HEATHER ROAD PROJECT Hearing set to begin for bidding complaint

The company attorney says his client was the lowest and best bidder.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
GIRARD -- A hearing on a preliminary injunction against the city concerning contract bidding will be next week in Trumbull County Common Pleas Court.
The complaint was filed by M & amp;M Excavating Inc. of Vienna, the lowest bidder on the Heather Road sanitary sewer extension project.
At its June 3 meeting, the city board of control, according to its minutes, denied M & amp;M the contract and recommended it be awarded to A.P. O'Horo, though O'Horo of Liberty submitted the higher of the two bids received.
O'Horo bid $26,600, while M & amp;M offered to do the work for $24,800, or $1,800 less.
Awarding contracts
At Monday's city council meeting, Councilman Joseph Christopher, D-at-large, pointed out that only council, and not the controlling board, can award contracts.
The issue remains before council.
M & amp;M's attorney, Robert York of Warren, is asking the court to restrain the city and O'Horo from executing the contract.
A hearing on the injunction will be at 1 p.m. July 9, in the courtroom of Judge John M. Stuard.
"They [M & amp;M] are trying to stop the job," Mayor James J. Melfi said Thursday.
The mayor has maintained that O'Horo is the "best" bidder.
In his filing, York asserted that M & amp;M was the lowest and best bidder on the sewer project and that unless the city and O'Horo are restrained, M & amp;M will suffer irreparable damages.
yovich@vindy.com