Agenda 04/26/2011 Item #10B
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4/26/2011 Item 10.8.
EXECUTIVE SUMMARY
Recommendation to consider determining a valid public emergency and directing the County
Manager or designee to proceed with a re-evaluation of the FEMA-designated floodplain using the
2010 LiDAR and approve all necessary budget amendments. (Fiscal impact $400,250)
OBJECTIVE: To protect, in an expeditious manner, the interests of property owners within Ii
portion of the floodplain identified by the Federal Emergency Management Agency (FEMA).
CONSIDERATIONS: On July 12,2010, FEMA released the Preliminary Digital Flood Insurance
Rate Map (DFIRM) for Collier County. The mu1ti~year effort to produce the Preliminary
DFIRM was primarily through Tomasello Consulting Engineers, Inc. (TCE), working for both
Collier County and the City of Naples under two different, but related, contracts. During the 90-
day period of time for submitting comments, protests and appeals to the Preliminary DFIRM, the
County amended its contract with TCE to prepare an appeal based upon the use of new LiDAR
topographic mapping that was obtained in early 2010. However, due to the 90-day time
constraint, TCE was only able to prepare an appeal for two basins out of the twelve plus a coastal
analysis included within the Preliminary DFIRM study area. While the final outcome of the
County's appeal is still uncertain during FEMA's review, the results looked favorable in
demonstrating the impacts of changed ground elevations.
During the March 8, 2011 Board of County Commissioners (Board) meeting discussion on
adopting a new Flood Damage Prevention Ordinance (Agenda Item 8A) direction was given to
the County Manager to bring back a proposal to amend the floodplain maps for the remaining ten
basins and to provide a funding source to allow for payment of that project at this time. While
not specifically so stated in the approved motion, the County Manager understands the direction
is to also include the coastal flooding re-analysis.
Growth Management Division staff discussed the floodplain re-analysis project with the
Purchasing Department staff and Director to determine the course of action to proceed. The type
of work falls within the requirements of the Consultants' Competitive Negotiation Act (eCNA)
identified in Chapter 287.055 of the Florida Statutes (F.S.). The anticipated cost to complete the
project exceeds the exemption threshold limits identified in Chapter 287.017 F.S. The
determination of the Purchasing Department was that this project required a competitive
selection and negotiation through the release of an RFP unless the Board determines that a valid
public emergency exists. Based upon the requirements for public noticing, time to evaluate all
received proposals, short listing of the qualified respondents, Board approval of the short listing,
negotiation of a contract with the selected firm, and approval of the contract by the Board, it is
anticipated that approximately 4 to 6 months will pass before a selected consultant can begin to
work on the project. By working with a new consultant, the estimated time to complete the work
and submit to FEMA's national service provider (currently Michael Baker Jr., Inc.) is 18 to 24
months. FEMA's review of the submitted re~analysis and the typical requests for additional
infonnation or revision, along with FEMA's time to finalize the work product into a revised
Preliminary DFIRM for public comment, protest and appeal can be anticipated to take
approximately 12 months or more. The Preliminary Post-processing takes approximately 6
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4/26/2011 Item 10.8.
months unless there are extensive appeals to consider. Overall, the project is anticipated to take
at least 42 to 48 months.
RFP process
Consultant's re-analysis
FEMA's review and release of a revised Preliminary DFIRM
Preliminary Post-processing
6mo.
18 to 24 mo.
12mo.
6mo.
Total Time
42 to 48 mo.
Chapter 287.055 F.S. allows for exclusion from the provisions of competitive selection and
negotiation in cases of valid public emergencies certified by the agency head. If the Board
detennines there is a valid public emergency, the County could amend the existing contract with
TCE and promptly proceed with preparing the appropriate analyses and mapping for submittal to
FEMA. The advantages of using TCE to perfoml this work are
. familiarity with the current floodplain mapping,
. possession ofthe existing modeling for coastal and inland basins,
. the re-analysis would basically be a repeat of the current work product using the updated
LiDAR topography,
· Michael Baker, Jr., Inc. staff is familiar with TCE's modeling approach and map
deliverables, and
· time and cost savings.
TCE is already under contract for the current Preliminary DFIRM appeal, and it can immediately
begin work on re-evaluating selected top priority basins where staff estimates the greatest
potential for flood insurance cost savings may occur due to development patterns and intensity.
Being a small, specialty finn, it can only handle the workload of two or three basins at a time,
but as those basins are completed they can be submitted incrementally to FEMA. This would
create a rolling physical map revision process with all basin submittals completed within the
same 18 to 24 month time frame. From FEMA's position, it is better to receive map revisions in
adjacent basins to minimize the number of map panels being changed more than once. TCE has
already provided staff with a preliminary cost estimate of approximately $400,000 for all of the
work. Overall, the project would be anticipated to take at least 30 to 36 months. A change order
for the TCE contract is attached to this executive summary demonstrating its proposed cost and
ability to immediately initiate work on the re-evaluation upon Board approval.
RFP process
Consultant's re-analysis
FEMA's review and release of a revised Preliminary DFIRM
Preliminary Post-processing
N/A
18 to 24 mo.
6mo.
6mo.
Total Time
30 to 36 mo.
There is an urgency to complete the work when considering the financial impacts from flood
insurance purchase requirements. In the County's appeal of the Preliminary DFlRM based upon
. use of the 2010 LiDAR, it was detennined there could be thousands of properties placed in a
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4/26/2011 Item 10.8.
flood zone "X" instead of the flood zone "AR" as shown on the Preliminary DFIRM. This flood
zone difference is based upon the placement of fill for new developments that occurred between
the years when the two LiDAR products were flown, as well as a better resolution and reliability
of the elevation information with the 2010 LiDAR. Notably, the 2003 LiDAR was flown in
2001 and the 2010 LiDAR was flown in 2008. In preparing the analysis for the Preliminary
DFIRM, only the 2003 LiDAR was available.
Staff is requesting the Board to determine there is a valid public emergency to support the
issuance of a change order and the continuation of the current contract with TCE to meet t.he
previously discussed time constraints and potential financial impacts to County property owners..
Continuity of computer modeling is a very important consideration for the ten additional basins
to align with the two basins submitted as an appeal of the Preliminary DFIRM. The model is a
proprietary model developed by TCE, and although it will be released to FEMA upon
finalization of the DFIRM, there can be a steep learning curve for another firm to begin using it.
Should another firm propose to use different but equivalent modeling software, there would be a
significant loss of time to rebuild and calibrate the model to FEMA's satisfaction. The
development of the coastal and inland floodwater interface analysis would also need to be re-
created and the results reviewed and approved by FEMA. All of this effort and approval takes
time, and time is money to local property owners who may be found to have structures located
within flood zone "X" in the re-evaluation instead of in a flood zone "AH" on the Preliminary
DFIRM. Additionally, the cost estimate for TCE is known, whereas staff can only estimate what
another firm may require through contract negotiations.
Staff has looked at areas of significant development between 2001 and 2008 in both the north
and southeast urban regions of the County. There appear to be thousands of building sites within
approved developments where lakes were excavated and fill placed for building construction. In
east Naples, portions of the LASIP have now been completed and can be added into the
computer modeling, although much of that area is predominantly affected by coastal surge
flooding.
When the County's appeal of the Preliminary DFIRM was submitted, staff estimated the
potential cost savings to property owners of approximately 23,000 structures within those two
basins at approximately $4.8 million just by not having to obtain an elevation certificate and file
for a Letter of Map Amendment (LOMA). Since this proposed work is outside of the
Preliminary DFIRM appeal period and will be submitted as physical map revisions, there is no
assurance that FEMA will further delay fmalization of the DFIRM, and property owners may be
faced with requirements for flood insurance purchase or following through with the LOMA
process. Staff can keep FEMA notified of the upcoming map revision submittals to keep open
the possibility of including as many of them as possible into the DFIRM before it is finalized by
issuance of FEMA's Letter of Final Detennination. However, as the re-analysis is completed
and physical map revisions are submitted to FEMA for the various basins, there will be the
potential to identify many buildings within flood zone "X" and thus remove the continued
requirement for flood insurance purchase. That cost savings can potentially be in the millions of
dollars per year, both by owners choosing to not purchase flood insurance, or having the ability
to purchase flood insurance at a reduced rate as a preferred risk discounted policy.
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4/26/2011 Item 10.8.
FISCAL IMPACT: Since this project has a direct benefit to and impacts all areas of Collier County
including the incorporated municipalities, funding for the change order would come from the General
Fund. Funding for FY2011 would require a budget amendment reducing Gerieral Fund reserves by
$400,250 consistent with the change order and transferring these dollars to' Growth Management Division
Capital Fund (310) where the appropriation would be set up due to multi-year nature of the project. If the
project is approved by the Board, it is recommended that the initial FY2011 appropriation be established
and further that the project status be evaluated regularly and if additional funding is required, Board
action would be sought.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's office, is legally sufficient for Board action, and only requires majority vote for Board
approval. -SR T
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners
1. Determine there is sufficient justification to declare a valid public emergency, and:
· Direct the County Manager or his designee to finalize the change order with TomaseIIo
Consulting Engineers, Inc. to prepare the re-analysis of the floodplain for the 10 basins
outside the area of the County's Preliminary DFIRM appeal plus a re-analysis of the
coastal flooding,
· Authorize the Chairman to sign the change order; and
· Direct the County Manager or his designee to prepare the necessary budget amendment
to fund this change order; OR
2. In lieu of declaring a valid public emergency, direct the County Manager or his designee to: .
· Prepare and release an RFP for the re-analysis of the floodplain for the 10 basins outside
the area of the County's Preliminary DFIRM appeal plus a re-analysis of the coastal
flooding,
· Choose a selection committee to review the received proposals and recommend a short
listing of qualified responding consultants,
· Bring the recommended short list of consultants back to the Board for approval and
direction to enter into contract negotiations with the top ranked firm,
· Bring the negotiated contract back to the Board for approval, and
· Appr~ve aII necessary budget amendments.
Prepared By: Robert C. Wiley, P.E., CFM, Principal Project Manager
Land Development Services
Growth Management Division
Attachments:
1. Contract 11-5626 lOO-YearFlood Chg Order #8 (TomaseIIo)2
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4/26/2011 Item 10.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B.
Item Summary: Recommendation to consider determining a valid public emergency and
directing the County Manager or designee to proceed with a re-evaluation of the FEMA-
designated floodplain using the 2010 LiDAR and approve all necessary budget amendments.
(Fiscal impact $400,250)
Meeting Date: 4/26/2011
Prepared By
Name: WileyRobert
Title: Project Manager, Principal,Engineering & Enviromne
4/11/2011 11:30:52 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 4/12/2011 8:23:31 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 4/12/2011 9:38:12 AM
Name: WoodLyn
Title: Contracts Specialist,Purchasing & General Services
Date: 4/12/20113:49:02 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/13/20114:40:07 PM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 4/13/2011 5:18:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
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4/26/2011 Item 10.8.
Date: 4/14/2011 8:13:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2011 1: 11 :24 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/18/2011 2:31:45 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/18/2011 4:27:28 PM
}Janne:IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/19/2011 9:57:31 AM
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4/26/2011 Item 10.8.
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CHA...NGE ORDER
CHA.NGE ORDER NO.
8
CONTRACT NO. 11-5626
Bce Date: 3-]4..{l4
Agenda Item: l6{ A)( 6)
TO: M.... Richard S. Tomasello. PE
Tomasello Consulting En!!ineers. Inc.
5906 Center Street
Juoirer. FL 33458
DA TE: April &. 2011
PROJECT NAlv1E:
One Hu,"ldred n 00'1 Year Flood Elevations for Five (5) Basins in comer County
PROJECT NO.:
None
lTnder our AGREEMENT dated
Match 23. 2004
You hereby are authorized and directed to.make the rollowing Chal'lge(s) in accordance with ten..'lS and
conditions ofllie Agreement: See attached Scope of Work and TimelinelFee Proposal
FOR TIiE Additive Sum of: Four Hundred Thousand T'lTyO Hundre.d Fiftv Dollars ($400.250.00'1.
Original Agreement Amount
S215,OOD.OO
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Sum ofPre\oious ChaJlges
$360,253.70
This Change Order (add)
$400,250.00
Present Agreement At-nount
$975,503.70
Tue time for completion shall be (increased) by seven hundred (700) calendar 'days due to this Change
Order. Ac.cordingly, the Contract Time is now three thousand three hundred sixty-four (3364-) calendar days.
The completion date is ~tlay 11, 2013 . Your accepta."'lce of this Change Order shall constitute a modification to
our Agreement and will be performed subject to aU the same terms and conditions as contained in our
Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to
the Agn~emcnt shall constitute a full and final settlement of any and all clcim.s of the Contracror arising out of or
related to the change set far..h herein. including clai."P-s for impact and delay costs.
Accepted: Amil 12.201 I
CONTRP-.CIOR:
TOM:\SELLO CONSu'LTll'lG ENGlliCERS, me.
OWl'iiER;
BOARD OF COuNIT CONIJvlISSJONERS
OF COLLIER COmnY,FLORIDA
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By: A~~ ...?--A-'* ~ -L2-!J
Robert C. VirlIev. P.E,. rOject Manager
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By:
Richard S. Tomasello, P.E.
President
DEPP&TIvffiNT DIRECTOp.:-,.
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Date:
ATTEST:
Dv.1ght E. Brock. Clerk
BY:
Approved As To Form
and Legal Sufficiency:
Prim Name:
:.:s~a::g:()untv Attomev
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4/26/2011 Item 10.8.
Land Development Services
DIV1SION ADlYllNISTRATOR
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Norman Feder li/, z;:.- CA,~:4 L.&I'J VJttJ,?
Gro,^,ih M:magement Division
CONIR....\.CT SPECIA.LIST
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BOARD OF COUhT'fY COMl'vITSSJONERS
OF COLLIER COUNTY FLORIDA
BY:
Fred W. Coyle, Chairman
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