Agenda 11/12/2024 Item #16A12 (After-the-Fact payment to Capital Contractors, LLC, for the East Naples Commnity Park Pickleball Court Resurfacing project)11/12/2024
Item # 16.A.12
ID# 2024-1524
Executive Summary
Recommendation to approve an after-the-fact payment in the amount of $140,000 to Capital Contractors, LLC., for the
East Naples Community Park Pickleball Court Resurfacing project procured under Agreement No. 19-7525, Annual
Agreement for General Contractor Services, and deem this expenditure has a valid public purpose.
OBJECTIVE: Approve an after-the-fact payment authorization of $140,000 to Capital Contractors, LLC (the
“Contractor”), to pay for work completed relative to the East Naples Community Park Pickleball Court Resurfacing
project under Agreement No. 19-7525 (the “Agreement”).
CONSIDERATIONS: On November 22, 2022, staff opened Purchase Order No. 4500222308 under the Agreement in
the amount of $220,000 for the East Naples Community Park Pickleball Court Resurfacing project (the "Project"). In
error, staff opened the Purchase Order for the Project without first obtaining Payment and Performance Bonds from the
Contractor as required by Section 22.A of the Agreement. Section 22.A of the Agreement provides that for construction
projects in excess of $200,000, the Contractor is required to provide Payment and Performance Bonds. In this instance,
staff opened the Purchase Order commencing the work without first obtaining the required bonds from the Contractor.
County staff requests that the Board approve and authorize an after-the-fact payment of $140,000, the remaining balance
owed on the Contractor's pending Pay Application 2 Final. The Contractor completed the Project to the county's
satisfaction.
FISCAL IMPACT: Purchase Order 4500222308 under the TDC Capital Projects Fund (1108), Project 88450, provides
funding in the amount of $140,000 for the payment.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. —SRT
RECOMMENDATIONS: To approve an after-the-fact payment in the amount of $140,000 to Capital Contractors,
LLC., for the East Naples Community Park Pickleball Court Resurfacing project procured under Agreement No. 19-
7525 Annual Agreement for General Contractor Services and deem this expenditure has a valid public purpose.
PREPARED BY: James Hanrahan, Assistant Director, Parks and Recreation
ATTACHMENTS:
1. Pay App 2 East Naples Community Park Pickleball Court Resurfacing
2. ENCP Pickleball Court Resurfacing - After the Fact signed
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TRANSMITTAL FORM
To: Clerk of Court Date: January 11, 2024
Invoice Inv_309_cc100642_PO4500222308_PA2_FINAL_REVISED
Subject: Application for Payment 2 FINAL – CC East Naples Community Park
Pickleball Court Resurfacing - PO 4500222308 – Project 88450.1
Action Requested: ☐Resubmit ☐Reply ASAP ☐For Your Info & File☐For Your Review ☐ Please Comment ☐ For Your Signature☐Information Only ☒ For Your Approval ☐ Other
Enclosures/Attachments: Description
Letter ☐
Contract Documents ☐
Print ☐
Sample ☐
Proposal ☐
Sketch ☐
Modification Drawings ☐
Clarification Drawings ☐
Shop Drawings ☐
Other: Application for Payment #2 FINAL with Schedule of
Values (Exhibit E), Release Form (Exhibit D),
Certificate of Substantial Completion (Exhibit G),
Certificate of Final Completion (Exhibit H) and
Warranty and Bond Release (Exhibit I)
☒
Comments/Remarks/Instructions:
Please find the required documents for your review and approval.
On behalf of Capital Contractors, LLC
Victor Nguyen
Copies to:
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Application #: 2-FINALProject #: 88450.1 Application Date: January 11, 2024 Contractor: Capital Contractors LLC Period from to: February 13, 2023 thru March 2, 2023; June 12, 2023 thru July 22, 2023Previous ApplicationThis Period$35,000.00 $35,000.00 $0.00 $0.00 $35,000.00 100% $0.00$40,000.00 $5,000.00 $35,000.00 $0.00 $40,000.00 100% $0.00$120,000.00 $15,000.00 $105,000.00 $0.00 $120,000.00 100% $0.00$25,000.00 $0.00 $0.00 $0.00 $0.00 0% $25,000.00$220,000.00 $55,000.00$140,000.00 $0.00 $195,000.0089%$25,000.00CON - EN Pickleball - General ConditionsCON - EN Pickleball - Prep CourtsCON - EN Pickleball - Resurface CourtsCON - EN Pickleball - AllowanceTotalsSchedule of Values - Inv_309_cc100642_PO4500222308_PA2_FINAL_REVISEDProject Name: CC East Naples Community Park Pickleball Court ResurfacingDescription of Work Scheduled ValueWORK COMPLETEDStored Materials (not in D or E)Total Completed Stored to Date% CompleteBalance to Finish1Page 1056 of 5419
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c&fur-eou*rty
Public SeMces Departrnent
February 13,2023
Adam Ahmad
Capital Contractor LLC
9010 Strada CT Ste 108
Naples FL 34109
Re: Contract 19-7525
Purchase Order # 4500222308 - East Naples Pickleball Court Resurfacing
Notice to Start Work #2
Dear Mr. Ahmad
On February 3,2023, a stop letter was issued for this project. Effective February 13,2023,Ihe
above referenced Purchase Order # 4500222308 will be reactivated. You will have 58 days
remaining on contract which equates to a April 12, 2023 final completion date.
Ifyou have any questions, please do not hesitate to contact me at the information above.
C: Procuremenl Operalions
Principal Project Manager
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C Covtvrxy
March 3,2023
Adam Ahmad
Capital Contractor LLC
9010 Strada CT Ste 108
Naples FL 34109
Re: Contract 19-7525
purchase Order # 4500222308 - East Naples Pickleball Court Resurfacing
Notice to Stop Work #3
Dear Mr. Ahmad
Effective immediately, please be notified that work on the above referenced Purchase Order No.
45OOZ223OS is hereby stopped in accordance with Section 27 of the contract until the following
issues completed:
Contractor obtains material necessary to complete work
you will be notified when the stop work notice has been lifted and there will be 40 days remaining
on this purchase order No. 4500i22308. Please submit your final invoices for work completed to
date to the project Manager, Doyne Atkinsonwithin thirty (30) days after issuance of this letter'
If you have any questions, please do not hesitate to contact me'
Sincerely,
Principal Project Manager
C; Procurement OPerations
Public Services DePartnent
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Public SeMces Departrnent
hne 12,2023
Adam Almad
Capital Conhactor LLC
9010 Strada CT Ste 108
Naples FL 34109
Re: Contract 19-7525
Purchase Odet # 4500222308 - East Naples Pickleball Court Resurfacing
Notice to Start Work #3
Dear Mr. Ahmad
On March 3,2023, a stop letter was issued for this project. Effective June 12, 2023, the above
referenced Purchase Order # 4500222308 will be reactivated. You will have 40 days remaining
on contract which equates to a luly 22,2023 fnal completion date.
Ifyou have any questions, please do not hesitate to contact me at the information above.
C: Procurement Operations
Principal Project Manager
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Instructions
After the Fact Form
As per section 21 of the Procurement Manual, all purchases shall be consistent and in compliance with the Procurement
Ordinance (2017-08). Should work be authorized or purchases made that is inconsistent with County policy, procedure, or
contract terms, an After-the-Fact Procurement Form is required. This includes purchases made in advance of a Purchase Order,
when a Purchase Order is required to authorize such activity, and purchases made under an expired contract, or for goods and
services not covered by the current contract or purchase order. All such “After the Fact Procurements” will be reported to the
County Manager.
Requester Name: Division:
Division Director: Vendor Name:
Amount: Contract #: Purchase Order:
Why is this deemed a non-compliant purchase? Choose one.
Contract Ordinance Manual P-Card Other
Details of Purchase: Explain the circumstances behind this purchase.
Action Required: What are you asking to be done to remedy the situation, include list of invoices if applicable?
Corrective/Preventive Action: What action is being taken to prevent this violation from re-occurring?
The requestor affirms that to the best of their knowledge the information provided in this document is true.
Requested by: Signature: Date:
Division Director: Signature: Date:
Department Head: Signature: Date:
Reviion#1: February 2024
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