HEATHER AVENUE Contractor argues for sewer job

The judge will issue a ruling within a few weeks.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
WARREN -- A local contractor wants a judge to rule that Girard officials erred when they overlooked his low bid and recommended another company for a project.
Judge John M. Stuard of Trumbull County Common Pleas court heard arguments again Wednesday from lawyers representing M & amp;M Excavating Inc. of Vienna, the city of Girard and A.P. O'Horo of Liberty, the company that was recommended for the job.
Judge Stuard said he expects to issue a ruling on the matter within a few weeks.
Girard's board of control -- a three-member board comprised of the mayor and the safety and service directors -- recommended last month O'Horo, which bid $26,600 to construct the Heather Avenue sanitary sewer extension. M & amp;M bid $24,800, or $1,800 less.
City council -- the only city board with the authority to award contracts -- has not yet acted on the recommendation of the board of control.
M & amp;M's attorney, Robert York of Warren, filed an objection to rejecting M & amp;M as the lowest and best bidder and argued in court that city officials may have held prejudice against James Matash, M & amp;M's president, because he is a felon who served a year in prison for unlawfully acquiring a government demolition contract in Warren.
What's in law
Girard Law Director Mark Standohar, however, argued that the city has discretion when it comes to awarding contracts, since state law says contracts can be awarded to the "lowest and best" bidder.
Mayor James Melfi, Service Director Rex Funge and city Engineer David Hall testified O'Horo was favored because that company did much of the rebuilding of the city sewage treatment plant after last summer's flooding with minimal cost overruns.
All three told the judge that a waterline project on state Route 193 done by M & amp;M ran over in both time and costs.
Matash testified plans for the project were incorrect, which led to additional work and parts, which ran up costs. He testified all changes and costs were cleared by city officials before the work was done.
Judge Stuard said he will accept final written briefs from all attorneys but noted he wanted them soon so he could rule on the issue while the weather was good enough for a company to perform the Heather Avenue work.
slshaulis@vindy.com