STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

THE DEMOYA GROUP, INC.,

Petitioner ,

VS,

STATE OF FLORIDA,

DEPARTMENT OF TRANSPORTATION , DOT CASE NO.: 15-049

Respondent,

and

PRINCE CONTRACTING, LLC.

Intervenor.

- - - - - - - - - - - - - - - - - I

FINAL ORDER

THIS PROCEEDING was initiated by Petitioner, The deMoya Group, Inc. (DMG), filing a notice of intent to protest on June 5, 2015, and Formal Written Protest on June 15, 2015, in response to the Respondent's, Department of Transportation (Department), posting an intent to award Design-Build RFP E4Q64 for Interstate 95 (l-95) Express Lanes Phase 3A-2 to Prince Contracting, LLC (Prince). The matter was referred to the Division of Administrative Hearings on September 14, 2015, and a Notice of Hearing was issued on September 17, 2015, scheduling this matter for hearing on October 14 and 15, 2015. Prior to the matter being heard, the parties entered into a Settlement Agreement , a copy of which is attached and incorporated by reference into this Final Order.

Filed October 29, 2015 11:12 AM Division of Administrative Hearings

FINDINGS OF FACT

I. On June 3, 2015, the Department posted it notice of intent to award Design Build RFP E4Q64 for the design and construction of Express Lanes on I-95 Phase 3A-2.

1. On June 5, 2015, DMG filed its notice of intent to protest and a protest bond.

   
   

2. DMG filed its Formal Written Protest on June 15, 2015.

   
   

3. This matter was referred to the Division of Administrative Hearings on September 14,2015.

4. The matter was assigned to Administrative Law Judge Lawrence P. Stevenson, who scheduled the hearing for October 14, and 15, 2015. Prior to the matter being heard, DMG and Prince reached an agreement, wherein the Department concurred.

5. As a result of the Settlement Agreement, DMG filed a Notice of Voluntary Dismissal With Prejudice as to its protest with the Division of Administrative Hearings. Subsequently, the Division of Administrative Hearings entered an Order Closing File and Relinquishing Jurisdiction of the matter back to the Department.

6. The parties desire that the terms of the Settlement Agreement be incorporated by reference and made a part of the Final Order.

   CONCLUSIONS OF LAW

   
   

   1. The Department has jurisdiction over the parties to and the subject matter hereto pursuant to Chapter 120, Florida Statutes.

   2. As the parties have entered into a Settlement Agreement, the Settlement Agreement

      
      

      should be approved.

      
      

      ORDER

      
      

      Based on the foregoing Findings of Fact and Conclusions of Law, it is

      ORDERED that the attached Settlement Agreement is approved and is incorporated as if fully set forth herein. It is further

      ORDERED that the notice of intent and formal protest filed by Petitioner, The De Moya

      
      

      Group, Inc., is hereby dismissed.

      DONE AND ORDERED this ;2,t ay of October, 2015.

      
      

      JIM D

      Secretary

      Department of Transportation Haydon Burns Building

      605 Suwannee Street

      Tallahassee, Florida 32399

      
      

      cNo

      
      

      --1

      CX)

      NOTICE OF RIGHT TO APPEAL

      
      

      THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.lO0(d), FLORIDA RULES OF APPEALLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET,

      M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

      
      

      Copies furnished to:

      
      

   3. Denise Johnson, Esq.

Special Counsel

Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street

Tallahassee, Florida 32399-0458

Jessica Rubio

District Four Procurement Services Manager Department of Transportation, District 4 3400 W. Commercial Blvd.

Ft. Lauderdale, Florida 33309-3421

Frederick J. Springer, Esq. Elizabeth Neiberger, Esq. Bryant Miller Olive, P.A.

101 North Monroe Street, Suite 900

Tallahassee, Florida 32301

Karen Walker, Esq. Tiffany Roddenberry, Esq. Holland & Knight, LLP

315 S. Calhoun Street, Suite 600

Tallahassee, Florida 32301

Miguel De Grandy, Esq.

Daniel Hanlon, Esq.

Holland & Knight, LLP

701 Brickell Avenue, Suite 3300

Miami, Florida 33131

Docket for Case No: 15-005038BID

Orders for Case No: 15-005038BID