20-003336 Network Engineering Services, Inc., D/B/A Bolton Perez And Associates vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, December 7, 2020.

FINDINGS OF FACT

1. On June 18, 2020, the Department issued the Notice to BP A.

2. On July 10, 2020, BP A filed a timely petition for a formal administrative hearing

with the Department.

3. On July 24, 2020, this matter was referred to the Division of Administrative

Hearings ("DOAH"), where it was assigned DOAH Case No. 20-3336.

4. On November 30, 2020, prior to the matter being heard, the Parties entered into a

Stipulation of Settlement, attached hereto, resolving all matters at issue in this proceeding.

5. On December 4, 2020, the parties filed a Joint Motion to Relinquish Jurisdiction to

the Department in DOAH Case No. 20-3336.

6. On December 7, 2020, DOAH closed its case file and relinquished jurisdiction

regarding this matter to the Department, with leave to reopen the case file.

7. BP A agreed to a dismissal of its Petition upon entry of this Final Order.

CONCLUSIONS OF LAW

The Department has jurisdiction over the subject matter of and the parties to this

proceeding pursuant to Chapter 337, Florida Statutes, and Rule Chapter 14-75, Florida

Administrative Code.

ORDER

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

ORDERED that the attached Stipulation of Settlement is approved and adopted as if fully

set forth herein. It is further

ORDERED that except as provided in the subsequent paragraph, for the qualifications

period beginning July 1, 2020 and continuing through June 30, 2021, BP A shall voluntarily refrain

from (i) bidding on all projects the Department lets during such period and (ii) quoting work as a

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su bcontractor or materials suppl ier on projects let by the Departm ent during suc h period for

Standard Work Types 10.1, Roadway Construction Engineering, Insp ection; 1 0.3, Construction

Materials Inspectio n; 1 0.4, Minor Bridge & Miscellaneous Structures CEI; and 11.0, Engineering

Contract Administration and Management.

ORDERED that starting January 1, 2021, BPA ma y serve as a subcontrac tor or

subconsultant for the following FDOT Distric t Six contracts: Contra ct CA080 (NW 47th Ave.)

and Contract CA 732 (District\\\\'ide CEI).

ORDERED that the petition for administrative hearing filed by BP A in this matter i s

dismissed.

DONE and ORDERED this of December 2020.

Sec tary tat r-A

Departmen t of Transportation n ::iia

Haydon Burns Building U'1 : ::» .

605 Suwanne e Street :X :t1oo ....,. ("":)

Tallahasse e, Florida 32399 = ,..., . .

..

0

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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

9.110(d), FLORIDA RULES OF APPELLATE 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 30 DAYS OF RENDITION OF

THIS ORDER.

Copies furnished to:

SONYA DA WS, Esquire

Chief, Administrative Law

Department ofTransportation

Haydon Bums Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399

COURTNEY DRUMMOND, P. E.

Assistant Secretary, Engineering & Operations

Department of Transportation

605 Suwannee Street, M.S. 50

Tallahassee, Florida 32399-0450

GEORGE R. TRUITT, Esquire

Cole, Scott & Kissane P .A.

9150 South Dadeland Boulevard, Suite 1400

Miami, Florida 33156

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