Petitioner: AMEC CIVIL, LLC
Respondent: DEPARTMENT OF TRANSPORTATION
Judges: STEPHEN F. DEAN
Agency: Department of Transportation
Locations: Mango, Florida
Filed: Sep. 03, 2004
Status: Closed
Recommended Order on Tuesday, December 28, 2004.
Latest Update: Feb. 22, 2005
Summary: Whether the Department of Transportation’s decision to reject all bids for Financial Project No. 209278-1-52-01 (J. Turner Butler Blvd.) a major interchange in Duval County, Florida, was exercised illegally, arbitrarily, dishonestly or fraudulently.Order correcting scrivenor`s error in Recommended Order, paragraph 41.
04-3169 Corrected RO para 41.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AMEX CIVIL LLC,
Petitioner,
vs.
DEPARTMENT OF TRANSPORTATION,
Respondent,
and
SUPERIOR CONSTRUCTION CO., INC.,
Intervenor.
)
)
)
)
)
) Case No. 04-3169BID
)
)
)
)
)
)
)
)
)
)
)
ORDER CORRECTING SCRIVENER'S ERROR IN RECOMMENDED ORDER
The Department of Transportation filed an emergency motion for clarification bringing to the attention of the undersigned a scrivener's error in his Recommended Order of December 28, 2004. As suggested by the Department, paragraph 41 of said Order is incorrect and should read as follows:
41. While the evidence shows that the Department issued a Letter of Concern to Petitioner and that the Department employees or representatives involved with the construction on the I-95/I-295 Southern Interchange project may have personal "dislike" or "animus" toward Petitioner or its corporate officers, Richard Kelly and Jack Palmer, these factors do not change the impression that the rejection of all the bids on the JTB project was for any reason other than safety concerns over the MOT plans.
Paragraph 41 of the Recommended Order dated December 28, 2004, is hereby correct as indicated.
DONE AND ENTERED this 14th day of January, 2005, in Tallahassee, Leon County, Florida.
S
STEPHEN F. DEAN
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 2005.
COPIES FURNISHED:
C. Denise Johnson, Esquire Department of Transportation
Haydon Burns Building, Mail Station 58 605 Suwannee Street
Tallahassee, Florida 32399-0458
Marianne A. Trussell, Esquire Department of Transportation
Haydon Burns Building, Mail Station 58 605 Suwannee Street
Tallahassee, Florida 32399-0458
F. Alan Cummings, Esquire Smith, Currie & Hancock, LLP 1004 DeSoto Park Drive Tallahassee, Florida 32301
Mary Piccard Vance, Esquire Vezina, Lawrence & Piscitelli, P.A.
318 North Calhoun Street Tallahassee, Florida 32301
Mike Piscitelli, Esquire Vezina, Lawrence & Piscitelli
350 East Las Olas Boulevard, Suite 1130 Fort Lauderdale, Florida 33301
James C. Myers, Clerk Department of Transportation
Haydon Burns Building, Mail Station 58 605 Suwannee Street
Tallahassee, Florida 32399-0450
Pamela Leslie, General Counsel Department of Transportation
Haydon Burns Building, Mail Station 58 605 Suwannee Street
Tallahassee, Florida 32399-0450
Thomas F. Barry, Secretary Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399-0450
Docket for Case No: 04-003169BID
| Issue Date |
Proceedings |
|
Feb. 22, 2005 |
Department of Transportation`s Response to Petitioner`s Motion to Clarify Case Status filed.
|
|
Feb. 02, 2005 |
Order (motion to repoen denied).
|
|
Jan. 27, 2005 |
Final Order filed.
|
|
Jan. 21, 2005 |
Superior Construction Co.`s Response to Exceptions filed.
|
|
Jan. 14, 2005 |
Order Correcting Scrivener`s Error in Recommended Order.
|
|
Jan. 14, 2005 |
Petitioner`s Motion to Re-open Administrative Hearing filed. |
|
Jan. 14, 2005 |
Emergency Motion for Clarification (filed by Respondent).
|
|
Dec. 28, 2004 |
Recommended Order (hearing held October 20-22 and 27-28, 2004). CASE CLOSED.
|
|
Dec. 28, 2004 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
Nov. 30, 2004 |
Proposed Findings of Fact and Conclusions of Law (filed via facsimile).
|
|
Nov. 30, 2004 |
Notice of Filing Proposed Findings of Fact and Conclusions of Law (filed via facsimile).
|
|
Nov. 29, 2004 |
Department`s Proposed Recommended Order (filed via facsimile).
|
|
Nov. 29, 2004 |
Motion for Extension of Time to File Proposed Findings of Fact and Conclusions of Law (filed via facsimile).
|
|
Nov. 24, 2004 |
Proposed Findings of Fact and Conclusions of Law filed.
|
|
Nov. 24, 2004 |
Notice of Filing Proposed Findings of Fact and Conclusions of Law filed.
|
|
Nov. 17, 2004 |
Transcript (Volumes I-IX) filed. |
|
Oct. 28, 2004 |
CASE STATUS: Hearing Partially Held; continued to October 27, 2004. |
|
Oct. 27, 2004 |
CASE STATUS: Hearing Held. |
|
Oct. 27, 2004 |
Petitioner`s Notice of Taking Deposition Duces Tecum (L. Harper) filed.
|
|
Oct. 19, 2004 |
Superior Construction Co., Inc.`s Exhibit List (filed via facsimile).
|
|
Oct. 19, 2004 |
Pre-hearing Stipulation (filed by Petitioner via facsimile).
|
|
Oct. 19, 2004 |
Objection to Notice of Taking Corporate Deposition Duces Tecum (filed by M. Pistcitelli via facsimile).
|
|
Oct. 19, 2004 |
Response to Petitioner`s Motion for Sanctions (filed by M. Piscitelli via facsimile).
|
|
Oct. 19, 2004 |
Unilateral Proposed Pre-hearing Statement (filed by Petitioner).
|
|
Oct. 19, 2004 |
Petitioner`s Motion for Sanctions filed.
|
|
Oct. 19, 2004 |
Department of Transportation Privileged Document Log (filed via facsimile).
|
|
Oct. 18, 2004 |
Department`s Response to Third Request for Production (filed via facsimile).
|
|
Oct. 15, 2004 |
Amended Notice of Taking Deposition (A. Moyle) filed.
|
|
Oct. 15, 2004 |
Notice of Taking Deposition (A. Moyle) filed.
|
|
Oct. 14, 2004 |
Amended Notice of Taking Party Deposition Duces Tecum (Representative(s) of the Florida Department of Transportation) filed.
|
|
Oct. 14, 2004 |
Objection to Notice of Taking Coporate Deposition Duces Tecum (filed by Intervenor via facsimile).
|
|
Oct. 13, 2004 |
Notice of Taking Deposition Duces Tecum (Representative(s) of the Florida Department of Transportation) filed.
|
|
Oct. 13, 2004 |
Petitioner`s Third Request for Production filed.
|
|
Oct. 12, 2004 |
Amended Notice of Taking Corporate Deposition Duces Tecum (Coporate Representative of Superior Construction Co., Inc.) filed.
|
|
Oct. 12, 2004 |
Transcript filed. |
|
Oct. 08, 2004 |
Motion to Compel filed by S. Luken.
|
|
Oct. 08, 2004 |
Petitioner`s Notice of Hearing filed.
|
|
Oct. 08, 2004 |
Notice of Taking Deposition (2) (Corporate Representative of Superior Construction Co., Inc. and R. Hansgen) filed.
|
|
Oct. 07, 2004 |
Notice of Taking Depositions (J. Palmer, R. Kelly, G. Ralston) (filed via facsimile).
|
|
Oct. 06, 2004 |
Department`s Response to First Set of Expert Interrogatories (filed via facsimile).
|
|
Oct. 05, 2004 |
Petitioner`s Notice of Taking Deposition (4) (J. Box, T. Stoner, M. Majboor, and A. Prasad) filed.
|
|
Oct. 05, 2004 |
Notice of Taking Depositions (C. Rosand and D. White) filed via facsimile.
|
|
Oct. 05, 2004 |
Department`s Response to Request for Production (filed via facsimile).
|
|
Oct. 01, 2004 |
Petitioner`s Second Request for Production filed.
|
|
Sep. 29, 2004 |
Order Denying Consolidation.
|
|
Sep. 29, 2004 |
Order Granting Intervention. (Superior Construction Co., Inc.)
|
|
Sep. 28, 2004 |
Petition to Intervene (filed by Superior Construction Co., Inc.).
|
|
Sep. 27, 2004 |
Petitioner`s Notice of Service of Expert Interrogatories to Respondent filed.
|
|
Sep. 24, 2004 |
Department of Transportation`s Response in Opposition to Motion to Consolidation filed.
|
|
Sep. 23, 2004 |
Notice of Motion Hearing. (hearing on all pending motions will be held on September 28, 2004, at 10:00 a.m.)
|
|
Sep. 23, 2004 |
Petitioner`s Notice of Service of Response to Respondent`s First Interrogatories filed.
|
|
Sep. 23, 2004 |
Petitioner`s Notice of Service of Response to Respondent`s First Interrogatories with Original Attestation filed.
|
|
Sep. 21, 2004 |
Petitioner`s Response to Respondent`s First Request for Production filed.
|
|
Sep. 20, 2004 |
Department`s Notice of Serving Answers to Interrogatories filed.
|
|
Sep. 20, 2004 |
Motion to Consolidate (of case no(s) 04-3169BID, 04-3194BID, 04-3252RU) filed.
|
|
Sep. 15, 2004 |
Department`s First Request for Production of Documents (filed via facsimile).
|
|
Sep. 15, 2004 |
Notice of Serving Respondent, Department of Transportation`s, First Set of Interrogatories to Petitioner (filed via facsimile).
|
|
Sep. 15, 2004 |
Department`s Response to Request for Production (filed via facsimile).
|
|
Sep. 14, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 20 through 22, 2004; 9:00 a.m.; Jacksonville, FL).
|
|
Sep. 13, 2004 |
Petitioner`s First Interrogatories to Respondent filed.
|
|
Sep. 13, 2004 |
Petitioner`s First Request for Production filed.
|
|
Sep. 09, 2004 |
Order of Pre-hearing Instructions.
|
|
Sep. 09, 2004 |
Notice of Hearing (hearing set for September 17, 2004; 9:00 a.m.; Tallahassee, FL).
|
|
Sep. 03, 2004 |
Intent to Award Contractor`s Name (filed via facsimile).
|
|
Sep. 02, 2004 |
Formal Written Protest (filed via facsimile).
|
|
Sep. 02, 2004 |
Agency referral (filed via facsimile).
|
Orders for Case No: 04-003169BID
| Issue Date |
Document |
Summary |
|
Jan. 27, 2005 |
Agency Final Order
|
|
|
Jan. 14, 2005 |
Recommended Order
|
Order correcting scrivenor`s error in Recommended Order, paragraph 41.
|
|
Dec. 28, 2004 |
Recommended Order
|
Petitioner failed to show that Respondent`s decision to reject all bids was illegal, arbitrary, dishonest, or fraudulent.
|
