Petitioner: PADULA AND WADSWORTH CONSTRUCTION, INC.
Respondent: BROWARD COUNTY SCHOOL BOARD
Judges: J. D. PARRISH
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Jun. 13, 2003
Status: Closed
Recommended Order on Thursday, November 20, 2003.
Latest Update: Dec. 19, 2003
Summary: Whether the Respondent, School Board of Broward County, Florida (Respondent or Board), may reject all bids as proposed for Bid No. 2002-02-FC, Group A1, or whether such action is illegal, arbitrary, dishonest, or fraudulent.Respondent`s decision to reject all bids was not contrived or arbitrary, but based upon sound reasons discovered and fully exposed by an initial bid protest.
b- ZO -OS
BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
ROYAL CONCRETE CONCEPTS, INC.,
Petitioner, A +r DOAH Case No. 03-2220 BID
vs.
ITB No. 2002-02-FC iy) wa
THE SCHOOL BOARD OF BROWARD 2 oe
COUNTY, FLORIDA, Bye; Cr. ot
Respondent. So TP ‘Y oa ve
p DDE SUB ayes EO
oe f Ope o.
PADULA & WADSWORTH CONSTRUCTION, “Se By! sS
INC. Se “
Petitioner, DOAH CASE NO. 03-2221 BID *
vs.
ITB No. 2002-02-FC
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA,
Respondent.
/
FINAL ORDER
THIS CAUSE coming on to be heard before THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA (hereafter referred to as “THE SCHOOL BOARD”) at its meeting
conducted on December 16, 2003, to adopt the Recommended Order filed on November 20,
2003 by J.D. Parrish, Administrative Law Judge of the State of Florida Division of
Administrative Hearings consisting of Findings of Fact, Conclusions of Law, and a
Recommendation; and the Motion to Award Costs filed by THE SCHOOL BOARD, and having
considered the record, and THE SCHOOL BOARD being fully advised in the Premises:
IT IS THEREUPON Ordered and Adjudged as Follows:
1, The Findings of Fact, Conclusions of Law and Recommendation contained in the
Recommended Order are adopted in their entirety and THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA enters this Final Order affirming the decision to reject all bids.
2. Costs in the amount of $8,224.25 are hereby awarded in favor of THE SCHOOL
BOARD OF BROWARD COUNTY, FLORIDA and against the Petitioners, ROYAL
CONCRETE CONCEPTS, INC. and PADULA and WADSWORTH CONSTRUCTION, INC.
DONE AND ORDERED in Fort Lauderdale, Broward County, Florida this _/@ day of
December, 2003.
Copies Furnished:
STEVEN L. SCHWARZBERG, ESQUIRE
Schwarzberg & Associates, P.A.
Attorneys for Petitioner Royal Concrete
222 Lakeview Avenue
Esperante — Suite 210
West Palm Beach, Florida 33401
THOMAS R. SHAHADY, ESQUIRE
Adorno & Yoss, P.A.
Attorneys for Petitioner Padula
350 East Las Olas Boulevard — Suite 1700
Fort Lauderdale, Florida 33301
USHER L. BROWN, ESQUIRE
Brown, Weiss, Salzman & Garganese, P.A.
Attorneys for Intervenor Pirtle
Two Landmark Center — Suite 660
225 Robinson Street
Orlando, Florida 32801
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
Carole L. Andrews, Chair
ROBERT PAUL VIGNOLA, ESQUIRE
Office of the School Board Attorney
Attorneys for Respondent School Board
Kathleen C. Wright Administrative Building
600 Southeast Third Avenue - 11th Floor
Fort Lauderdale, Florida 33301
STATE OF FLORIDA, DIVISION OF
ADMINISTRATIVE HEARINGS
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
APPEAL OF FINAL ORDER
THIS FINAL ORDER may be appealed by filing notices of appeal and a filing fee, as set
out in Section 120.68(2), Florida Statutes, and Rules 9.110(b) and (c), Florida Rules of Appellate
Procedure, within thirty (30) days of the entry of this Final Order.
Filed in Official School Board Records the
{& day of December, 2003.
Cher 4 ute [7cK, reyt
Supervisor, Official School Board Records
s:/v/allwork/bidprotest/royalcon2/pleading/finalorder2-final version
Docket for Case No: 03-002221BID
Issue Date |
Proceedings |
Dec. 19, 2003 |
Notice of Unavailability (filed by Respondent via facsimile).
|
Dec. 18, 2003 |
Final Order filed.
|
Nov. 20, 2003 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Nov. 20, 2003 |
Recommended Order (hearing held August 20-21, 2003). CASE CLOSED.
|
Oct. 17, 2003 |
Letter to J. Lambert from S. Schwarzberg enclosing disk of Petitioner`s proposed recommended order filed.
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Oct. 16, 2003 |
Letter to Judge Parrish from U. Brown enclosing James B. Pirtle Construction Company, Inc.`s proposed recommended order on a disk filed.
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Oct. 16, 2003 |
Petitioner Royal Concrete Concepts, Inc`s Proposed Recommended Order with Findings of Fact and Conclusions of Law (filed via facsimile).
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Oct. 15, 2003 |
Petitioner Padula & Wadsworth Inc.`s Proposed Recommended Order (filed via facsimile).
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Oct. 15, 2003 |
Respondent School Board`s Proposed Recommended Order filed.
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Oct. 15, 2003 |
Intervenor Pirtle`s Proposed Recommended Order filed.
|
Sep. 12, 2003 |
Transcript (Volume 1 and 2) filed. |
Aug. 26, 2003 |
Notice of Filing Affidavit of Denis Herrman filed by Respondent.
|
Aug. 25, 2003 |
Joint Hearing Exhibits (1 box) filed. |
Aug. 20, 2003 |
CASE STATUS: Hearing Held. |
Aug. 19, 2003 |
Joint Pre-hearing Stipulation (filed via facsimile).
|
Aug. 14, 2003 |
Notice of Taking Deposition (A. Kwan) filed via facsimile.
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Aug. 12, 2003 |
Order Granting Petition to Intervene (by James B. Pirtle Construction Company, Inc.).
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Aug. 12, 2003 |
Respondent School Board`s Response to Request to Produce from Petitioner Royal Concrete (filed via facsimile).
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Aug. 12, 2003 |
Respondent School Board`s Answers and Objections to First Set of Interrogatories from Petitioner Royal Concrete (filed via facsimile).
|
Aug. 12, 2003 |
Petitioner, Royal Concrete Concepts, Inc.`s First Request for Production to Respondent, Broward County School Board (filed via facsimile).
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Aug. 12, 2003 |
Petitioner, Royal Concrete Concepts, Inc.`s First Set of Interrogatories to Respondent, Broward County School Board (filed via facsimile).
|
Aug. 07, 2003 |
Notice of Filing Petitoiner, Padula & Wadsworth Construction, Inc.`s, Response to Respondent, School Board`s First Request to Produce (filed via facsimile).
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Aug. 07, 2003 |
Notice of Filing Petitioner, Padula & Wadsworth Construction, Inc`s Sworn Answers and Objections to Respondents First Set of Interrogatories (filed via facsimile).
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Aug. 04, 2003 |
James B. Pirtle Construction Company, Inc.`s Petition for Leave to Intervene (filed via facsimile).
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Aug. 01, 2003 |
Respondent School Board`s Second Request to Produce to Petitioner Padula & Wadsworth (filed via facsimile).
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Aug. 01, 2003 |
Notice of Taking Depositions of the unidentified "replacement" architect as referenced in Royal Concrete`s Answers to Interrogatories, S. Ford, W. Sanger (filed via facsimile).
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Jul. 31, 2003 |
Notice of Filing Petitioner, Royal Concrete Concepts, Inc.`s Sworn Answers and Objections to Respondent`s First Set of Interrogatories (filed via facsimile).
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Jul. 31, 2003 |
Respondent School Board`s Second Request to Produce to Petitioner Royal Concrete (filed via facsimile).
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Jul. 31, 2003 |
Notice of Filing Petitioner, Royal Concrete Concepts, Inc.`s, Response to Respondent, School Board`s First Request to Produce (filed via facsimile).
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Jul. 31, 2003 |
Notice of Filing Petitioner, Royal Concrete Concepts, Inc.`s Unsworn Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
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Jul. 25, 2003 |
Re-Notice of Taking Deposition Duces Tecum (2), M. Geary, The Person with Most Knowledge Regarding: the procurement of the bid by James B. Pirtle Construction, Inc., submitted on March 4, 2003 (filed via facsimile).
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Jul. 18, 2003 |
Notice of Taking Depositions, H. Padula, D. Locke, Petitioners` Expert Witnesses (filed via facsimile).
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Jul. 16, 2003 |
Subpoena Duces Tecum (2), M. Geary, The Person with Knowledge Regarding: (a) The Procurement of the Bid by James B. Pirtle Construction, Inc., filed via facsimile.
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Jul. 16, 2003 |
Notice of Taking Deposition Duces Tecum (2), The Person with Knowledge Regarding: (a) The Procurement of the Bid by James B. Pirtle Construction, Inc., M. Geary (filed via facsimile).
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Jul. 11, 2003 |
Amended Notice of Hearing (hearing set for August 20 and 21, 2003; 9:00 a.m.; Fort Lauderdale, FL, amended as to Location of Hearing).
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Jul. 09, 2003 |
Joint Motion to Change Location of Final Hearing (filed by R. Vignola via facsimile).
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Jul. 09, 2003 |
Respondent School Board`s First Set of Interrogatories to Petitioner Padula & Wadsworth (filed via facsimile).
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Jul. 09, 2003 |
Respondent School Board`s First Request to Produce to Petitioner Padula & Wadsworth (filed via facsimile).
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Jul. 09, 2003 |
Respondent School Board`s First Request to Produce to Petitioner Royal Concrete (filed via facsimile).
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Jul. 09, 2003 |
Respondent School Board`s First Set of Interrogatories to Petitioner Royal Concrete (filed via facsimile).
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Jul. 08, 2003 |
Notice of Unavailability (filed R. Vignola via facsimile).
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Jul. 07, 2003 |
Notice of Unavailability (filed by S. Schwarzberg via facsimile).
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Jul. 01, 2003 |
Order of Pre-hearing Instructions.
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Jul. 01, 2003 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 20 and 21, 2003; 9:00 a.m.; Fort Lauderdale, FL).
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Jul. 01, 2003 |
Order Granting Motion for Consolidation issued. (consolidated cases are: 03-002220BID, 03-002221BID)
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Jul. 01, 2003 |
Amended Joint Motion for Consolidation and Continuance (of case no(s): 03-2221BID, 03-2220BID) (filed by Respondent via facsimile).
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Jun. 30, 2003 |
Joint Motion for Consolidation and Continuance (of case no(s): 03-2221BID, 03-2220BID) filed via facsimile.
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Jun. 26, 2003 |
Joint Request for Telephone Status Conference (filed by Respondent via facsimile).
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Jun. 23, 2003 |
Notice of Hearing (hearing set for July 7 and 8, 2003; 9:00 a.m.; Fort Lauderdale, FL).
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Jun. 13, 2003 |
Formal Bid Protest filed.
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Jun. 13, 2003 |
Request for Formal DOAH Hearing filed.
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Jun. 13, 2003 |
Agency referral filed.
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Orders for Case No: 03-002221BID
Issue Date |
Document |
Summary |
Dec. 16, 2003 |
Agency Final Order
|
|
Nov. 20, 2003 |
Recommended Order
|
Respondent`s decision to reject all bids was not contrived or arbitrary, but based upon sound reasons discovered and fully exposed by an initial bid protest.
|