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~~l^11 <br />FABYANSKE <br />WESTRA <br />HART & <br />THOMSON <br />PROFE$$ION,4~ ASSOCIATION <br />April 1, 2010 <br />VIA EMAIL AND REGULAR MAIL <br />Bill Goodrich, City Attorney <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br />Tim Himmer, City Engineer <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br />thimmer @ci.ramsey.mn.us <br />Kurt Ulrich, City Admininstrator <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br />kulrich @ ci.ramsey. mn. us <br />M. T. Fabyanske <br />Direct: 612.359.7622 <br />hstein@fwhtlaw.com <br />Re: Bid Protest, East Meandering Commons Park Project <br />Our File No.: 83746-001 <br />Dear Sir or Madam <br />My firm represents Peterson Companies, Inc. ("Peterson") in the above-noted matter. As <br />you know, Peterson bid on the East Meandering Commons Park Project (C.I.P. # 10-23). <br />Peterson was the lowest responsive, responsible bidder, and therefore should have been awarded <br />the Project under Minnesota law. Minn. Stat. § 471.345 (see also Instructions to Bidders <br />(enclosed)). <br />But the City of Ramsey instead awarded the Project to W. Gohman Construction Co. <br />("Gohman") whose bid was actually rejected at the time of bid opening and was not read because <br />it was substantially incomplete and nonresponsive. Specifically, Gohman had failed to include <br />prices for dozens of line-items, simply leaving those areas blank. (See enclosed Gohman bid.) <br />Gohman also completely failed to include the required hid for its base bid with alternates. These <br />omissions rendered Gohman's bid nonresponsive under the telins of the City's bid solicitation, <br />which states unequivocally that: <br />All blank spaces for BID prices must be filled out in ink or typewritten and the <br />BID FORM must be fully completed and executed when submitted. BIDS are <br />required for all alternates, incomplete bid forms will result in disqualification. <br />\\file I\vo111PL\83746\83746-001\1032385.doc <br />800 LaSalleAvenne, Suite 1900, Minneapolis, Minnesota 55402 Main: 612359.7600 Faa: 612.359.7602 www.fwhtlaw com <br />