Title:
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Approve the Unilateral Termination for Cause of Construction Contract with Ovation Construction Company, LLC for Yankee Lake Water Reclamation Facility Renewal and Replacement - Phase II (CC-5306-23/TAD) and authorize the Purchasing and Contracts Division Manager to execute the Unilateral Termination. District4- Lockhart (Lorie Bailey Brown, CFO/Resource Management Director) Requesting Department - Utilities
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Division:
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Resource Management - Purchasing and Contracts
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Authorized By:
Lorie Bailey Brown, CFO/Resource Management Director
Contact/Phone Number:
Robert Bradley/407-665-7111
Background:
On December 6, 2023, Seminole County (“County”) publicly advertised CC-5306-23/TAD and received three (3) bids for services related to the Yankee Lake Water Reclamation Facility. On February 22, 2024, the Seminole County Board of County Commissioners (“Board”) awarded the project to Ovation Construction Company, LLC (“Ovation”) in the amount of $2,909.291.89. The County executed an agreement with Ovation on April 2, 2024 (“Contract”), and issued a Notice to Proceed to commence work on May 13, 2024. The Contract required substantial completion within three hundred forty (340) calendar days (April 17, 2025) and final completion to occur within twenty (20) additional calendar days thereafter (May 7, 2025).
Despite the Notice to Proceed issued by the County and accepted by Ovation, Ovation has not submitted all the required documents for the County’s review and approval, which are necessary to begin work. As a result, Ovation has not mobilized at the project site. To date, no change orders have been issued under this Contract.
On or about March 4, 2025, Ovation submitted a revised construction schedule indicating that substantial completion would occur between September 25, 2025, and October 8, 2025, and final completion would occur between October 9, 2025, and October 22, 2025, significantly beyond the contractual deadlines. The delays caused by Ovation place the County’s infrastructure at risk. Given Ovation’s continued failure to submit all required documents in conformance with the Contract, mobilize, or progress toward completion, staff recommends termination for cause.
Requested Action:
Staff requests that the Board approve the Unilateral Termination for Cause of Construction Contract with Ovation Construction Company, LLC for Yankee Lake Water Reclamation Facility Renewal and Replacement - Phase II (CC-5306-23/TAD) and authorize the Purchasing and Contracts Division Manager to execute the Unilateral Termination