HERNANDO COUNTY, Fla. – Continued squabbles between Hernando County and a road improvement project bidder have culminated in accusations of “blackballing” and a lawsuit filed on February 5.
According to the legal complaint, the Plaintiff, B.R.W. Contracting, Inc., based in Pasco County, is seeking a declaratory judgment to define the rights of itself and Hernando County, prove Hernando’s County commissioners breached Florida’s competitive bidding laws, and secure both temporary and permanent injunctive relief.
B.R.W. Contracting, Inc. was barred from bidding on the Snow Hill Road and Jones Road resurfacing project by county commissioners, despite a 20-year successful track record and approval by Hernando County staff to be awarded the contract.
B.R.W. contends the commissioners were reacting to a previous 2015 lawsuit the vendor won against the County regarding the Osowaw Bike Lane/Sidewalk project. In the “Osowaw Project,” County commissioners aired a grievance that the ride quality of the completed road was poor and that B.R.W. Contracting was responsible.
But the county’s CEI (Construction, Engineering, and Inspection) unit agreed with B.R.W. that the ride quality was due to shoddy work in the subgrade of the road, of which B.R.W. Contracting was not involved. The County disagreed and suspended B.R.W. from the project. It also suspended them from conducting any work through December 31, 2016. B.R.W. sued.
According to the current lawsuit, the parties ultimately reached a settlement agreement to pay B.R.W. for the Osowaw Project and enact a Termination for Convenience, which allegedly meant the County admitted there was no basis for B.R.W.’s suspension. The company and County agreed to “release, acquit, remise, and discharge each other” from all actions regarding the Osowaw project, including the County’s unwarranted suspension against B.R.W. Contracting.
The lawsuit further contends that although the County may reject any and all bids on projects, the County commissioners, led by Jeff Holcomb, acted arbitrarily and capriciously when rejecting the County staff’s Snow Hill Road project award to B.R.W. Contracting. The vendor was the lowest bidder with a successful track record, saving taxpayers $30,000 to complete the project.
The lawsuit’s permanent injunction request to the courts includes a demand that Hernando County award B.R.W. Contracting the Snow Hill Road project, cease barring the firm from bidding, permanently cease the use of the Osowaw Project as a reason for barring bid awards, end accusations regarding B.R.W. Contracting alleged fraud involving past truck tickets, and publicly retracting inflammatory statements made during a September 2020 meeting.
B.R.W. Contracting’s attorney is Megan M. Warren of McRae and Metcalf in Tallahassee. Neither she nor James Pietracatella, President of B.R.W. Contracting, could be reached for comment and clarifications regarding alleged fraud. A previous owner was involved in at least some if not all of the allegations made against B.R.W. in previous years.
And there go your tax dollars – down the drain.
Local businesses should be considered for local jobs. Lowest bid isn’t always the best deal.