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Agenda 04/26/2011 Item #10B . . . 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 Packet Page -647- . . 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 Packet Page -648- . . . 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. Packet Page -649- . . . 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 Packet Page -650- . . '. 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 . Packet Page -651- . . . 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 Packet Page -652- 4/26/2011 Item 10.8. . 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 . 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 /7 ,,1/"l ."". .. j/'/// _' H /y ." :-&--'/ (:. I . .. ":....d...)7..:..! , . ". . - ~ -. I r . -:?'J -1 /' Y By: A~~ ...?--A-'* ~ -L2-!J Robert C. VirlIev. P.E,. rOject Manager .., _. ..,.... -~ By: Richard S. Tomasello, P.E. President DEPP&TIvffiNT DIRECTOp.:-,. ""-'4, . i.7 - Z~, !/ -! -- 't By: . Packet Page -653- Date: ATTEST: Dv.1ght E. Brock. Clerk BY: Approved As To Form and Legal Sufficiency: Prim Name: :.:s~a::g:()untv Attomev "'D~r"'~ . . (ii) 4/26/2011 Item 10.8. Land Development Services DIV1SION ADlYllNISTRATOR ."-~~ /7 7 ,,/ n"!-; /' // (, ( ,1-- /~.' ,/ /,:J'.r ~ . ,_ B:y~;>h~V/';'r~,?-', ...,-....-il Norman Feder li/, z;:.- CA,~:4 L.&I'J VJttJ,? Gro,^,ih M:magement Division CONIR....\.CT SPECIA.LIST -, .../ .J , / i i'~1-K~ By: v:" . . ,..,......--) '.,1. r-~l., ~.,"_. . . L yn--whqij , ' i f ,....- t,...r.'> f:- i~ BOARD OF COUhT'fY COMl'vITSSJONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Packet Page -654- . .