The Herald, Sharon, PA Published Thursday, Jan. 3, 2002

MERCER COUNTY

County faces lawsuit threat

By Hal Johnson
Herald Writer

At least two electrical contractors have written Mercer County Commissioners, threatening legal action over a contract awarded to a Farrell company that was not the lowest bidder.

The company, PIC Electric, already is working to complete the contract to provide exterior lighting for the county courthouse.

On. Nov. 27, county commissioners approved PIC Electric to do the work for $239,500. It was the same day that county commissioners unveiled a $60 million budget calling for a 3.83-mill increase in property taxes.

The exterior lighting is part of the courthouse restoration that is being funded from a portion of a $34 million, taxpayer supported bond issue.

Although state and local governments normally award contracts to the lowest responsible bidder, PIC Electric was the fourth highest of five bidders.

The lowest bidder was Claw Electric Inc., New Castle, at $198,840, which was more than $40,000 less that the PIC Electric bid. Other bidders were: Arrow Electric Inc., Meadville $226,000; Absolute Power Inc., West Middlesex, $237,000; and IC Electric, Hermitage, $264,650.

James Foltz, Westford, of Arrow Electric, said he has written to county Solicitor Lewis McEwen threatening a lawsuit.

Brian Palumbo, owner of Absolute Power Inc., said his attorney also has written to county commissioners, telling them to re-bid or correct the problem or the electric contractor will proceed with litigation.

Claw Electric Inc. did not respond to inquiries by The Herald.

If he proceeds with a lawsuit, Palumbo said it would be a matter of principle.

"Why are we paying more than $40,000 to do the same thing? Yet, they are raising taxes. The taxes are being raised, yet the commissioners are throwing away money," he said.

Palumbo said he and Claw were told after the contract was approved that their lower bids were rejected because of paperwork. Neither contractor was told in time prior to the awarding of the bid about the problem, Palumbo said.

"We were told that our bid bond was not properly completed, but we've been working with this bond company for years and we never had a problem before," Palumbo said.

Commissioners and William Boyle, purchasing director, were "really checking through to find errors in paperwork," he said.

Foltz said Commissioner Cloyd E. "Gene" Brenneman told him they did not want non-union workers on the job because of the publicity union workers would draw with information pickets at the courthouse.

"He told me, 'With all the problems we have, we don't want pickets here," Foltz said.

Brenneman had no comment, when asked to confirm the quote. He referred comments about the electrical contract to McEwen, who was unavailable for comment. Brenneman said Boyle also was instructed to refer comments to the solicitor.

Commissioner Olivia M. Lazor said that the county has the right to reject any or all bids.



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