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Contractor files appeal over bidding process

By Jeffrey Pieters

jpieters@postbulletin.com

A local contractor's objection to the city of Rochester's handling of a bidding process will go to the state Court of Appeals.

Road Constructors Inc. of Rochester filed the appeal Friday in response to an Olmsted District Court judge's July 9 ruling that denied the contractor's request for a temporary injunction against the city. Oral arguments might not begin for several months.

Road Constructors alleges the city unfairly disqualified its $4.4 million bid for the 50th Avenue Northwest street project, instead awarding the contract to a different firm.

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An attorney for the city has argued that Road Constructors' bid documents, submitted incomplete, raised concerns over how the firm might perform on the job.

Ken Moen, Road Constructors' attorney, said the firm followed the city's customary requirements in submitting bid documents. He argued the bid was in "substantial compliance" with the bid requirements, because the omissions didn't give Road Constructors any discernible advantage over competing bidders. Bids from two other firms were thrown out in similar fashion.

The bid the city accepted, from Rochester Sand &; Gravel, was the only bid judged by the city as being in compliance with standards.

That firm started work today on the 50th Avenue project. Work is expected to run through next year.

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