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emphasized the specialized and complex nature of the Central Island Drainage and Street Improvements <br /> Project. <br /> For example, in Section 00020, Notice to Bidders, the prospective bidders were clearly notified that <br /> Bid No. 07-10-02 consisted of"milling and resurfacing, concrete sidewalks, construction of a new storm <br /> drainage system including 22 drainage wells..." The City Manager determined that Southeastern had <br /> the necessary qualifications and that Tran, failed to demonstrate fully the capacity and skill to perform <br /> this job. <br /> Furthermore, Section 00100, Instruction to Bidders, imposed a specific work performance <br /> requirement on all prospective bidders. In particular, Section 7, provides as follows: <br /> 7.1 The Contractor shall perform on the site and with his own forces, work equivalent to at least <br /> forty percent (40%) of the total amount of work to be performed under this contract. The <br /> Contractor shall specify in its proposal the list of construction items that represent the 40% of its <br /> contract bid amount. After the contract is awarded, and during the progress of the work, the <br /> Owner reserves the right to reduce the percentage of work performed by the contractor's own <br /> forces. <br /> This requirement was specifically considered during the course of the City's fact finding process. <br /> As noted in the attached affidavit of Rick Conner. the City Public Works and Engineering Director, "my <br /> preliminary fact finding also raised questions as to whether Tran had sufficient manpower and <br /> equipment to do the required work with its own forces. I conveyed this information to BH&A who in <br /> turn engaged in further fact finding regarding these issue."' <br /> Victor H. Guevara, the City's consulting engineer on this project, confirmed that "[d]uring the <br /> course of BH&A's fact finding process, issues were raised as to whether Tran would perform at least <br /> 40%of work with their own forces, as required by the bid documents."I2 <br /> The contract documents and specifications provided the City with authority to accept a bid "which <br /> is in the best interest of the [City[." The specifications further provided that "it is the intent of the <br /> [City] to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance <br /> with the Bidding Documents and does not exceed the funds available." <br /> In conformity with the contract documents and specifications, the City Manager recommended that <br /> Bid No. 07-10-02 be awarded to Southeastern, the bidder deemed to be the lowest responsible and <br /> responsive bidder. Because the City strictly adhered with the contract documents and specifications <br /> applicable to Bid No. 07-10-02, the bid award should be affirmed. <br /> C. The City has the authority to reject the bidder with lowest price under the law <br /> The final reason the bid award should be affirmed is that bid award was neither arbitrary nor <br /> capricious. In Miami-Dade County v. Church & Tower. Inc., 715 So. 2d 1084 (Fla. 3d DCA 1998), the <br /> II See affidavit of Rick Conner, attached hereto as Exhibit "F" at`d 8. <br /> 12 See affidavit of Victor H. Guevara, attached hereto as Exhibit "G" at ![ 11. <br /> 5 <br />