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Agenda 06/12/2012 Item #16A186/12/2012 Item 16.A.18. EXECUTIVE SUMMARY Recommendation to approve the selection and hiring of Wilcox Appraisal Services (Alan Wilcox MAI, SRA), without competitive bid, for the appraisal of two complex right -of -way parcels on the US -41 / SR -CR951 Intersection Improvement Project. Project No. 60116. Fiscal Impact: Not to Exceed $26,725. Project No. 60116. OBJECTIVE: To hire, without competitive bid, a particular expert witness (real estate appraiser, Alan Wilcox, MAI, SRA) who has extensive experience in the appraisal of complex properties for eminent domain purposes and who has been admitted numerous times in the circuit courts of both Lee and Collier counties as an expert witness for eminent domain valuation purposes. CONSIDERATIONS: The County is currently in the initial appraisal phase of the right of way (ROW) acquisition process regarding the US41 /SR -CR951 Intersection Improvement Project ( #60116). The vast majority of the parcels on this project are being appraised by real estate appraisers selected via a competitive bid process. All of the appraisers being utilized have solid eminent domain credentials and have demonstrated competence in this area of practice. Transportation Engineering staff and the County Attorney's Office have identified two project parcels, however, which are unique in their complexity and are likely to go to trial. Both property owners and the businesses that operate on the properties are already represented by counsel. They are Parcels 108FEE & 108TCE (the Circle K convenience store and gas station located at the SE corner of the intersection) and Parcels 116FEE, 116TCE1, 116TCE2 & 116TCE3 (the CVS drug store located at the NE corner of the intersection). As such, County transportation staff believes it is in the County's best interest to hire a local real estate appraiser specially qualified with respect to takings of this nature who has extensive trial experience as an expert witness in valuation trials. Section VII, H of the Collier County Purchasing policy provides, "The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department without further action. Acquisitions that exceed $50,000 may be authorized by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification." Because litigation has not yet commenced, staff is bringing this item to the Board of County Commissioners for approval. Packet Page -1223- 6/12/2012 Item 16.A.18. FISCAL IMPACT: Estimated expenditures for the initial appraisals, the updates for the Order of Taking hearing, and for expert witness testimony at the hearing(s) themselves, is not expected to exceed $26,725 based upon the fee quote submitted by Wilcox Appraisal Services. Source of funds is impact fees. Should further services from Wilcox Appraisal be requested by the Office of the County Attorney in preparation for trial, an estimate of the amount of the Purchase Order modification will be brought to the Board for approval at that time. No maintenance costs are associated with this item. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this recommendation. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for Board approval. -HFAC RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: approve the selection and hiring of Wilcox Appraisal Services (Alan Wilcox, MAI, SRA), without competitive bid, for the appraisal of Parcels 108FEE, 108TCE, 116FEE, 116TCE1, 116TCE2 and 116TCE3. Prepared By: Harry Henderson, SRA, Review Appraiser, ROW Office Attachments: (1) Two May 16, 2012 E -mail fee quotations (with additional hand -written fee notations); (2) Aerial Photograph of CVS Property Showing ROW Take; (3) Aerial Photograph of Circle K Property Showing ROW Take; and (4) Location Map Packet Page -1224- 6/12/2012 Item 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18. Item Summary: Recommendation to approve the selection and hiring of Wilcox Appraisal Services (Alan Wilcox MAI, SRA), without competitive bid, for the appraisal of two complex right -of -way parcels on the US -41 / SR -CR951 Intersection Improvement Project. Project No. 60116. Fiscal Impact: Not to Exceed $26,725. Project No. 60116. Meeting Date: 6/12/2012 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 5/18/2012 11:58:38 AM Approved By Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 5/21/2012 9:41:42 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 5/21/2012 10:02:22 AM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 5/21/2012 11:33:29 AM Name: ShueGene Date: 5/21/2012 1:33:21 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 5/22/2012 9:44:00 AM Name: LynchDiane Title: Administrative Assistant Date: 5/22/2012 10:56:24 AM Packet Page -1225- 6/12/2012 Item 16.A.18. Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 5/23/2012 4:57:02 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/30/2012 8:25:24 AM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 5/30/2012 1:16:18 PM Name: KlatzkowJeff Title: County Attorney Date: 5/30/2012 3:52:24 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/5/2012 3:24:09 PM Name: IsacksornMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 6/5/2012 3:40:09 PM Packet Page -1226- -LZZT- aSed laPed '8VV*9� wall zWz /z U9 -8ZZZ- aged lured '8 V'9 � wall Z WzfiZ �/9 6/12/2012 Item 16.A.18. US-41 / COLLIER BOULEVARD INTERSECTION - LOCATION MAP Packet Page -1229- 6/12/2012 Item 16.A.18. HendersonHar From: Alan Wilcox [awilcoxmaisra @comcast.net] Sent: Wednesday, May 16, 2012 10:24 AM To: HendersonHarry Subject: RE: Appraisal Bid Proposal, Parcels Nos. 116Fee/1 16TCEl/l 16TCE2/116TCE3, 41 -951 Project Harry, Per your request, I submit a bid of $7,950.00 to complete a summary appraisal of Parcels Nos. 116Fee /116TCE1 /116TCE2 /116TCE3 based on the requirements and time frames set by Collier County R. Alan Wilcox, MAI, SRA Wilcox Appraisal Services, Inc. 1633 S.E. 41st Street Cape Coral, Florida 33904 -7470 239 - 542 -2311 • Fax 239 - 542 -4995 Email awilcoxmaisra[@comcast.net y 'k f 1 Packet Page -1230- 6/12/2012 Item 16.A.18. HendersonHar From: Alan Wilcox [awilcoxmaisra @comcast.net] ant: Wednesday, May 16, 2012 10:25 AM o: HendersonHarry Subject: RE: Appraisal Bid Proposal, Parcels Nos. 108Fee /108TCE1, 41 -951 Project Harry, Per your request, I submit a bid of $7,950.00 to complete a summary appraisal of Parcels Nos. 108Fee1108TCE1 based on the requirements and time frames set by Collier County. R. Alan Wilcox, MAI, SRA Wilcox Appraisal Services, Inc. 1633 S.E. 41st Street Cape Coral, Florida 33904 -7470 239 - 542 -2311 • Fax 239- 542 -4995 Email awilcoxmaisra(cDcomcast.net 1 Packet Page -1231-