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. Shiff Construction and Development("Shift") filed a timely protest on April 22, 2019 of <br /> the Notice of Recommendation to Award issued by the City. Pursuant to section 62-15 of the • <br /> Code of the City of Sunny Isles Beach,the Special Master was appointed by the City Attorney to <br /> hear the matter. Pursuant to the agreement of the parties, the hearing was held on May 14,2019 <br /> at the City Commission Chambers in the City of Sunny Isle Beach. Shiff called as witnesses, <br /> Justen Shiff, Genesis Cuevas, Purchasing Agent of the City and Jacob Pfeffer. The City called <br /> Christopher Russo,its City Manager. The parties jointly introduced into evidence,Exhibits 1 <br /> through 15. Shiff introduced Exhibit 16.All Exhibits were n accepted into evidence. <br /> FINDINGS OF FACT <br /> 1. On January 25, 2019, the City issued Invitation to Bid No. 19-01-01 (the"ITB"), <br /> titled Gateway Park Center. (Jt. Ex. 1). Four addendums were issued (Jt. Ex. 1 A,B, C and D), <br /> and a non-mandatory bid conference was held between January 29, 2019 and March 6,2019. The <br /> purpose of the bid was to"secure a contract with a licensed contractor to furnish all labor,material, <br /> supplies, equipment, transportation, etc. to provide construction and infrastructure improvements <br /> per the plans and specification to the existing municipal building, Gateway Park." (Jt. Ex. 1, <br /> Section 2.1). The Gateway Park renovations are intended to result in a Community Center. The <br /> indoor facility will include,but not be limited to office space,reception area,multi-purpose rooms <br /> that can accommodate classes,meetings,banquets,and an indoor e <br /> sta -a catering g kitchen,arts& <br /> crafts space, restroorns, and storage area, totaling approximately 17,039 square feet. (Jt. Ex. 1, <br /> Section 2.1). The ITB included language that advised prospective bidders that time is of the <br /> essence for the performance of the Project. <br /> 2. The original submission date under the ITB was March 6, 2019 but that date was <br /> revised to March 13, 2019 by Addendum No. 4. (Jt. Ex. 1 D). On March 13, 2019, the City <br /> • 2 <br />