair most of the time. Hard to believe he is in this jam. Sisolak is for hire!!! Funny, all bidders for County work have to be pre-qualified. Las Vegas Paving was and I am sure Fisher are both qualified bidders. What is at stake is $4.6 Millon dollars of our tax payer money. Shame on you Steve Sisolak. Can't wait for the next election cycle. Good bye and good riddence. At the rate Steve is going he will be up for ethics violations. Operating Engineers let Steve know about these issues. Thank God the Unions are taking good care of Las Vegas! Wow, they really care!
Wow! You would think the pre-qualifying County process would be better than what dirt the Union's could possible dig up?
What a waste. Look no futher than Steve!!!
Typical crooked Vegas at it's best here.
Seriously, Las Vegas Paving and the Commissioners need to be investigated, Las Vegas Paving has won every major bid coming across the board! No one else even has a chance in this town. I can not believe that no one is digging deeper into this, and everything else that the commissioners have thier hands in. Pay attention people, its time we have our goverment working for us as they are suppose to and not themselves.
Fisher Ind. it seems to me that you have alot of support, and I hope you win and take these crooks down.
The whole board of commissioners needs to be investigated!BY THE FEDS!But will it happen?Heck no.Why you ask?Because there slime and they allways have a way to slither out of trouble!And im sure if the doo doo gets too deep,they have uncle Harry to bail them out!!!
good call from the judge!
This is the vegas good old boy network at it's best. Why in the world would our elected officials vote to spend an extra 4 million dollars of our hard earned tax dollars, except for the fact that it's time to pay back the union for their campaign contributions. These projects are guaranteed by the contractors bonding companies, if the low bidder does not perform you file a claim against their bonding company, that is why our Nevada Statues require bonds on these projects. There was no reason other than "union paybacks" for these county commissioners to award this contract to Las Vegas Paving and spend an additional 4 million dollars of taxpayers money.
To "Take a stand people": what have you been smoking? LVP doesn't need to be investigated, they aren't the crooks..Fisher only has support from its employees who keep posting on here. Fisher are the crooks..it's been proven..and they were taken down by the FEDERAL GOVERNMENT. Every other Fisher boy has committed a serious offense..child porn, tax evasion..good luck finding something on any Paving people, cuz it aint there.
Unless you are in on every bid in this town, stuff it, cause you don't know squat. I passed a road project and you know who was working on it..NOT LVP!
The commissioners have state legislation behind their decision. So all you whiners (and Fisher employees with nothing better to do than post on here) can b*tch till the sun don't shine.
All this talk about 4 Million..they could change order this to death and then their bid won't be lower, so enough already. Maybe if LVP went out and bid-shopped like Fisher then would have won it outright and we wouldn't even be having this conversation. Oh, that's right..they aren't the crooks.
To kvg2009, please do some research before you comment online. Research the bid history between The Clark County Commission and LVP. Please review the Clark County Commission meetings (which you can do online). Please research the tax evasion charge and again, watch the video from the last meeting where Mr. Fisher more than explains this situation.
LVP is "legalized corruption". Do some research to see how much money LVP has contributed to the different County Commissioners "hot spots". Look at the donations to UNLV..
Everyone should have a chance to speak but only people who have spent hours researching the "facts" should be listened to.
To takeastandpeople, I also asked this question to Channel 13 and Channel 8 news who supposedly investigate on behalf of Clark County Taxpayers with no luck. I simply wanted to know why none of the newstations were following this story and making taxpayers aware of the actions of our County Commissioners.
Also, I have sent several emails to Steve Sisolak and Rory Reid regarding their actions at the last two meetings addressing this situation but of course, have had no response.
I think if people actually researched this case, watched the meetings online, especially the last witch hunt where a local union representative was allowed to speak on LVP behalf but a concerned citizen was told that they were not taking statements or questions regarding this case, might be a little appalled at the Union corruptness that is occurring in this situation. The union representative had no LEGAL right to speak at this hearing and the whole hearing was down right disgusting.
Why this has to keep croping up is beyond me.
Las Vegas Paving is the # 1 road construction contractor in the State of Nevada, Not because they bought the position,but because they achieved it the old fashioned way. THEY EARNED IT. Enough already let's get the ball rolling and get this stretch of road done. So as to increase the safety of our citizens.
I suppose that you don't get to the top without upsetting a few people along the way. All I can say to you is try doing it the right way!
Also why Collins and Sisolak are removed from the next hearing is ludicris, this unfairly shifts the playing field. These two are commissioners who truly have the good of Clark County at heart.