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<br />I <br /> <br />RESOLUTION NO. 2008- 1~3t.. <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA APPROVING A FINAL ORDER <br />RELATING TO A BID PROTEST FILED BY TRAN <br />CONSTRUCTION, INC; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City of Sunny Isles Beach, Florida (the "City") issued an Invitation to <br />Bid on October 3, 2007, soliciting sealed bids for the Central Island Drainage and Street <br />Improvements project, Bid No. 07-10-02; and <br /> <br />WHEREAS, on November 28,2007, the City received 14 (fourteen) sealed bids in response <br />thereto; and <br /> <br />WHEREAS, on February 21, 2008, the City Manager issued a memorandum to the City <br />Commission, recommending that Bid No. 07-10-02 be awarded to Southeastern Engineering <br />Contractors, Inc. ("Southeastern") after determining they were the lowest responsible and <br />responsive bidder; and <br /> <br />WHEREAS, on February 21, 2008, the City Commission approved Resolution No. 2008- <br />1221, which authorized the award of Bid No. 07-10-02 to Southeastern; and <br /> <br />WHEREAS, on February 21, 2008, Tran Construction Inc. ("Tran"), filed a bid protest <br />letter with the City; and <br /> <br />WHEREAS, the City Attorney's Office referred the matter for a formal bid protest hearing <br />before a Hearing Examiner, pursuant to Section 62-15 of the City Code; and <br /> <br />WHEREAS, the bid protest hearing was held by the Hearing Examiner at the City's <br />Government Center on March 3, 2008, at 3 :30 p.m; and <br /> <br />WHEREAS, the Hearing Examiner issued a Final Order on March 5 ,2008, denying Tran's <br />requested relief and finding that the City's decision to award the bid to Southeastern was <br />supported by competent and substantial evidence. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Adoption of the Hearing Examiner's Final Order. The City Commission hereby <br />adopts the Hearing Examiner's Final Order dated March 5, 2008, (attached hereto as Exhibit <br />"A"), in the matter of the bid protest filed by Tran concerning Invitation to Bid No. 07-10-02. <br /> <br />R2008 Resollllion approving Hearing Examiners Final Order <br /> <br />Page I of 2 <br />