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ISHIFF, CONSTRUCTION . DEVELOPMENT "Good morning Genesis, yes, our bid of $5,622,818.75 is inclusive of all work including the project mark-up. When we reviewed sheet 3, we weren't completely sure how it should be filled out. Page 1 which we signed shows the total bid amount. As for the items listed with NIP, this was written because these items are not noted as "Additional" on the plans and are included in the base. Please see below clarification for each item. Please let me know if this clarifies or you should need anything additional. Thank you, Justen." 9. On March 20, 2019 at 12:25 PM Justen Shiff received email from Ms. Cuevas (attached Item #7) stating "Thank you". 10. On March 21, 2019 at 9:44AM Justen Shiff received email from Ms. Cuevas (attached Item #8) stating "Please confirm, that although left Blank, #3 loose furniture is included with the bid total." 11. On March 21, 2019 at 5:020M Justen Shiff responded (attached Item #9) "Yes, furniture is Item E10". 12. On April 17, 2019 at 12:13PM after the City received inquiries concerning the award of the bid from Justen Shiff received email (attached Item #10) from Ms. Cuevas stating " Mr. Shiff, Primarily, amongst other itemized requirements, Shiff Construction failed to submit the mandatory proposed project schedule for construction (Section 2.7, Section 2.4 and Section 3.4 of the bid) and financial statements (Section 3.9), thus, resulting in an unresponsive bid." Protest Contractor protests the City's determination that it was a non-responsive bidder. The City waived its ability to declare the Contractor's bid as non-responsive due to the failure to attach a Financial Statement or Project Schedule. The City's bid documents states that the City reserves the right to refect any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach (emphasis added). In this particular case, in accordance with the bid documents, the City waived the technical error of the failure to provide a Project Schedule and Financial Statement. Contractor admittedly inadvertently neglected to provide a Financial Statement and Project Schedule in its response to the Invitation to Bid. However, the City did not declare the Contractor's bid non-responsive and City did not request Contractor provides such documents as it is allowed to do. If the City intended to declare the Contractor's bid non-responsive for failure to include the Project Schedule and Financial Statement then that should have been done immediately upon the bid opening. Instead the City accepted the bid after opening and treated the bid as being responsive. After the bid opening the City took the affirmative steps of requesting that Contractor provide the three (3) references. The City also treated the Contractor's bid as being responsive by making further inquiry with the Contractor about the specifics of the bid and to confirm that the bid included the project mark up and other items. After receiving this information the City construction management I development I restoration I design + build I owner representation