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Agenda 10/08/2024 Item #16B 9 (After-the-fact payment to AIM Engineering & Surveying, Inc. for the Palm River Weir Replacement project)10/8/2024 Item # 16.B.9 ID# 2024-1270 Executive Summary Recommendation to approve an after-the-fact payment in the amount of $52,168.50 to AIM Engineering & Surveying, Inc., for the “Palm River Weir Replacement” project under Agreement No. 18-7432-CE, “Professional Services Library Civil Engineering Category” for work completed to the satisfaction of the County. (Project Number 60234) OBJECTIVE: To approve an after-the-fact payment for work performed and completed by AIM Engineering & Surveying, Inc., associated with the "Palm River Weir Replacement" project. CONSIDERATIONS: On February 25, 2020, (Agenda Item 16E7), the Board of County Commissioners (the "Board") approved Agreement No. 18-7432-CE with AIM Engineering & Surveying, Inc., for the “Professional Services Library Civil Engineering Category”. Staff generated a Purchase Order No. #4500211919 for the “Palm River Weir Replacement” project in the amount of $206,025.00. The project consists of the replacement of an existing weir control structure near Sharwood Drive. On July 27, 2021, a notice to proceed was issued with a commencement date of services to be August 23, 2021, with 570 days allowed for completion. The County issued a stop work to AIM Engineering on March 17, 2023. Without issuing a proper start work notification, the project manager requested that AIM Engineering & Surveying, Inc., resume design services, which they did from March 18, 2023, through September 26, 2023. This after-the-fact request is to authorize payment of the attached Invoice No. 211349-16 in the total amount of $52,168.50, which includes the work authorized by the project manager for the Palm River Weir Project. Staff is requesting reallocation of funds from Task 7 – Post Design Services ($12,871.00) and Task 8 – Construction Assistance ($10,679.50) to Task 5 – Engineering Design and Plans, to fund the outstanding balance. Staff also requests the Board to approve the vendor working over task limits without a change order and approve the movement of funds within tasks. If this request is not approved, AIM, Engineering & Surveying, Inc., will not get paid for the work completed in good faith and to the County’s satisfaction. FISCAL IMPACT: Funds in the amount of $52,168.50 are encumbered and available under Purchase Order 4500211919 in Stormwater CIP Fund (3052), Project No. 60234 Palm River Storm Water Improvements. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATIONS: To approve an after-the-fact payment in the amount of $52,168.50 to AIM Engineering & Surveying, Inc., for the “Palm River Weir Replacement” project under Agreement No. 18-7432-CE, “Professional Services Library Civil Engineering Category” for work completed to the satisfaction of the County. (Project Number 60234) PREPARED BY: Beth Johnssen, Director, Capital Project Planning, Impact Fees & Program Management Division ATTACHMENTS: 1. STO-ATF_Palm River Weir. Page 2553 of 3899 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 Page 2554 of 3899 Consultant Invoice No.: 211349-FINALCollier Co Growth Management C&M Stormwater Management Attn: Mark Zordan 2685 S Horseshoe Dr, Suite 103 Naples, FL 34104 For Period From: 3/18/23 - 9/26/23 Contract No.: 18-7432-CE Date:09/26/23 PO No.: 4500211919 Collier Co No.: 60234.4.1 For Questions regarding this invoice please contact: Jacqui Eaton at (239) 284-1916 or jeaton@aimengr.com RE: Palm River Weir Replacement Task Task Title Total Basis of Percent Fee Less Amount Number Amount of Compensation Complete Earned Previous Due Compensation To Date Billing This Billing 00010 Survey $17,200.00 LS 70.87% $12,189.50 $12,189.50 -$ 00020 Geotechnical Assessment $8,987.00 LS 99.99% $8,986.25 $8,986.25 -$ 00030 Environmental Assessment $6,240.00 LS 72.50% $4,524.00 $4,524.00 -$ 00040 Weir Design Process $12,821.00 LS 100.00% $12,821.00 $12,821.00 -$ 00050 Engineering Design & Plans $123,139.00 LS 119.13% $146,689.50 $99,136.00 47,553.50$ 00060 Permitting $4,615.00 LS 100.00% $4,615.00 $0.00 4,615.00$ 00070 Post Design Services $12,871.00 LS 0.00% $0.00 $0.00 -$ 00080 Construction Assistance $20,152.00 LS 0.00% $0.00 $0.00 -$ Total $206,025.00 92.14% $189,825.25 $137,656.75 $52,168.50 C:\Users\tlevy\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\O8FY0QZG\211349_Inv 16__thru 09.25.23.xls Page 2555 of 3899 Page 1 of 1 AIM Engineering & Surveying, Inc. Successfully providing our clients and the community with quality planning, engineering and surveying since 1980. Corporate Office 2161 Fowler Street Suite 100 Fort Myers, FL 33901 239-332-4569 800-226-4569 www.aimengr.com September 26, 2023 FINAL INVOICE PROGRESS REPORT PALM RIVER WEIR REPLACEMENT PROJECT Summary of Progress and Work Complete AIM has performed the following professional services to assist Collier County with the replacement of an existing control structure located near Sharwood Drive in Naples, FL: •TASK 1 – SURVEY: The survey is complete and has been delivered to the County. •TASK 2 – GEOTECHNICAL ASSESSMENT: The Geotechnical Exploration Report is complete and has been delivered to the County. •TASK 3 – ENVIRONMENTAL ASSESSMENT: The Environmental Assessment memo is complete and has been delivered to the County. •TASK 4 – WEIR DESIGN PROCESS: The preliminary design approach was reworked to incorporate major design revision recommendations resulting from the SFWMD/BCB 60% design comments. A Change Order (CO) No. 1 request was submitted on December 2nd to accommodate the design of a more substantial weir superstructure. •TASK 5 – ENGINEERING DESIGN AND CONSTRUCTION PLANS: Upon request during the stop work order, the 100% civil design plans were revised and completed. Progress was made on the structure & electrical design plans but is on hold pending CO No. 1. •TASK 6 – PERMITTING: The SFWMD permit application was submitted, responses to RAIs were provided, and the permit was acquired. Future Tasks* •*TASK 1 – SURVEY: The only tasks left to complete are as-needed legal descriptions. •*TASK 3 – ENVIRONMENTAL ASSESSMENT: The remaining environmental tasks include assistance during the permitting process. •*TASK 7 – POST DESIGN SERVICES: AIM will assist the County through the construction bidding period once construction plans and permits are in place. •*TASK 8 – CONSTRUCTION ASSISTANCE AND ENGINEER OF RECORD SERVICES: Once under construction, AIM will assist the County through the construction period. *The project’s design, construction, and maintenance in understood to be transferred from the County to SFWMD. Therefore, no future tasks are anticipated to be completed. Page 2556 of 3899