Agenda 03/08/2016 Item #16K 3 3/8/2016 16.K.3.
EXECUTIVE SUMMARY
Recommendation to hire Hole Montes, Inc. for expert analysis and testimony in an amount
not to exceed $24,357, Wilcox Appraisal Services, Inc. for expert appraisal services and
testimony in an amount not to exceed $50,000, and Agnoli, Barber & Brundage, Inc. for
expert analysis and testimony in an amount not to exceed $35,000 for support in the
eminent domain cases styled Collier County v. S.D. Corporation, Inc., Case No. 15-CA-1580,
and Collier County v. April Chappell, et al., Case No. 10-3932-CA filed in the Lely Area
Stormwater Improvement Project,No. 51101. (Fiscal Impact: $109,357)
OBJECTIVE: To retain expert support for pending eminent domain litigation for the Lely Area
Stormwater Improvement Project.
CONSIDERATIONS: On October 27, 2010, Collier County condemned Parcel 145DAME, a
0.8 acre drainage, access and maintenance easement, in the case styled Collier County v. April
Chappell, et al., Case No. 10-3932-CA. Parcel 145DAME was formerly owned by Gulfview
Townhomes, LLC and was condemned in order to construct the Royalwood/Whitaker portion of
the Lely Area Stormwater Improvement Project (hereinafter referred to as "LASIP").
Subsequently, on October 29, 2015, Collier County condemned Parcels 251DAME, 255DAME,
257DAME, and 258DAME, drainage, access and maintenance easements, and Parcels 258TCE1
and 258TCE2, temporary construction easements, totaling roughly 10.26 acres, in the case styled
Collier County v. S.D. Corporation, Inc., et al., Case No. 15-CA-1580. Parcels 251DAME,
255DAME, 257DAME, 258DAME, 258TCE1, and 258TCE2 were taken from a 70 acre +/-
tract owned by S.D. Corporation of Naples, Inc. and Cypress Landings II of Naples, LLC, which
are owned and operated by the same principals, and were condemned in order to construct the
Sandy Lane Interconnect/Wingsouth portion of LASIP.
In both cases, claims have been made by the property owners for severance damages due to
damaged developmental potential, resulting in the need for professional review and analysis by
an expert engineer and land planner experienced with development projects in Collier County. If
the cases proceed to trial, expert testimony based on that analysis will also be required. The
County Attorney's office, outside counsel and staff recommend the hiring of Hole Montes, Inc.,
under the terms of Contract No. 13-6164 (the County's Fixed Rate Annual Contract for
Engineering and Architectural Services). Hole Montes has submitted the attached proposals
dated December 1, 2015 and January 11, 2016 quoting an estimated total of $24,357 for both
professional services and expert testimony.
In addition, if the case proceeds to trial, litigation support and expert testimony will be required
of the appraiser of record as well as the design engineer for LASIP. Attached are proposals from
Alan Wilcox of Wilcox Appraisal Services, Inc. (appraisal testimony) in the amount of$50,000
and Dan Brundage of Agnoli, Barber and Brundage, Inc. (design engineer for LASIP) in the
amount of$35,000 for litigation support and expert testimony in their relevant field.
GROWTH MANAGEMENT IMPACT: None.
[15-CA-1580/1233095/1]
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3/8/2016 16.K.3.
FISCAL IMPACT: Funding in the amount of $109,357 is available in project number 51101,
Lasip within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from
the General Fund (001) and Unincorporated Area General Fund (111).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval.—ERP
RECOMMENDATION: To approve hiring Hole Montes, Inc., Wilcox Appraisal Services, Inc.
and Agnoli, Barber and Brundage, Inc. for litigation support and expert testimony for the cases
styled Collier County v. S.D. Corporation, Inc., et al. and Collier County v. April Chappell, et
al., and authorize the expenditure of funds as stated herein.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Hole Montes, Inc. Proposals dated December 1, 2015 and January 11, 2016; (2)
Wilcox Appraisal Services, Inc. Proposal dated January 13, 2016; and (3) Agnoli, Barber &
Brundage Proposal dated February 16, 2016.
[15-CA-1580/1233095/1]
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3/8/2016 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to hire Hole Montes, Inc. for expert analysis and
testimony in an amount not to exceed $24,357, Wilcox Appraisal Services, Inc. for expert
appraisal services and testimony in an amount not to exceed $50,000, and Agnoli, Barber &
Brundage, Inc. for expert analysis and testimony in an amount not to exceed $35,000 for
support in the eminent domain cases styled Collier County v. S.D. Corporation, Inc., Case No.
15-CA-1580, and Collier County v. April Chappell, et al., Case No. 10-3932-CA filed in the Lely
Area Stormwater Improvement Project, No. 51101. (Fiscal Impact: $109,357)
Meeting Date: 3/8/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
2/22/2016 2:36:17 PM
Submitted by
Title: Assistant County Attorney,CAO Litigation
Name: PepinEmily
2/22/2016 2:36:19 PM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date: 2/23/2016 12:35:52 PM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 2/24/2016 11:10:24 AM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 2/24/2016 11:52:29 AM
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3/8/2016 16.K.3.
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction &Maintenance Budget/Fiscal
Date: 2/24/2016 3:45:19 PM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 2/24/2016 4:55:19 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/24/2016 5:02:56 PM
Name:PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/26/2016 10:29:55 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/29/2016 9:30:05 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/29/2016 4:07:53 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/29/2016 5:27:00 PM
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HOLE MONTES
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Via E-mail and U.S. Mail
January 12, 2016
Kevin E. Hendricks, Right-of-Way Acquisition Manager
Collier County Growth Management Division
Transportation Engineering Department
2885 South Horseshoe Drive
Naples, Florida 34104
RE: Expert Witness Consultation Services for Gulfview Townhomes,LLC
Property (Zoned RMF-6) and the SD Corporation Property (Shadow Wood PUD)
HM File No.: 8200A
Dear Mr. Hendricks:
The firm of Hole Montes, Inc., is pleased to be able to provide the following Expert
Witness - Scope of Services to Collier County as it relates to the County's acquisition of a
portion of the aforementioned properties based upon the hourly rates as set forth in Fixed
Rate Annual Contract 13-6164.
Scope of Services-Expert Witness Assistance to include but not limited to the following:
1. Review and interpretation of civil engineering plans;
2. Review of reports prepared by other consultants;
3. Provide Expert Witness Opinions and Testimony in legal proceedings at the
direction of the County Attorney; and
4. Reimbursables
Thank you for this opportunity to provide Expert Witness Consultation Services. Should
you require additional information, please feel free to contact me.
I look forward to working with you.
Very truly yours,
HOLE MONTES, INC.
E`fy `
W. Terry Cole, P.E.
Vice President
WTC:tdc
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PROFESSIONAL ENGINEERING CONSULTATION
SCHEDULE OF FEES
Task Estimated Hours* Estimated Fees
1. Review Civil Engineering 6 @ $172 = $1,032
6 @ $157 = $ 942
6 @ $114= $ 684
4 Q,$62 = $ 248
22 $2,906
2. Review Reports 6 @ $172 = $1,032
2 a $62 = $ 124
8 $ 1,156
3. Expert Testimony 12 @ $172 $ 2,064
Estimated Total 42 $ 6,126
4. Reimbursables: As authorized by Contract#13-6164
* Note: Billing Hourly Rates shall be per Contact#13-6164:
Specific staff and associated rates are as follows:
W. Terry Cole, P.E., Senior Project Manager $172
Barry E. Jones, P.E., Senior Project Manager $172
Wilson A. Garcia, P.E., Senior Engineer $157
Jonathan Smith, Senior Designer $114
Tobi Charbonneau, Clerical/Administrative $ 62
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'BRUNDAGE, INC.
Professional Engineers,Planners& Land Surveyors
Collier County:7400'Luniami Trail N.-Napks,FL 3410F l'h.:(230(597-31 I 1-Fax:(2393 tor,2203
February 16, 2016
Kevin Hendricks
Right-of-Way Acquisition Manager
Collier County Transportation Engineering Division
2885 South Horseshoe Drive
Naples, Florida
RE: LASIP Wingsouth Airpark Litigation Support
ABB PN 00-7599-7WS
Dear Mr. Hendricks:
The firm of Agnoli, Barber and Brundage is pleased to be able to provide the following proposal
for litigation support services to Collier County at the hourly rates as set forth in Fixed Rate Annual
Contract 13-6164:
• Review and interpretation of civil engineering plans.
• Review of reports prepared by other consultants.
• Provide Expert Witness opinions and Testimony in legal proceedings.
As it is not known at this time the extent of the analysis and/or testimony required, it is impossible
to provide an exact dollar amount with this proposal. However, it would not be inappropriate to
quote an upset limit of$35,000 for the purposes of opening a purchase order to cover at least the
initial services to be provided.
Sincerely,
AGNOLI, BARBER& BRUNDAGE, INC.
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Daniel W. B `; ndag,e, P.E.
President \
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HOLE MONTES
ENGINEERS•Pi.likERS ?,
950 Encore',Nay ;vapies, riUrlOd 34:110 Pi 239.254.2000 Fax:� r 239 254.2099
December 1, 2015
VIA EMAIL AND U.S.MAIL
Kevin Hendricks, Right-of-Way Acquisition Manager
Collier County Growth Management Division
Transportation Engineering Department
2885 South Horseshoe Drive
Naples, Florida 34104
Re: Expert Planning Services for the Gulfview Townhomes, LLC,
Property (Zoned RMF-6) and the SD Corp. property (Shadow Wood PUD)
HM File No.: 8200A
Dear Mr. Hendricks:
Per your request, attached please find a Scope of Services and Schedule of Fees for professional
Planning Services related to the County acquisition of a portion of the above properties. I have
included a Task for Conceptual Site Planning as that may be necessary to fully examine and
understand what is achievable in both the pre- and post take conditions.
Please let me know if you require any additional information
Thank you for the opportunity. I look forward to working with you on this matter.
Very truly yours,
HOLE MONTES, INC.
Robert J• Mulhere, F_A_ICP
Director of Planning
RJM/sek
Enclosures as noted.
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PROFESSIONAL PLANNING CONSULTATION
SCOPE OF SERVICES
Gulfview Townhomes, LLC, Property (RMF-6) and SD Corp. property (Shadow Wood
PUD)
1. General Consultation and Coordination
A. Consult with County staff to clarify and define requirements for the Project and
review available Project information.
B. Review information provided by the County and/or collect available information
from public records about the existing property, surrounding area, and adjacent
parcels as applicable.
C. Attend meetings as requested with the County, project team, for coordination of
various issues as they arise in the process.
2. Conceptual Pre-Take and Post-Take Development Plans
A. Prepare up to two versions for both parcels of Pre-Take and Post-Take
Development Plans, depicting the most likely development achievable under the
zoning in effect on the date of acquisition. Identify on- or off-site improvements
that could ameliorate or mitigate the impact of the take on the subject properties
3. Report Providing Professional Opinion
A. Prepare a written report providing a Professional Opinion of the Planning and Site
Development Impacts and Development Potential of the subject parcels, in the
pre- and post take (remainder) conditions.
4. Expert Testimony
A. Provide Expert testimony as requested.
5. Reimbursables
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PROFESSIONAL PLANNING CONSULTATION
SCHEDULE OF FEES
Task Estimated Hours* Estimated Fees
1. General Consultation and Coordination 6@ $172 = $1,032
6 @ $139 = $ 834
12 $1,866 •
2. Conceptual Development Plans 6@ $172 = $1,032
10@ $157= $1,570
10@$139 = $1,390
35@$82 = $2,870
5@$62 = $ 310
66 $7,172
3. Professional Opinion Report 20@ $172 = $3,440
5@ $139 = $ 695
15@$62 = $ 930
40 $5,065
5. Expert Testimony 24@ $172 $4,128
Estimated Total 142 $18,231
6. Reimbursables: As authorized by Contract 13-6164
* Note: Billing Hourly Rates shall be per Contact 13-6164:
Specific staff and associated rates are as follows:
Robert J. Mulhere, FAICP: Senior Project Manager - $172.00
Paula McMichael, AICP: Senior Planner- $139.00
Wilson Garcia,P.E.: Senior Engineer- $157.00
Matthew Kichline: CADD Technician- $82.00
Stephanie Karol: Clerical/Admin $62.00
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Appraist�e"l
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Inc.Wilcox Appraisal Services,
Prellbcsionals Prnru!uz,
Feat E.ctale Solutions
Wilcox Appraisal Services, Inc. is
committed to the highest degree of
professionalism with all of our
appraisers being designated
Transmitted via Email harryhenderson @colliergov.net members of the Appraisal Institute.
January 13, 2016
Harry Henderson, SRA, Review Appraiser
Transportation Right-of-Way Group
2885 South Horseshoe Drive
Naples, Florida 34104
Re: Proposal to Provide Additional Appraisal Services and Litigation
Support Services.
Project: Lely Area Stormwater Improvement Project (LASIP); Wing South
Stormwater Improvements
Project No.: 51101 (Crews Road, Cope Lane, Sandy Lane/Wingsouth
Interconnect)
Parcel No.: 251 DAME; and
Project No.: 51105.1 (Wing South Stormwater Improvements)
Parcel No.: 258DAME, 258TCE1 and 258TCE2.
Parent Tract: 77.99 Acre Residential Tract.
Improvements: The parent tract is unimproved except for some perimeter six foot
chain link with two strands of barbwire fencing.
Location: The parent tract is located in the northern portion of the Shadowwood
Planned Unit Development approximately 0.60 miles north of
Rattlesnake Hammock Road between Collier Boulevard and Santa
Barbara Boulevard in Collier County, Naples, Florida.
Owner: S. D. Corporation of Naples, Inc.
Dear Mr. Henderson:
Pursuant to our teleconference today, Wednesday, January 13, 2016, I submit this
correspondence for the purpose of providing you with a written proposal to provide additional
appraisal services and litigation support services for the above reference Collier County Lely
Area Stormwater Improvement Project (LASIP).
The scope of service will include additional appraisal services and litigation support services as
assigned and approved by the Collier County Transportation Right-of-Way Group. Additional
appraisal services will include work needed to complete additional appraisal reports pertinent to
the project parcels including performing additional market research and analyses as assigned.
Litigation support services will include, but not limited to: 1) the review of appraisals and other
analyses including the supporting market data prepared for the benefit of parcel owner(s) by
other appraisers and/or consultants; 2) working with additional market consultants such as
1633 S.E. 41st Street• Cane Coral • Florida 33904-7470
239-542-2311 Packet Page -1262-@comcast.net
3/8/2016 16.K.3.
January 13, 2016
Harry Henderson, SRA, Review Appraiser Page 2
planners, engineers, contractors, accountants and other market consultants; 3) working with
attorneys representing Collier County; 4) preparation, attendance, and follow-up to meetings,
teleconferences and depositions; 5) preparation of exhibits; 6) providing expert witness
testimony at trials; 8) performing miscellaneous litigation support services as assigned.
In regards to providing you with additional appraisal services and litigation support services, I
suggest that a time and expense contract with monthly billings be utilized. I currently charge
$175.00 per hour for my time and my associate appraiser is billed out at an hourly rate of
$125.00 per hour. Additional costs would include out-of-pocket expenses, such as, exhibit
materials and miscellaneous.
It should be understood that it is impossible to estimate with great accuracy the total time and
expenses that will be necessary to complete all of the related tasks associated with the above
additional appraisal services and litigation support services. However, for purposes of
providing a reasonable initial estimate, I would estimate a total fee of$50,000 would be
appropriate.
It is important that I advise you that I am not an expert in determining the absence or presence
of jurisdictional systems including, but not necessarily limited to wetlands, wildlife habitats, or
other biological communities. Also, I am not an expert in determining the absence or presence
of any environmental contamination.
If you have any questions concerning this proposal, please contact me at your earliest
convenience.
Respectfully submitted,
WILCOX APPRAISAL SERVICES, INC.
.."°n"-Z 09"10"*U1/49.14471
R. Alan Wilcox, MAI, SRA
State-Certified General Real Estate Appraiser
RZ 306
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Wilcox Appraisal Services,Inc.
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