An injunction issued by McKean County Judge Christopher Hauser has nullified the award of a Bradford City Second Ward streetscape project to M&B Services LLC.

M&B Services was the lowest bidder. Two employees of second-lowest bidder Cummins Construction — Nicholas Cummins and Ronald Vecellio — filed the injunction request as Bradford taxpayers, alleging the other company did not meet requirements for soliciting minority- and women- owned businesses.

Hauser noted in his written opinion that disappointed bidders are not permitted to file suit, but taxpayers are. “To address the elephant in the room, this is a veiled disappointed bidder’s suit,” the judge wrote. “While (Cummins and Vecellio) do have standing, it appears they are mere agents acting on behalf of the disappointed bidder. Alas, a monkey in silk is a monkey no less, and the court is compelled to confront the true nature of this suit.”

In hearings in the case, officials with the city’s Office of Economic and Community Development had argued, in summary, that the company did meet the requirements, or in the alternative, the city waived any requirements that weren’t met, according to court records. They also argued that Cummins Construction’s bid had the same alleged deficiencies as the bid from M&B.

Attorney Greg Henry, on behalf of Cummins and Vecellio, alleged the city did not have the authority to waive the requirements, and said the forms that were submitted by M&B were incomplete and the bid was not compliant. He argued, however, that the Cummins’ bid was compliant.

In his order, Hauser granted the petition for the injunction, nullified the contract between Bradford and M&B, as well as the notice to proceed on the project. He also said the city “may re-bid the Second Ward Neighborhood Street Improvement Project Congress Place and Elm Street as soon as practicable.”

After the decision Wednesday, The Era spoke to Don Cummins of Cummins Construction and the company’s attorney Greg Henry, and obtained a statement from the City of Bradford, emailed by Mayor Tom Riel.

The city’s statement indicated officials were disappointed by Hauser’s decision, as they felt M&B’s bid “was no more defective than Cummin’s bid was. In reality the primary difference was mere $201 out of a $350K+ project.”

The statement continued, acknowledging that Hauser said the city may re-bid the work.

“It would take considerable time for advertising, bidding, public opening of bids, legal analysis of bids, final approval, contractual agreements and notices to proceed in order to do so,” the city’s statement read. “Due to those cumbersome factors and the time constraints of the construction season already underway, the city may greatly modify any streetscape work it puts out to bid this year if it puts out any at all.”

Conversely, Don Cummins said it would seem like the best course of action would be for the city to award the project to Cummins Construction.

“We would like to get local guys back to work,” he said.

Henry echoed that sentiment, but added, “There was no question about it, all Cummins’ paperwork was in order. Bob Cummins was $201 over” the bid submitted by M&B.

“When there’s a $201 difference, the only reason they wouldn’t give it to Bob Cummins is pique,” he said. “If they didn’t get their nose tweaked out of shape, the logical thing is they probably should award the project to Cummins.”

Henry said Sara Andrews of the OECD had testified that should the injunction be granted, the city could lose funding streams, and the sidewalks, curbs, street lights, ramps, crosswalks and drainage that made up the project wouldn’t be addressed in a timely manner.

The attorney continued, saying because of the project’s importance, it “makes the most sense to award it to Cummins. The project can get moving right away. Bob Cummins can do it. Bob Cummins is absolutely ready to go.”

He added that it’s a matter of who city council is thinking about as to what happens next with the project.

“If they are thinking about the taxpayer and how quickly they can get the sidewalks safe,” then they will award it to Cummins, Henry said. “If they are thinking about revenge, they are going to re-bid it.”