New state prison locked up in controversy

CARSON CITY -- Controversy continues to swirl around construction of the 1,000-inmate state prison at Cold Creek, a project plagued with delays and lawsuits.

Legislators Tuesday said they are unhappy about an extra $500,000 being spent on the project, near the Southern Desert Correctional Center at Indian Springs, 35 miles northwest of Las Vegas.

But Ward Patrick, deputy manager of the state Public Works Board, said Wednesday the prison is coming in under budget and will be completed by the deadline next year.

Lawmakers wanted to know why the half-million dollars was allocated to hire another architect.

Patrick told the Legislative Interim Finance Committee Tuesday the extra money will employ Arrington Watkins, a prison design specialist from Arizona, because there were a "significant number of problems with the design" of the prison.

"All the questions were too overwhelming," Patrick said. "We don't have drawings the contractor can work with."

Watkins was hired by the contractor with approval of the state to answer the questions.

But Assembly Majority Leader Richard Perkins, D-Henderson, told Patrick that the Public Works Board initially told lawmakers it could save $300,000 by having its staff do the contract administration, which would include answering those questions.

"Now you want $500,000, and that doesn't sound like any savings," Perkins said.

Perkins noted there is a pending suit in federal court in Las Vegas by Lucchesi, Galati Architects, hired originally by the Public Works Board to design the project. That legal action has blossomed into countersuits and cross claims by the state and a rival architect firm.

The prison originally called for 1,500 beds. Initial construction bids came back too high and the project was delayed and scaled back to 1,000 beds. Sletten Construction Co. was awarded the $83 million contract. Work is 26 percent complete.

Assemblyman Morse Arberry, D-Las Vegas, said the Public Works Board originally estimated a savings on the administration work. And he wanted to know if the Legislature will be asked to spend more money than budgeted.

Patrick replied, "If we need it, we will ask for it."

Arberry said lawmakers "didn't beat up" on the Public Works Board during the legislative session because it wanted the prison completed. He told Patrick, "We don't want any excuses. This has got to be opened by Aug. 1, 2000."

Sen. Bill O'Donnell, R-Las Vegas, said the plans call for closing the prison at Jean and that's predicated on the opening of Cold Creek. "We're between a rock and a hard place," he said.

Besides the design work, Lucchesi, Galati Architects estimated it could do the construction administration or oversee the project for $1.1 million. Last September the Public Works Board told legislators it could perform this duty with its staff for $818,629, or a savings of about $300,000.

But because of the problems, the Arizona firm had to be hired. Still, Patrick said, the project will come in under the $90 million authorized by the Legislature.

But Perkins and other lawmakers criticized the spending of an additional $500,000.

Legislators have long complained that new prisons have to be uniquely designed, rather than built mostly from a standardized design from past prison constructions.

Assemblyman John Marvel, R-Battle Mountain, questioned Tuesday why the state "has to re-invent the wheel."

There's a question now as to whether the design of the four housing units to be built at Cold Creek is the same as the design for housing units at the prison in Lovelock, fashioned by Sheehan-Von Woert Architects of Reno.

Lucchesi, Galati Architects filed suit asking the federal court to find that it did not infringe on any copyright of Sheehan-Von Woert. And it said that if there was an infringement, the Public Works Board forced it into it and Lucchesi should not have to pay any damages.

The Public Works Board, through its lawyer, Assistant Solicitor General Creighton Skau, denied there was a copyright infringement. It maintains Lucchesi had the "contractual and professional duty" to protect the state and Sheehan-Von Woert against any infringement.

Sheehan-Von Woert counter claimed against both the state and Lucchesi, saying there was illegal use of the design of the Lovelock housing at Cold Creek.

Lucchesi, in its suit, also claims the Public Works Board breached a contract to award the firm the contract for construction administration.

The state, in its countersuit against Lucchesi, said it could not reach an agreement with the Las Vegas firm on the number of people that had to be on at site and cost for the work. In addition, the state accused Lucchesi of providing a defective design. The state said Lucchesi was negligent in drafting the plans for Cold Creek.

Pre-trial discovery is under way and no trial date has been set.

And there's one added controversy -- the name of the prison. Residents of the tiny community of Cold Creek, nestled in the foothills of the Spring Mountains northwest of Mount Charleston, don't want a prison named after it. Assemblywoman Kathy Von Tobel, R-Las Vegas, tried to get the Legislature to change the name but was unsuccessful.

It will be up to the state Prison Board composed of the governor, attorney general and secretary of state to select a name. The board has not met in six months.

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