ANSWERS: CLARK COUNTY:

Paving bid conflict issue is back in court

Judge barred action by Commissioner Collins, who now wants same judge to delay a new vote

STEVE MARCUS / LAS VEGAS SUN file

Gov. Jim Gibbons, center, joins Las Vegas Paving CEO Bob Mendenhall after signing a contract at the company’s offices for an Interstate 15 project.

By Joe Schoenmann (contact)

Sunday, Oct. 18, 2009 | 2 a.m.

Tom Collins

LAS VEGAS SUN FILE

Steve Sisolak

Download the temporary restraining order request by Commissioner Tom Collins
Download U.S. District Court Judge Howard McKibben's order to recuse himself from the case

More stories about transportation

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215 Beltway project may be headed for deadlock (9-1-2009)
Commission to review 215 Beltway bid again, minus two members (8-25-2009)
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)

Word in the county building was that Commissioner Tom Collins’ lawsuit naming Clark County, Fisher Sand & Gravel and Las Vegas Paving as defendants was a bit of political grandstanding.

Collins’ lawsuit demands that he be allowed to vote when a $100 million-plus highway paving project comes before the County Commission for a second time.

Those questioning the sincerity of the suit said that because it wasn’t filed as an emergency or with a temporary restraining order request, it didn’t stand a chance of having its day in court before the County Commission’s vote Tuesday.

U.S. District Court Judge Robert Jones’ previous order forbade Collins and Commissioner Steve Sisolak from voting on who would win the bid for a controversial county highway paving project.

Fisher’s lawyers alleged the company was denied due process and that some commissioners, Collins and Sisolak in particular, were unduly influenced by the unions that support Las Vegas Paving.

What good would the lawsuit do if a judge can’t rule on it until long after the county board votes?

Collins was asked that question by a Sun reporter Monday. On Wednesday his attorney, Keen Ellsworth, filed a motion for a preliminary injunction to prevent the commission from voting on the matter until Collins’ lawsuit has a court hearing. The board is expected to vote on the matter late in its Tuesday meeting.

The commission agenda includes a list of bidders in order from lowest to highest. Fisher Sand & Gravel is lowest at $112.2 million with Las Vegas Paving second at $116.8 million. Third is Meadow Valley Contractors at $116.9 million.

This is familiar territory, isn’t it?

True.

Fisher also came in with the lowest bid in July. The board rejected it after determining that the company was not a “responsible” bidder. Las Vegas Paving won the contract instead. Fisher sued, and Jones signed an order for the commission to take new bids and another vote. He also forbade Collins and Sisolak from voting.

Collins was outraged, saying his right as a duly elected public official was being denied. He sued, saying it appeared that Fisher, Las Vegas Paving and Clark County attorneys agreed to keep him from re-votingwithout ever bothering to consult him on the issue.

So what’s the status of his lawsuit as the scheduled County Commission vote approaches?

Well, another twist arose after Collins filed his request for a temporary restraining order. The federal judge assigned to the case, Howard Mc-

Kibben, recused himself “sua sponte” (on his own motion) Thursday. Federal Judicial Code states that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” No reason was given for his recusal and McKibben could not be reached Friday.

Collins’ request was reassigned to Jones, the judge who signed the order preventing Collins from voting in the first place.

That doesn’t sound good for Collins, does it? Why would the judge who first ruled against him suddenly agree with him?

It’s a different ruling. This is just a request to keep the County Commission from voting until Collins’ lawsuit gets a hearing. It’s not saying whether he is right or wrong.

And when is the hearing on the temporary restraining order?

10 a.m. Monday.

•••

The thousands of county workers who wend their way through downtown Las Vegas commuting to and from the job will want to know about a midday enforcement action planned by Metro.

Why would county workers or anyone downtown, which is home-away-from-home for hundreds of attorneys, be worried?

Metro is setting up one of its saturation traffic enforcement patrols from 11 a.m. to 6 p.m. Wednesday, focusing on “vehicle operators who do not give the right of way to pedestrians in crosswalks.”

If you’ve ever seen coffee-starved, early morning commuters zipping around pedestrians as if they didn’t exist, you can see how Metro might have its hands full.

Where is Metro setting up shop for this?

A news release said six officers will be on the watch in the “Eastern (Avenue) Corridor” from Charleston Boulevard to Stewart Avenue, the street on which both Las Vegas City Hall and Metro’s headquarters are located.

Discussion: 7 comments so far…

By neiman1

10/18/09 at 7:47 a.m.

Suggest removal

The outright corruption in Clark County is so obvious in this case. Without regard to saving $4 million dollars, the union leaders will not allow the county to award a bid to someone that doesn't pay them for the right to exist.

Our bought and paid for commissioners don't mind how it looks, they are doing as their owners in the union locals dictate.
By vegasnative40

10/18/09 at 9:58 a.m.

Suggest removal

The RJC building, if you'll recall, went to the lowest bidder and the job ended up costing the County much more. I think they're smart to take the time to make the right decision. If the job gets botched by a company that is inept, you'll be the first person on here saying how it's the Commissioners' fault. But something tells me you just like to complain.
By nednougat

10/18/09 at 12:43 p.m.

Suggest removal

Whatever happened to those cracked tennis courts that LV paving installed at Sunset Park years ago? The story seemed to disappear quite quickly, and the smell of fresh green paper probably solved the problem quickly. But I wonder if the courts are still cracked...
By 70aarcuda

10/18/09 at 10:30 p.m.

Suggest removal

are there any guarntees that if LVP gets awarded the job that the cost is not going up...

change orders are usually from lousy plans and designs...along with differing site conditions which no one can control.

so have LVP sign letter promising not to request any additonal payment for extra work...yeah right...
By sandhilllv1

10/19/09 at 9:46 a.m.

Suggest removal

Lets just drag this out in court for another 2 years...This is S.O.P. for big business now in Clark County! Just follow the MONEY!
By Burrittobandit2

10/19/09 at 1:08 p.m.

Suggest removal

All these guys looked liked they just took bong hits and now want candy
By dusgustednative

10/20/09 at 11:04 a.m.

Suggest removal

Such hypocrisy! The headline right next to this story states the unemployment rate in Vegas! The commissioners have absolutely no interest in seeing this completed so people can go back to work! This is about the good ol' boys getting there way, LVP is in no danger of closing, unlike companies that are waiting for this job, and if an out-of-state company wins this bid 90% of the work force has to be local! The commissioners seem to forget the second they get into office that they are an elected official, and for some reason they all think they can do & say whatever they want! Tom Collins is an embarrasment, does the firing range mean anything to anyone and his idiotic comments??