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CITY OF SUNNY ISLES BEACH BID PROTEST HEARING Bid No. 07-10-02 Central Island Drainage & Improvements Project MONDAY, MARCH 3, 2008, AT 3:30 P.M. David P. Samson Commission Chambers Hearing Examiner:Sonja K. Dickens, Esq. Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk Alfredo De Armas, Esq., Attorney for Tran Construction In Attendance: Fernando Amuchastegui, Assistant City Attorney Henry Louden, President, Tran Construction City Attorney Hans Ottinot noted that he had provided Hearing Examiner Sonja K. Dickens, Esq. with a copy of the City's response and Memorandum of Law outlining the City's arguments in response to the Bid Protest filed by Tran Construction the Protestor. Hearing Examiner Sonja K. Dickens, Esq. stated as a matter of procedure i the burden is on Tran Construction. She gave an introductory statement noting that this is a Bid Protest proceeding, the burden is on the person making the protest in order to !prove their case, understand that it will be counted as substantial evidence, and that this will not be a formal evidentiary hearing so to speak, meaning that she will take into consideration any and all reasonable testimony, and/or evidence. She said she will give the ProtestOis the opportunity to present their side of the matter first, and then she will give the City the opportunity to respond, and no matter where we end up at the end, the Protestor will have the last words since the burden is on the Protestor, but she will give an opportunity for both sides Ito cross-examine each other's witnesses, and the like. Tran Construction: Alfredo De Armas, Esq., of the Law Firm of Alvarez, Armas and Verone) representing Tran Construction, the Protestor in this action. Action: Mr. De Armas began with a review of the pertinent provisions of the Code and of the request because he believes it is really dispositive of this case, and t'h;e believes that it indicates that the City is absolutely without authority to do what it did which is basically a ranking of bidders, it is not called for under the Code, and it is not called for under the bid documents. The bid document itself begins with a Request for Proposals and in paragraph 18.2 in the RFP, it defines the standard on which the award is going to be imade, and it says clearly that it is the intent of the owner to award a contract to the lowest responsible total based bidder whose bid is in conformance with the bidding documents and does not exceed the funds available. Summary Minutes: Bid Protest 07-10-02 030308 Page 1 of 11