4:50 p.m. – It’s official. A process server has served City Hall with a Notice of Claim and Claim against the City of Racine
NOTICE OF CLAIM AND CLAIM AGAINST THE CITY OF RACINE
PURSUANT TO WIS. STAT. §893.80
A claim has been filed by the plantiff which would result in another lawsuit against the City of Racine. Additional claims are being drawn up for other companies that were affected by the City of Racine and the NSP program.
1. That Claimant, owns a Heating Company
2. That Respondent, City of Racine, is a Wisconsin municipal corporation organized and existing under the laws of
the State of Wisconsin.
3. That Janice M. Johnson-Martin, is upon information and belief, the Clerk for Racine and shall accept service of this Notice pursuant to Wis. Stat. §893.80(l)(a) & (b).
4. That Racine, through City Development, has adopted a Neighborhood Stabilization Program (“NSP”) designed to purchase and redevelop foreclosed residential properties using federal funds.
5. That the purpose of the program is to stabilize the community by rehabilitating distressed residential properties and providing employment opportunities for contractors.
6. That several properties were purchased by Racine and put into the NSP for rehabilitation.
7. That Racine procured bids on each residential property from contractors to complete the requisite construction work on each residential property.
8. That a general set of qualifications were presented to the contractors to complete in order to be considered for bids.
9. That claimant is qualified pursuant to the qualifications identified by Racine’s Department of City Development.
10. That claimant submitted bids on seventeen properties within the NSP, sixteen of which the plaintiff was the lowest responsible qualified bidder for the heating, ventilating and air conditioning work.
11. That despite the claimant being the lowest responsible qualified bidder, the claimant only received two contracts and did not receive any of the contracts for the work on any of the remaining properties based upon a unilateral decision of City Development.
12. That the claimant, after the work was completed on the projects, learned that the bids he submitted were not considered.
13. That claimant did not receive notice or warning from Racine before the bids were submitted that claimants’ bids were not going to be considered by Racine.
14. That the claimant lost out on the opportunity to perform the work at the properties, despite being the lowest responsible qualified bidder.
15. That the claimant has sustained damage as a result of not receiving the contracts for the identified projects where he was the lowest responsible qualified bidder.
16. That as a result the claimant has been damaged in an amount itemized.
17. That despite repeated requests for the information related to the remaining properties, the plaintiff has not received the information to calculate the lost opportunity; as such the plaintiff reserves the right to amend this Notice of Claim upon receipt of the information previously requested.
18. That the total amount of damages sustained by claimant for the four properties identified and there are undoubtedly additional sums based upon receipt of the information for the remaining properties where the plaintiff submitted bids.
Wherefore, Claimant, seeks the following:
A. Payment of $XXXXXXX for the properties located at 2410 Kinzie Avenue, 3002 Arlington Street, 1324 Center Street and 1017 Augusta Street.
B. Payment of an unknown sum for the remaining properties that claimants submitted bids, but those bids were not considered based upon a unilateral decision by Racine.
C. Order that the information requested be immediately provided to the claimant, including all bids submitted for the remaining properties within the NSP, including a copy of claimants’ bid for each project.
Dated this 15t day of April, 2011.