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PADULA AND WADSWORTH CONSTRUCTION, INC. vs BROWARD COUNTY SCHOOL BOARD, 03-002221BID (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002221BID Visitors: 38
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.
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.
Oct. 16, 2003 Petitioner Royal Concrete Concepts, Inc`s Proposed Recommended Order with Findings of Fact and Conclusions of Law (filed via facsimile).
Oct. 15, 2003 Petitioner Padula & Wadsworth Inc.`s Proposed Recommended Order (filed via facsimile).
Oct. 15, 2003 Respondent School Board`s Proposed Recommended Order filed.
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.
Aug. 12, 2003 Order Granting Petition to Intervene (by James B. Pirtle Construction Company, Inc.).
Aug. 12, 2003 Respondent School Board`s Response to Request to Produce from Petitioner Royal Concrete (filed via facsimile).
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).
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).
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).
Aug. 04, 2003 James B. Pirtle Construction Company, Inc.`s Petition for Leave to Intervene (filed via facsimile).
Aug. 01, 2003 Respondent School Board`s Second Request to Produce to Petitioner Padula & Wadsworth (filed via facsimile).
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).
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).
Jul. 31, 2003 Respondent School Board`s Second Request to Produce to Petitioner Royal Concrete (filed via facsimile).
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).
Jul. 31, 2003 Notice of Filing Petitioner, Royal Concrete Concepts, Inc.`s Unsworn Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
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).
Jul. 18, 2003 Notice of Taking Depositions, H. Padula, D. Locke, Petitioners` Expert Witnesses (filed via facsimile).
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.
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).
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).
Jul. 09, 2003 Joint Motion to Change Location of Final Hearing (filed by R. Vignola via facsimile).
Jul. 09, 2003 Respondent School Board`s First Set of Interrogatories to Petitioner Padula & Wadsworth (filed via facsimile).
Jul. 09, 2003 Respondent School Board`s First Request to Produce to Petitioner Padula & Wadsworth (filed via facsimile).
Jul. 09, 2003 Respondent School Board`s First Request to Produce to Petitioner Royal Concrete (filed via facsimile).
Jul. 09, 2003 Respondent School Board`s First Set of Interrogatories to Petitioner Royal Concrete (filed via facsimile).
Jul. 08, 2003 Notice of Unavailability (filed R. Vignola via facsimile).
Jul. 07, 2003 Notice of Unavailability (filed by S. Schwarzberg via facsimile).
Jul. 01, 2003 Order of Pre-hearing Instructions.
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).
Jul. 01, 2003 Order Granting Motion for Consolidation issued. (consolidated cases are: 03-002220BID, 03-002221BID)
Jul. 01, 2003 Amended Joint Motion for Consolidation and Continuance (of case no(s): 03-2221BID, 03-2220BID) (filed by Respondent via facsimile).
Jun. 30, 2003 Joint Motion for Consolidation and Continuance (of case no(s): 03-2221BID, 03-2220BID) filed via facsimile.
Jun. 26, 2003 Joint Request for Telephone Status Conference (filed by Respondent via facsimile).
Jun. 23, 2003 Notice of Hearing (hearing set for July 7 and 8, 2003; 9:00 a.m.; Fort Lauderdale, FL).
Jun. 13, 2003 Formal Bid Protest filed.
Jun. 13, 2003 Request for Formal DOAH Hearing filed.
Jun. 13, 2003 Agency referral filed.

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.
Source:  Florida - Division of Administrative Hearings

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