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received submissions from the following entities: 1)Azulejo Inc.;2)Emerald Construction Corp.; ••• <br /> 3)Nunez Construction;4)Shiff Construction&Development("Shiff');and 5)TGSV Enterprises, • <br /> Inc. (Jt. Ex. 3). Upon receipt, the City's staff, began its review and investigation of the <br /> submissions. <br /> 3. The City reviewed the submissions and requested clarification from Shiff on certain <br /> matters related to its bid. More particularly on March 15, 2019, the City, through its Purchasing <br /> Agent Genesis Cuevas, requested that Shiff submit its references which it had failed to submit <br /> originally. (See Jt. Ex. 7). The City also sought clarification from Shiff as to whether the total <br /> construction cost on page 1 of their submittal included the project mark—up(See Jt.Exhibit 8)and <br /> whether loose furniture was included in its bid. (See Jt. Ex. 9). On April 3, 2019, Justen Shiff <br /> asked for a status of the bid and Ms. Cuevas responded on the same day that the "bids are still <br /> under review."(Jt. Ex. 10). <br /> 4. After a full review was conducted,the City,through its City Manager, determined <br /> that certain bids were unresponsive. These consisted of the submittals of Shiff, Emerald <br /> Construction Corp. and TGSV Enterprises, Inc.' (Testimony of Genesis Cuevas). <br /> 5. As to the bid submitted by Shiff in response to the ITB, there were two required <br /> submissions,that is, what are known as"must"submittals in procurement,that were not included, <br /> and which resulted in the bid being determined to be unresponsive. (Jt. Ex. 10). Must submittals • <br /> normally are mandatorily to be included in bid responses, as opposed to "should" or "may" <br /> submittals which can generally be furnished prior to award. First, under the ITB, the proposer <br /> was to provide a"project schedule"for the completion of the proposed work. The requirement of <br /> • <br /> Emerald Construction was determined to be unresponsive due to its failure to include required documents and <br /> TGSV Enterprises,Inc was found to be unresponsive in that it failed to submit a bid for all items required to be <br /> included within the bid.(Jt.Ex.2 and 15). <br /> 3 <br />