Agenda 11/14/2023 Item #16C 5 (Termination of Construction Agreement #22-8008 South County Regional Water Treatment Plant w/ Fort Construction Group of Naples, Inc.)11/14/2023
EXECUTIVE SUMMARY
Recommendation to terminate for convenience Construction Agreement No. 22-8008, “South County
Regional Water Treatment Plant (SCRWTP) Front Entrance Improvements,” with Fort Construction
Group of Naples, Inc.
OBJECTIVE: To obtain the Board approval to terminate for convenience Construction Agreement No. 22-8008
(the “Agreement”) with Fort Construction Group of Naples, Inc. (“Fort Construction”) for the South County
Regional Water Treatment Plant (SCRWTP) Front Entrance Improvements, Purchase Order No. 4500223884.
CONSIDERATIONS: On February 28, 2023 (Agenda Item 16.C.8), the Board approved the Agreement with Fort
Construction to provide construction services for the SCRWTP Front Entrance Improvements.
Staff is requesting Board approval to terminate the Agreement for convenience as permitted by Section 19.1 of the
General Terms and Conditions of the Agreement, which provides that the County may terminate the contract
without cause with a seven-day (7) written notice. During the time that the Agreement was in effect, no billable
work proceeded, as the contractor has been under Limited Notice to Proceed since April 13, 2023, and was issued a
Notice to Stop Work dated July 11, 2023. Staff has notified Fort Construction in writing that it would be asking the
Board’s approval to terminate Construction Agreement No. 22-8008 for convenience at the November 14, 2023, as
allowed under the contract.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
RECOMMENDATION: To approve the termination of Construction Agreement No. 22-8008 for convenience
with Fort Construction Group of Naples, Inc. for the construction of SCRWTP Front Entrance Improvements, and
direct staff to send out the attached letter approving termination.
Prepared by: Robin E. Bain, P.E., PM III-Licensed
ATTACHMENT(S)
1. 22-8008_Notice of Termination_Pre-BCC (PDF)
2. 22-8008 Notice Conf Termination 11-14-23 (PDF)
3. [Linked] 22-8008 Contract_FortConstruction. (PDF)
16.C.5
Packet Pg. 855
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 27112
Item Summary: Recommendation to terminate for convenience Construction Agreement No. 22-8008, “South
County Regional Water Treatment Plant (SCRWTP) Front Entrance Improvements,” with Fort Construction Group
of Naples, Inc.
Meeting Date: 11/14/2023
Prepared by:
Title: – Solid and Hazardous Waste
Name: Jennifer Anderson
10/30/2023 10:40 AM
Submitted by:
Title: Plant Manager – Water
Name: Howard Brogdon
10/30/2023 10:40 AM
Approved By:
Review:
Solid and Hazardous Waste Robin Bain Additional Reviewer Completed 10/30/2023 10:43 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/30/2023 2:40 PM
Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 10/31/2023 10:19 AM
Procurement Services Sue Zimmerman Additional Reviewer Completed 10/31/2023 11:08 AM
Water Howard Brogdon Additional Reviewer Completed 11/01/2023 1:07 PM
Public Utilities Department Mary Linhard Level 1 Department Review Completed 11/01/2023 1:11 PM
Procurement Services Sandra Herrera Procurement Director Review Completed 11/01/2023 1:41 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/01/2023 2:51 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/08/2023 9:03 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 2:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 4:04 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
11/01/2023 7:31 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 8:30 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/02/2023 3:57 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.C.5
Packet Pg. 856
November 3, 2023
Attn: Brooks Witcher, President VIA EMAIL: Brooksw@fcgflorida.com
Fort Construction Group of Naples, Inc. AND U.S. MAIL
28290 Old 41 Rd, Unit 16
Bonita Springs, FL 34135
RE: Collier County’s Notice to Proceed and Response to Fort Construction Group of Naples, Inc.
Public Entity: Collier County, Florida (the “County”)
Project: South County Regional Water Treatment Plant (SCRWTP) Front Entrance
Improvements, Agreement #22-8008 (the “Contract”) Purchase Order #4500223884
Surety: Old Republic Surety Company
Contractor: Fort Construction Group of Naples, Inc. (“Fort Construction”)
Dear Mr. Witcher:
The County hereby provides written notice of its decision to exercise its right to terminate for
convenience the February 28, 2023 contract between Fort Construction and the County (the “Contract”) pursuant
to Paragraph 19.1 of the General Terms and Conditions of the Contract. In accordance with Paragraph 19.1
of the General Terms and Conditions of the Contract, the County has the right to terminate the Contract
without cause upon seven (7) calendar day written notice to Fort Construction. Please consider this letter the 7-
day written notice of the County’s intention to terminate the Contract for convenience, which shall appear on
the Board’s November 14, 2023, BCC Agenda for approval. Fort Construction is currently under a Notice to Stop
Work issued July 11, 2023, and a Limited Notice to Proceed issued April 13, 2023.
In accordance with the executed Contract that permits the County to terminate for convenience, Fort
Construction’s recovery against the County is limited to the portion of the Contract Amount earned through
the date of termination. It is our understanding, from communications with your project team, that the only
cost incurred to date is the bond premium. That premium should be refunded to you by the surety.
Let us know if you have any other questions,
Collier County, Florida
Copies to:
Robin Bain, Project Manager
Scott Teach, Deputy County Attorney
Procurement Services Division | 3295 Tamiami Trail East C-2 | Naples, Florida 34112 | Tel. (239)-252-8407
Procurement Services Division
16.C.5.a
Packet Pg. 857 Attachment: 22-8008_Notice of Termination_Pre-BCC (27112 : Recommendation to terminate Agreement No. 22-8008, SCRWTP Front Entrance
Procurement Services Division – 3295 Tamiami Trail East – Naples, Florida 34112-4901
www.colliercountyfl.gov/procurementservices
November 14, 2023
Attn: Brooks Witcher, President
VIA EMAIL: Brooksw@fcgflorida.com
Fort Construction Group of Naples, Inc.
28290 Old 41 Rd, Unit 16
Bonita Springs, FL 34135
RE: South County Regional Water Treatment Plant (SCRWTP) Front
Entrance Improvements, Agreement #22-8008 (the “Contract”)
Purchase Order #4500223884
Notice to Terminate for Convenience
Dear Mr. Witcher:
The Board of County Commissioners (Board) at its November 14, 2023 Board Meeting
approved the termination for convenience of the above-referenced Contract pursuant
to Paragraph 19.1 of the General Terms and Conditions of the Contract.
Should you have any questions regarding this termination notice please contact us at
(239) 252-8034.
Respectfully,
Virginia Squitieri
Procurement Contracts Manager
cc: Robin Bain, Project Manager
Scott Teach, Deputy County Attorney
16.C.5.b
Packet Pg. 858 Attachment: 22-8008 Notice Conf Termination 11-14-23 (27112 : Recommendation to terminate Agreement No. 22-8008, SCRWTP Front Entrance