Agenda 05/26/2015 Item #16K2 5/26/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve payment for litigation support services by professional real
estate appraisal experts for the Order of Taking Hearings for the Golden Gate Boulevard
Widening Project No. 60040 in an amount not to exceed $10,225. Fiscal Impact$10,225.
OBJECTIVE: That the Board approves payment for litigation support services by professional
real estate appraisal experts for the Order of Taking Hearings for the Golden Gate Boulevard
Widening Project No. 60040 in an amount not to exceed $10,225.
CONSIDERATIONS: On June 10, 2014 under item 11.F, the Board adopted six resolutions
authorizing the condemnation of those perpetual and temporary easement interests necessary for
the Golden Gate Boulevard Widening Project (No. 60040) between Wilson Blvd and 20th Street
NE/SE. From January 2015 to March 2015, the County filed eminent domain suits against
various parcels in the project. At the Order of Taking hearings scheduled for July 9, 2015 and
July 31, 2015, the County must place on the record expert testimony by appraisers establishing
the full compensation due to affected property owners. The County Attorney's Office wishes to
retain the services of professional real estate appraisers for expert testimony and other litigation
support as may be required at the Order of Taking hearings. Section Eleven B.5 of the
Purchasing Ordinance (2013-69) provides that "The retention of services from experts or
consultants for purposes of ...litigation or administrative proceedings shall be exempt from all
competitive requirements of this Purchasing Ordinance, and must first be approved by the
Board."
The Transportation Engineering department hired appraisers for the initial appraisals at a flat fee
and then subsequently updated appraisals for the Order of Takings hearings, also at a flat fee.
These fees do not include appearance and testimony at the Order of Takings hearings. The
appraisers that did the written appraisal reports are required to testify at the hearings.
Accordingly, it is necessary to get Board approval for the appraisers' trial preparation and
testimony at the Order of Taking hearings.
The following estimates have been received for litigation support services of the appraisers for
the Order of Taking hearings:
Wilcox Appraisal Services, Inc.: $175/hour for 14 hours—maximum$2,450
Kenneth Devos, MAI, SRA: $150/hour for 9 hours — maximum $1,350
T.A. Tippett, Inc.: $175/hour for 15 hours—maximum $2,625
RKL Appraisal &Consulting: $200/hour for 10 hours—maximum $2,000
R& W Enterprises, Inc.: $180/hour for 10 hours—maximum $1,800
maximum cost for all appraisal experts combined: $10,225
FISCAL IMPACT: Funds in the amount of$10,225 are available in Golden Gate Boulevard
Widening Project No. 60040. Source of funds are impact fees and/or gas taxes.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
/-"■ is approved as to form and legality,and requires a majority vote for Board approval. -HFAC
Packet Page-1165-
5/26/2015 16.K.2.
RECOMMENDATION: That the Board of County Commissioners approves payment for
litigation support services by the identified real estate appraisal experts for the Order of Taking
Hearings for Golden Gate Boulevard Widening Project No. 60040 in an amount not to exceed
$10,225. Upon approval, the Purchasing Department shall be authorized to open Purchasing
Orders to engage the identified appraisers.
Prepared By: Heidi Ashton-Cicko,Managing Assistant County Attorney
Packet Page-1166-
5/26/2015 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve payment for litigation support services by
professional real estate appraisal experts for the Order of Taking Hearings for the Golden Gate
Boulevard Widening Project No. 60040 in an amount not to exceed $10,225. Fiscal Impact
$10,225.
Meeting Date: 5/26/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
5/13/2015 9:41:37 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
5/13/2015 9:41:38 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way, Growth Management Department
Date: 5/13/2015 10:39:17 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 5/14/2015 10:03:46 AM
Name: AhmadJay
Title: Division Director-Transportation Eng, Growth Management Department
Date: 5/14/2015 10:13:44 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney,CAO Land Use/Transportation
Date: 5/14/2015 10:54:41 AM
Packet Page-1167-
5/26/2015 16.K.2.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2015 11:56:39 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/17/2015 4:01:26 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/18/2015 7:19:20 AM
Packet Page -1168-
5/26/2015 16.K.2.
Av..,.inn7nel 1
Wilcox Appraisal Services Inc. .1111111h1,, Institute Professionals Providing
Heal Estate Solutions
Wilcox Appraisal Services, Inc. is
committed to the highest degree of
professionalism with all of our
appraisers being designated
Transmitted via Email WandaRodriguez @colliergov.net members of the Appraisal Institute.
May 6, 2015
Wanda Rodriguez, ACP
Advanced Certified Paralegal
Office of the County Attorney
Re: Proposal to Provide Additional Litigation Support Services.
Project: Widening of Golden Gate Boulevard.
Project No.: 60040AA.
Dear Ms. Rodriguez:
Pursuant to you email, dated May 5, 2015, I submit this correspondence for the purpose of
providing you with a written proposal to provide additional litigation support services for the
above reference road widening project.
In regards to providing Collier County with litigation support services, such as attendance to
meetings or teleconferences, reviewing the file memorandum and summary of compensation
estimates immediately prior to the Order of Taking hearing, inspecting the Parcels the day of the
hearing, and travel to and from, attendance and testifying, and follow-up to the Order of Taking
hearing, I currently charge $175.00 per hour for my time. Based on a total of two separate
Order of Taking hearings and assuming no usual conditions, I have estimated the total time to
complete all pertinent activities needed per Order of Taking to range from 6 to 7 hours or an
invoice amount of $1,050.00 to $1,225.00. Using the high end of the range, rounded to
$1,225.00 times two (2); a total fee of $2,450.00 is estimated to provide the requested
litigation supports services.
If you have any questions concerning this proposal, please contact me at your earliest
convenience.
Respectfully submitted,
WILCOX APPRAISAL SERVICES, INC.
4 aiLv'x'U%S44/71
R. Alan Wilcox, MAI, SRA
State-Certified General Real Estate Appraiser
RZ 306
1633 S.E. 41" Street• Cape Coral • Florida 33904-7470
239-542-2311 • Email awilcoxmaisra @comcast.net
Packet Page -1169-
5/26/2015 16.K.2.
RodriguezWanda
From: kendevos @comcast.net
Sent: Tuesday, May 05, 2015 10:44 AM
To: RodriguezWanda
Subject: Re: request for estimate- litigation support/Golden Gate Blvd. Project No. 60040
Categories: Green Category
Wanda,
Thank you for writing. My estimate of fees, for travel and testimony, should be based upon 9 hours total. At
my hourly rate of$150.00, this would be a total fee of$1,350.00. This will cover both days of testimony, July 9
and 30, 2015.
If you need further information, please let me know.
Kenneth Devos, MAI, SRA
From: "RodriguezWanda" <WandaRodriguez( colliergov.net>
To: kendevos(a,comcast.net
Cc: "AshtonHeidi" <HeidiAshton(a�collieraov.net>, "PepinEmily" <EmilvPepinacolliergov.net>
Sent: Tuesday, May 5, 2015 10:32:15 AM
Subject: request for estimate - litigation support/Golden Gate Blvd. Project No. 60040
Mr. Devos,
As you know, your services have been requested in regard to condemnation of parcels for the Golden
Gate Blvd. Project No. 60040. A PO was recently opened to cover the appraisal work, but fees for
appearing and testifying at the July OT hearings was NOT included in that PO. We must now open a —
separate PO to cover those litigation support costs. Please provide us with an estimate for
appearance and testimony at both OT hearings, for up to 10 hours, indicating your hourly rate and
any other anticipated costs. We need this estimate by this Friday, May 8th, if at all possible. Thank
you,
Wanda Rodriguez, ACT
.Advanced Certified Para(epaC
Office of the County.Attorney
(239)252-8400
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
Packet Page -1170-
5/26/2015 16.K.2.
RodriguezWanda
From: Thomas Tippett[Tom@tatippett.com]
Sent: Tuesday, May 12, 2015 2:25 PM
'n• Rnririni ua7Wanria
Cc: AshtonHeidi; PepinEmily
Subject: RE: request for estimate- litigation support/Golden Gate Blvd. Project No. 60040
I apologize,you should have received an automated reply that I was out of the Country from May 4-11 with limited
communication available to me as I was at a remote location on a mission trip.
My hourly fee for the hearings is$175. Should the 15 hours be necessary the total fee will be $2,625. I would expect
additional compensation if more hours are required.
Thank you,
Thomas A.Tippett, MAI
State-Certified General Real Estate Appraiser RZ#1669
i,'4. I ((Mal, Ilx•.
T .
1061 Collier Center Way#3, Naples, FL 34110
Ph 239-405-8551 ext. 1 Cell 239-641-3671
tom@tatippett.com
I'm a proud man pursuing humility by the grace of God. No one can ever truly say he is humble, but we
can at best only say we are proud people pursuing humility by the grace of God.
C.J. Mahaney
CSC
From: RodriguezWanda [mailto:WandaRodriguez @colliergov.net]
Sent: Tuesday, May 12, 2015 2:17 PM
To: Thomas Tippett
Cc: AshtonHeidi; PepinEmily
Subject: RE: request for estimate - litigation support/Golden Gate Blvd. Project No. 60040
Importance: High
Mr. Tippeft,
I still haven't received a response from you to the below request. We need the requested estimate
right away in order to open a PO in a timely fashion. Please advise.
-Wanda Rodriguez, MCP
.Advanced Certified Paralega(
Office of the County.Attorney
(239)252-8400
From: RodriguezWanda
Sent: Tuesday, May 05, 2015 11:03 AM
--To: 'tom @tatippett.com'
;c: AshtonHeidi; PepinEmily
Subject: RE: request for estimate - litigation support/Golden Gate Blvd. Project No. 60040
Packet Page -1171-
On further thought, due to the number of parcels you are handling, Heidi requests th 5/26/2015 16.K.2.
for litigation support include up to 15 hours. Thank you,
Wanda Rodriguez, MCP
.Advanced Certified Paralegal
Office of the County.Attorney
(239)252-8400
From: RodriguezWanda
Sent: Tuesday, May 05, 2015 10:37 AM
To: 'tom @tatippett.com'
Cc: AshtonHeidi; PepinEmily
Subject: request for estimate - litigation support/Golden Gate Blvd. Project No. 60040
Mr. Tippett,
As you know, your services have been requested in regard to condemnation of parcels for the Golden
Gate Blvd. Project No. 60040. A PO was recently opened to cover the appraisal work, but fees for
appearing and testifying at the July OT hearings was NOT included in that PO. We must now open a
separate PO to cover those litigation support costs. Please provide us with an estimate for
appearance and testimony at both OT hearings, for up to 10 hours, indicating your hourly rate and
any other anticipated costs. We need this estimate by this Friday, May 8th, if at all possible. Thank
you,
Wanda Rodriguez, MCP
.advanced Certified Paralegal
Office of the County.Attorney
(239)252-8400
Under Florida Law,e-mail addresses are public records,If you do not want your e-mail address released in response to a public records request,do not send
eleronic mail to this entity.Instead,contact this office by telephone or in writing.
Packet Page -1172-
5/26/2015 16.K.2.
RodriguezWanda
From: Rachel Zucchi [rzucchi @rklac.com]
—Sent: Tuesday, May 05, 2015 2:40 PM
To: RodriauezWanda
Cc: AshtonHeidi; PepinEmily
Subject: RE: request for estimate-litigation support/Golden Gate Blvd. Project No. 60040
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Green Category
Good afternoon Ms. Rodriguez,
Thank you for the email. My litigation support fee is$200 per hour.The estimated cost for appearance and testimony at
both OT Hearings, at 10 hours, is$2,000. If the hearings take the entire 10 hours, I estimate an additional 1.5 hours will
be needed for drive time and hearing preparation indicating a total fee of$2,300.
Thank you,
Rachel
Rachel M.Zucchi,MAI,CCIM
State-Certified General Real Estate Appraiser RZ#2984
Partner/Managing Director
RKL Appraisal and Consulting,PLC
4500 Executive Drive,Suite 300 I Naples, FL 34119
—0:239-596-0800 Ext. 203 I F:239-596-0801
Nww.rklac.com
From: RodriguezWanda [mailto:WandaRodriguez(cacolliergov.net]
Sent:Tuesday, May 05, 2015 10:34 AM
To: rzucchiCalrklac.com
Cc: AshtonHeidi; PepinEmily
Subject: request for estimate - litigation support/Golden Gate Blvd. Project No. 60040
Ms. Zucchi,
As you know, your services have been requested in regard to condemnation of parcels for the Golden
Gate Blvd. Project No. 60040. A PO was recently opened to cover the appraisal work, but fees for
appearing and testifying at the July OT hearings was NOT included in that PO. We must now open a
separate PO to cover those litigation support costs. Please provide us with an estimate for
appearance and testimony at both OT hearings, for up to 10 hours, indicating your hourly rate and
any other anticipated costs. We need this estimate by this Friday, May 8th, if at all possible. Thank
you,
Wanda Rodriguez, ACT
.Advanced Certified Paralegal
Office of the County Attorney
(239)252-8400
Packet Page -1173-
5/26/2015 16.K.2.
RodriguezWanda
From: danyueh33 @aol.com
Sent: Monday, May 11, 2015 10:03 AM
To: RodriquezWanda
Cc: AshtonHeidi; PepinEmily
Subject: Re: request for estimate-litigation support/Golden Gate Blvd. Project No. 60040
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Green Category
Dear Ms. Rodriguez,
1 am responding to your email below with a request for an expert witness fee covering 10 hours of appraisal services. My
hourly rate is $180/hr.; therefore, I request$1800 for the Golden Gate OT testimony.
Thank you,
Dan K. Richardson, PhD, MAI, Al-GRS
President
R &W Enterprises, Inc.
2186 Coffee Pot Blvd. NE
St. Petersburg, FL 33704
TEL (727) 822-5612
FAX(727) 822-4763
CEL (727)647-0887
EMAIL danyueh33( aol.com
-----Original Message----
From: RodriguezWanda<WandaRodriguezCacolliergov.net>
To: danyueh33 <danyueh33rc7i aol.com>
Cc: AshtonHeidi <HeidiAshton( collieroov.net>; PepinEmily <EmilyPerin4collieraov.net>
Sent: Tue, May 5, 2015 10:36 am
Subject: request for estimate-litigation support/Golden Gate Blvd. Project No. 60040
Mr. Richardson,
As you know, your services have been requested in regard to condemnation of parcels for the Golden
Gate Blvd. Project No. 60040. A PO was recently opened to cover the appraisal work, but fees for
appearing and testifying at the July OT hearings was NOT included in that PO. We must now open a
separate PO to cover those litigation support costs. Please provide us with an estimate for
appearance and testimony at both OT hearings, for up to 10 hours, indicating your hourly rate and
any other anticipated costs. We need this estimate by this Friday, May 8th, if at all possible. Thank
you,
'Wanda Rodriguez, MCP
Advanced Certified ParaCegaC
Office of the County Attorney
(239)252-8400
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
Packet Page -1174-