Agenda 01/27/2009 Item #16C 4
Agenda Item No. 16C4
January 27,2009
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation to approve Change Order #2 to Work Order PG-FT-3792-08-01,
contract #05-3792, with de la Parte & Gilbert, P.A. for Fixed Term Specialized
Legal Services in the amount of $1 00,000.00.
OBJECTIVE: The public purpose is to retain legal services to assist Collier County in
specialized areas of Florida water law, including acquisition of consumptive use pern1its
and regional water supply planning.
CONSIDERATIONS: The County is in need of legal assistance to ensure its interests
are promoted and protected in matters under the jurisdiction of the South Florida Water
Management District. These interests are most critical in the issuance of water
consumptive use permits and in the preparation of the Water/Sewer District's long range
water supply plans.
On September] 3, 2005, under agenda item 16 C 7 the BCC approved contract #05-3792
with de la Parte & Gilbert, P.A. This Work Order is part of this contract and was
originally issued on September 13,2007. This change order #2 will exceed the $200,000
threshold for Board of County Commissioners approval.
FISCAL IMPACT: Sut1icient funds are available in project #7]058 - "Initial Water
Legal Services"; Fund 4 ]2, "Water User Fees".
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure,
requires only a majority vote for approval, and is otherwise legally sufficient for Board
action.-SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District, approve Change Order #2
to Work Order PG-FT-3792-08-01, contract # 05-3792, with de la Parte & Gilbert, P.A.
for Fixed Term Specialized Legal Services in the amount of $100,000.00.
Prepared bv: Phil Gramatges, Interim Director, Public Utilities Engineering.
Page 1 of 1
Agenda Item No. 16C4
January 27,2009
Page 2 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C4
Meeting Date:
Recommendation to approve Change Order #2 to Work Order PG~FT~3972-08~01, Contract
#05-3792, with de 1a Parte & Gilbert, P.A. for Fixed Term Specialized Legal Services in the
amount 01 $100,000.00,
1/27/200990000 AM
Prepared By
Phil E. Gramatges, P .E.
Sr. Project Manager
Public Utilities Planning and Project
Management Department
Date
Public Utilities
12/24/20089:31 :10 AM
Approved B)"
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/24/200810:52 AM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/29120089:45 AM
Approved By
Jennifer A. Belpedio
County Attorney
Assistant County Attorney
Date
County Attorney Office
12/29/2008 11 :43 AM
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
Date
1/6/2009 1 :01 PM
Approved By
James W. Delany
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
119120098:34 AM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
119/20099:43 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
Date
1115/20094:34 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/15120097:53 PM
file:l/C :\AgendaTest\Export\ 122-J anuary%2027, %202009\ 16. %20CON SENT%20AGEND...
1/21/2009
.
.
.
Agenda Item No. 16C4
January 27,2009
Page 3 of 30
Vlvian Arenas-Batties
Michael R. Bray
Oavid M. Caldevilla
Michele M. Cemllo
Edward P. dela Parte, Jr.
Amy C. Duffey
delaParte & Gi1bert, PA.
ATTORNEYS AT LAw
December 18, 2008
Richard A. Gilbert
Christopher j. Lev
Daniel]. McBreen
Pat"ick .1, McNamara
Nicolas O. Porter
Kris:in A. Yerkes
Louis A. de 13 Parte, Jr.
Founder (Retiredj
Via U.S. Mail and Email
Mr. Phil Gramatges, P.E.
Interim Engineering Department Director
Collier County Public Utilities
3301 E. Tarniarni Trail
Building H 3'd Floor
Naples, Florida 34112
Re: de la Patte & Gilbert, FA. - Updated Task Orders
jViscellal1eous Utility p"()iects
Dear Phil,
As you requested, we are submitting the following update to Work Order PG-FT-3972-
08-01. The $100,000 task order previously assigned to the work items identified in my
March 17, 2008 letter has or will soon be exceeded and many of these assignments are still
ongoing. Pursuant to our discussions, it appears the County would like us to continue work-
ing on the following tasks:
1. Freshwater and Brackish Water SO/50 Split
2. Utility Service Concurrency Management System
3. Orange Tree Utility1
4. Special District Protocol
5. Utility Infill Areas
6. Interlocal Agreements
7. FGUA Golden Gate Utility System
8. Future Modifications of Well field/Recharge Protection Areas
9. Water Use Permitting Issues2
10. Water Shortage Issues
II. Big Cypress Developmcnt
12. Utility District Expansion Evaluation.
1 A separate task order has been assigned to the lawsuit instituted hy Orangctrcc in August 2007. TIllS item
relates to general Orangctree utility matters that may arise em an a..~~necdcd basis.
:2 At your suggestion, a st..1'aratc scope and budget has been prepared by for administrative litigation relating to
Picayune Strand Reservation Rule and the Water Use Permit Application 060908-9. This item relates to gen-
eral water use permit matters that may arjsc on an as~nccdcd basis.
JOJ East Kennedy Blvd.) SU!t'2 3.:100
Post Office Box 23S0
Tar:lpa, F<lorlda 33601.2350
T. (813i 229.2775
F. (813) 229-2712
wW'N.dgfirrn.com
Agenda Item No. 16C4
January 27, 2009
Page 4 of 30
,-'
de laPARTE & GILBERT, P. A.
PROFESSIONAL ASSOCIATION
I understand for billing purposes the County will include these 12 assignments in a Miscel-
laneous Utility Project Task Order for an amount not to exceed $100,000. As indicated in
the two footnotes identified above, this amount does not include separate work we are per-
forming for the County in connection with the Orangetree and Water Use Permit Litigation.
The scope of service for the Miscellaneous Utility Project Task Order will consist of pro-
viding legal service and advise and other assistance to the Collier County Public Utilities
Division on the various utility and regulatory matters identified in Items 1-12 above. It is
anticipated that our work will continue until these assignments are completed. At present,
there are no specific deadlines for the completion ofthese assignments. Please note the
scope of service docs not include administrative or judicial litigation. If thcrc is a new Work
Order that requires my signature, please forward it to my paralegal Linda Fay.
We appreciate the opportunity to work with the Collier County Utilities Division all
these interesting and challenging tasks. Please contact me if you have any questions or
comments regarding the matters set forth herein.
Sincerely Yours;
de la Parte & Gilbert, P. A.
~J~5t.-~~
Edward P. de la Parte, Jf.
2
. .. - - '"' '"'..... -
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Page 5 of 30
'j7J f:, CU
PROJECT NAME: Water Leoal Services PROJEcT#:710581
PROJECT MANAGER: Phil Gramatoes
Old PO 4500089685
BIDIRFP #: ~ MOD #: L N_ POI: 4500100181 WORK ORDER #: PG-FT-3792-08-01
DEPARTMENT: Public Utilities Enoineerinc CONTRACTOR/FIRM NAME: De ia Parte & Gilbert P.A.
Ortglnat Ccntract Amount: $ 100.000.00
(Starting Point)
Current BCC Approved Amount: $ 190,000.00
(Last Total Amount Approved by the Bee)
Current Contract Amount: $190.000.00
(Induding All Changes Prior To This Modification)
Change Amount: $100,000.00
Reviled ContractIWor!< Order Amount: $290,000.00
(including This Change Order)
Cumulative Dollar Value of Changes to
this ContracllWor!< Order: $190.000.00
Date of Last BCC Approval _ Agenda Item #
Percentage of the changG-Under current contract amount 190%
Formula: (Revised Amoun~ Bee approved amount)~ 1
CURRENT COMPLETION DATE IS): ORIGINAL: tn accordence wlih schedules recuired bv the Circuli Couri
Describe the change(s):An increase in work order's amount in order to add additional funds to cover the
unanlicipated hiah level of effort reaulred to handle several Miscellaneous Utility Proiects, consultina
and leaal services. advice and other tasks related to Utilities and reaulatorY matters
Specify the reasons for the change(s) r 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments " 4. Correction of Errors (Plans, Specifications or Scope of Work) r. 5. Value Added
r 6. Schedule Adjustments Note: One Dr more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Failure to authorize the
chanae order will impede de la Parte & Gilbert. P ,A. representation in several Miscellaneous Utility Prolects as
listed In the attached proposal.
This change was requested by: n Owner PI Contractor I Consultant n Using Department C CDES
COesign Professional nRegulatory Agency (Specify) r Other (Specify)
CONTRACT SPECIALIST PARTlclPATIO
r
Yes
r;1 No
Dale:
I'Z. 11'1/0'8
la/fLit!
REVtEWED
Date:
Contract Specialist
Revised 11.19.2007
Agenda Item No. 16C4
January 27,2009
Page 6 of 30
TO:
Edward P. de la Parte, Jr
President
De la Parte & Gilbert, PA
101 East Kennedy Blvd, Suite 3400
Tampa, FI 33601
CHANGE ORDER TO WORKORDER # 2
FROM:
Public Utilities Engineering Department
Public Utilities Division
Collier County Government
3301 East Tamiami Trail, Building H
Naples, Florida 34112
Project Name: Water Legal Services
Contract # 05-3792
Work Order Dated: December 7, 2007
Change Order No.: 2
Work Order No.: PG-FT-3792-08-01
Date: December 17, 2008
Change Order Description:This change order is to add additional funds to cover the
unanticipated high level of effort required to hendle several Miscellaneous Utility Projects,
consulting and legal services, advice and other tasks related to Utilities and regulatory matters.
Original work order amount...... ........... ................... ..$100,000.00
Change Order NO. 1.................e. ...................................... ... $ 90,00000
This Change Order No.2 Amount (add r subtract)...... ...... ......... ...... ...... ...........$100,000.00
Revised Work Order Amount....... .............................................................$290,000.00
Origtnal work order time in calendar days................................................. .......365 days
Adjusted number of calendar days due to previous change orders..............................., NiA days
This change order adjusted time is............................................................................... 365 days
Revised Work Order Time In working days ............................................................... 730 days
Original Notice to Proceed date .................................................................. September 17, 2007
Completion date based on originat contract time .................................................................... NfA
Revised completion date due to change order(s).......................................... September 17, 2009
Your acceptance of this change order shall constitute a modification to our Agreement and will
be perfonned subject to all the same terms and conditions as contained In said Agreement
indicated above, as fully as if the s e were repeated in this acceptance. The adjustment, to
this Agreement shall constitute a fu and al settlement of any and all claims arising out of, or
related to, the change s~ forth her In, I ding claims for impact and delay costs.
Prepared by: ~ . Date: Ict/17 /.J(J() 4'
. tant
Approved by:
Date: \ 2J \'9. k:R.
Approved by:
Date:
Jim Delony, Administrator, Public Utilities Division
Reviewed b
~ ~-R~ Date: \<3-~~,0~
Accepted by:
Date:#!
I
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.
.
Agenda Item No. 16C4
January 27, 2009
Page 7 of 30
Richard A. Gilbert
Christopher J. Lewis
Daniel J. McBreen
Patrick]. McNamara
Nicolas Q Porter
K1istin A Yerkes
Louis A de la Parte, Jt
Founder (Retired)
VIvian Arenas.Battles
Michael R. Bray
David M. Caldevi1la
Michete M. Cerullo
Edward P deta Parte, Jr.
Amy C. Duffey
de la Parte & Gilbert, PA
ArroRNEYS AT lAw
December 18, 2008
Via U.S. Mail and Email
Mr. Phil Gramatges, P.E.
Interim Engineering Department Director
Collier County Public Utilities
3301 E. Tamiami Trail
Building H 3'd Floor
Naples, Florida 34112
Re: de la Parte & Gilbert, FA. - Updated Task Orders
Miscellaneous Utility Projects
Dear Phil,
As you requested, we are submitting the following update to Work Order PG-FT-3972-
08-01. The $100,000 task order previously assigned to the work items identified in my
March 17, 2008 letter has or will soon be exceeded and many of these assignments are still
ongoing. Pursuant to our discussions, it appears the County would like us to continue work-
ing on the following tasks:
1. Freshwater and Brackish Water 50/50 Split
2. Utility Service Concurrency Management System
3. Orange Tree Utility1
4. Special District Protocol
5. Utility Infi11 Areas
6. Interlocal Agreements
7. FGUA Golden Gate Utility System
8. Future Modifications of Wellfield/Recharge Protection Areas
9. Water Use Permitting Issues2
10. Water Shortage Issues
11. Big Cypress Development
12. Utility District Expansion Evaluation,
~
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1 A separate task order has been assigned to the lawsuit instituted by Orangetree in Augnst 2007. This item
relates to general Orangetree utility matters that may arise on an as-needed basis.
2 At your suggestion, a separate scope and budget has been prepared by for administrative litigation relating to
Picayune Strand Reservation Rule and the Water Use Permit Application 060908-9. This item relates to gen-
eral water use permit matters that may arise on an as-needed basis.
to I East Kennedy Btvd., Suite 3400
Post Office Box 2350
Tampa, Florida 33601.2350
T. (8t3) 229.2775
F. (8]3) 22927]2
www.dgfirm.com
Agenda Item No. 16C4
January 27,2009
Page 8 of 30
/---
de laPARTE & GILBERT, P. A.
PROFESSIONAL ASSOCIATION
I understand for billing purposes the County will include these 12 assignments in a Miscel-
laneous Utility Project Task Order for an amount not to exceed $100,000. As indicated in
the two footnotes identified above, this amount does not include separate work we are per-
forming for the County in connection with the Orangetree and Water Use Permit Litigation.
The scope of service for the Miscellaneous Utility Project Task Order will consist of pro-
viding legal service and advise and other assistance to the Collier County Public Utilities
Division on the various utility and regulatory matters identified in Items 1-12 above. It is
anticipated that our work will continue until these assignments are completed. At present,
there are no specific deadlines for the completion of these assignments. Please note the
scope of service does not include administrative or judicial litigation. If there is a new Wark
Order that requires my signature, please forward it to my paralegal Linda Foy.
We appreciate the opportunity to work with the Collier County Utilities Division on
these interesting and challenging tasks. Please contact me if you have any questions or
comments regarding the matters set forth herein.
Sincerely Yours;
de la Parte & Gilbert, P. A.
~
~J.,~.f>~
Edward P. de la Parte, Jr.
2
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Agenda Item No. 16C4
January 27, 2009
Page 10 of 30
December 15, 2008
Via U.S. Mail and Email
Mr. Phil Gramatges, P.E.
Interim Engineering Department Director
Collier County Public Utilities
3301 E. Tamiami Trail
Building H 3'd Floor
Naples, Florida 34112
Re: de la Parte & Gilbert, P.A. - Updated Task Orders
Miscellaneous Utility Projects
Dear Phil,
As you requested, we are submitting the following update to Work Order PG-FT-3972-
08-01. The $100,000 task order previously assigned to the work items identified in my
March 17, 2008 letter has or will soon be exceeded and many of these assignments are still
ongoing. Pursuant to our discussions, it appears the County would like us to continue work-
ing on the following tasks:
1. Freshwater and Brackish Water 50/50 Split
2. Utility Service Concurrency Management System
3. Orange Tree Utilityl
4. Special District Protocol
5. Utility Infill Areas
6. Interlocal Agreements
7. Pelican Bay Community Development District
8. FGUA Golden Gate Utility System
9. Future Modifications of Wellfie1d/Recharge Protection Areas
10. Water Use Permitting Issues
11. Water Shortage Issues2
12. Picayune Strand CERP Water Reservation
13. Big Cypress Development
1 A separate task order has been assigned to the lawsuit instituted by Orangetree in August 2007. This item
relates to general Orangetree utility matters that may arise on an as-needed basis.
2 At your suggestion, a separate scope and budget has been prepared by for administrative litigation telating to
Picayune Strand Reservation Rule and the Water Use Permit Application 060908-9. This item relates to gen-
eral water use permit matters that may arise on an as-needed basis.
Agenda Item No. 16C4
January 27, 2009
Page 11 of30
de laPARTE & GILBERT, P. A.
PROFESSIONAL ASSOCIATION
14. Utility District Expansion Evaluation.
I understand for billing purposes the County will include these 14 assignments in a Miscel-
laneous Utility Project Task Order for an amount not to exceed $100,000. As indicated in
the two footnotes identified above, this amount does not include separate work we are per-
forming for the County in connection with the Orangetree and Water Use Permit Litigation.
The scope of service for the Miscellaneous Utility Project Task Order will consist of pro-
viding legal service and advise and other assistance to the Collier County Public Utilities
Division on the various utility and regulatory matters identified in Items 1-14 above. It is
anticipated that our work will continue until these assignments are completed, At present,
there are no specific deadlines for the completion of these assignments. Please note the
scope of service does not include administrative or judicial litigation. If there is a new Work
Order that requires my signature, please forward it to my paralegal Linda Foy.
We appreciate the opportunity to work with the Collier County Utilities Division on
these interesting and challenging tasks. Please contact me if you have any questions or
comments regarding the matters set forth herein.
Sincerely Yours;
de la Parte & Gilbert, P. A.
Edward P. de la Parte, Jr.
2
.
.
"nand~ 'tam NO. 16r.4
I J~~I)' 27, 2009
q 1.2 f19~ 12 of 30
1~'C, 1
_.
EXECUTIVE SUMMARY
Recommend approval of short-listed firm and award of contract to de la Parte & GUbert,
P.A, for RFP #05-3792 - Fixed Term Utility Specialized Legal Services in the estimated
annual amount of 5200,000.
OBJECTIVE: The public pwpose of this award is to retain legal services to assist the County
in specialized areas of Florida water law, including acquisition of consumptive use permits and
regional water supply planning.
CONSIDERA nONS: The County is in need of legal assistance to ensure its interests are
promoted and protected in matters under the jurisdiction of the South Florida Water
Management District. These interests are most critical in the issuance of water consumptive use
pennits, and in the preparation of the District's long range water supply plans. The RFP was
publicly advertised on April 29, 2005, Notices were sent to 7 finns with 5 vendors requesting full
packages. Two responses were received by the due date of May 27, 2005. A Selection
Committee meeting was held on July I, 2005 and after review and discussion, and by consensus
of the Selection Committee, the following two finns were short-listed in order:
-
l.de la Parte & Gilbert, P.A.
2. Carlton Fields
Staff has negotiated and reached agreement with the top ranked finn, de la Parte & Gilbert, P.A.,
and recommends award of Contract 05-3792 to that flTID. The time frame of the contract is for
one year from the date of execution, with three one year renewals. Each individual Work Order
under the Contract shall not exceed $90,000 unless otherwise approved in writing by the Board
of County Commissioners, and the total initial compensation for all Work Orders issued under
this Agreement shall not exceed $500,000 annually, unless otherwise approve in writing by the
Board of County Conunissioners of Collier County.
The hourly rates under this Contract are:
Professional
Hourlv Fee
Edward de la Parte, Jr.
$225.00
Other Shareholders
$]90.00
Associate Attorneys
$150.00
Law Clerks
$100.00
Paralegals
$ 90.00
-
.
.
I~...... "I. 1~r.d
January 27,2009
Page 13 of 30
This fixed term contract for professional services is available for review at the County Manager's
office, Building F, and the Public Utilities offices, Building H. This will be made part of the
record when considered by the Board.
FISCAL IMPACT: A Budget Amendment is required to remove money out of water user funds
(412) reserves. As specific tasks are identified, necessary funds will be made available. The
amount to be used from this fund is $200,000.
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth
Management Plan, it will provide planning and permitting consistency between the County and
the District.
RECOMMENDATION: That the Board of County Commissioners, as ex-officio Governing
Board ofthe Collier County Water/Sewer District; (I) Approve the Contract #05-3792 with the
firm of de Ia Parte & Gilbert, PA, and (2) Authorize the Chairman to execute a standard County
Attorney approved contract.(3) and approve necessary Budget Amendment.
PreDaTed by: Roy B. Anderson, P.E. Director, Public Utilities Engineering Department.
To: 8132292712
10/19/07 04:00 PM
From: SainvilusJames
January 27,2009
Page 14 of 30
Page 2 of 2
/"'".
WORK ORDER # PG.FT.3972.[Jfj..1J1
Agreement for FIXED TERM UTILITY SPECIALIZED LEGAL
Dated: September 13, 2007 (RFPIBid 05-3792)
This Work Order is for professional PIXED TERM UTILITY SPECIALIZED LEGAL services for
work known as:
Project NnnlC: Water Legal Services
Project No: 7lO5H I
The work is specified in the proposal dated Oo,tober 15, 2007 which is attached hereto and made a
part of this \~.rork Order. In accordance with Ternu~ and Conditions of the Agreement referenced
aboyc, V/nrk Order # PCj"-FT<1::172-0B-01 jg assigned 10: Dc La Parte & Gilhert, P.A
Scope ofVvork: See attached price proposal for scope of work for :!VIiscellaneous Utility Project &
Utility District Expansion Evaluation.
Schedule of Work: There are no specific deadlines for the completion of these assignments.
Comnensation: In aCl:ordancc with Ar1icl~ Five or the Agreement, {he County will compensate the
Finn in accordance with lime & Material (established hourly rate(s) - Schedule B) as provided in
the fix tenn contract.
,~
Tasks 1.12
$100,000 Time & Malerial
TOTAL FEE $100,000,00
Any change made subsequent to linal department npproval will hl: c0l1s1dcn.::d un additionaJ service
and charged according to Schedule "A'~ of the original Contract Agreement.
.
PREPARED BY:
ames Sainvilus.. Project Manager Associate
uhlic Utilities Engineering Department
/\UTIlORIZED 13Y:
Vi
Director
!.,Jy, )07
I I Date
ACCEPTED BY:
Public Utilities Engineering Department
~~~ ~-P..-d:r
De La Parte & Gilbel1, P.A.
f1vu
Ie> (1"\/aoo1
Date
REVIEWED BY:
(.'A_~1LA-
I ,;J - '-f .. 01
Date
Dianna Perryman; Contract ecialist
Purchasing Department
January 27, 2009
Page 15 of 30
.
.
.
Vivian Arenas
David M. Caldevilla
Edward P de 121 Parte, Jr.
Charles R. Retcher
Richard A. Gilbert
Christopher J. LRWis
delaParte&Gilbert,PA. _
ArroRNEYS AT L\w ' ,
'01 (lei
October 26, 2007
'"'n
t....:"
" 3: 28
Daniel J. McBreen
Patrick J. McNamara
Nicolas O. Poner
Kristin A. Yerkes
Louis A. de 121 Parte. Jr.
Founder rRelirpd)
Mr. James Sainvilus
Project Manager Associate
Collier County Public Utilities
3301 E. Tamiami Trail
Building H
3 rd Floor
Naples, FL 34112
Re: Collier County Work Order #PG-FT-3972-08-01
Dear James:
Enclosed please find the County's Work Order #PG-FT-3972-08-01 Agreement for Fixed Term
Utility Specialized Legal regarding the scope of work dated October 15.2007. Please have the work order
signed by the rest of the parties and return a fully-signed copy to me.
If YOll have any questions or need further information or material, please do not hesitate to contact
me.
Sincerely,
Enclosure~.
cc: Edward P. de la Parte, Jr., Esq. (w/o encl.)
~w PA. RTE & GILBERT, P.A.
rjf\c1\~\ Lhr
Lind~ K. Foy, Paralegal
\01 East Kennedy Blvd., Suite 3400
Post Office Box 2350
Tampa, Florida 33601.2350
T 18131 2292775
F. [813i 229.2712
www.dgfirm.com
I
January 27, 2009
Page 16 of 30
",_..
,
.
.
.
Vivian Arenas
DavldM.Ca1devllla
EdwBl'd P. de la Pane, Jr.
CJurIes R. Retdler
RIchard A. GlIbett
delaParte & Gilbert, PA
AnDRNEYS AT Wv
Daniel 1 McBreen
Pamck 1 McNamara
NicoIasQPart!r
KristIn A. YeItes
louisA. de la Parte, Jr
-r_
October 15, 2007
Mr. Roy Anderson, P.E.
Engineering Department Director
Collier County Public Utilities
3301 E. Tamiami Trail
Building H, 3'" Floor
Naples, Florida 34112
Re: de Ia Parte & Gilbert, P.A. - Updated Task Orders
Miscellaneous Utility Projects
Dear Roy,
~-
As we discussed last Friday, the time has come to update the task order for the items as-
signed to us by Collier County Public Utilities. The $110,000 task orders previously assigned
to the work items identified in my September 25,2006 have been exceeded and many of
these assignments are still ongoing. In fact, the work on certain items such as Water Use
Permitting Issues has substantially increased in just the past few weeks. Additionally, the
County has assigned new tasks to us not previously contemplated under my 2006 letter.
Pursuant to our discussions, it appears the County would like us to work on the follow-
ing tasks:
I. Executive Lobbying
2. Freshwater and Brackish Water 50150 Split
3. Utility Service Concurrency Management System
4. Orange Tree Utility'
5. Special District Protocol
6. Utility Infill Areas
7. Interlocal Agreements
8. Pelican Bay Community Development District
9. FGUA Golden Gates Utility System
10. Future Modifications of Wellfie1d/Recharge Protection Areas
1 L Water Use Pennitting Issues
12. Utility District Expansion Evaluation
I A separate task: order has been assigned to the lawsuit instituted by Orange Tree in August 2007. This item
relates to general Orange Tree Utility matters such as the recent issue that arose concerning relocation of Or-
ange Treels transmission lines in connection with a County road project.
-
10] East Kennedy Blvd, Suite 3400 I
Post Office Box 2350
Tampa, F10rtda 33601.2350
T.1813) 229.2775
E(813) 229-2712
www.dgfinn.com
January 27, 2009
Page 17 of 30
de IaPARTE& Gll.BERT, P. A.
PROFESSIONAL ASSOCIATION
I understand for billing purposes the County will include these 12 assignments in a Miscel-
laneous Utility Project Task Order for an amount not to exceed $100,000.
The scope of service for the Miscellaneous Utility Project Task Order will consist of
providing legal advice and other assistance to Collier County Public Utilities Division on the
various utility and regulatory matters identified in Items 1-12 above. It is anticipated that our
work will continue until these assignments are completed. At present there are no specific
deadlines for the completion of these assignments. Please note the scope of services does
not include administrative or judicial litigation.
Given the current level of work assigned to us by Collier County regarding these matters,
we anticipate that this new task order amount will not last through the end of the fiscal year
as was the case with the 2006 task order. Additionally, some of the items such as No. 11
Water Use Permitting Areas and No. 12 Utility District Expansion will require a heightened
level of service given recent new developments. In fact, the County's comminnent to obtain.
ing issuance by the South Florida Water Management District of pending water use permit
applications may even require administrative litigation. Therefore, at your request, we will
submit a budget covering our anticipated services through end of the 2007-2008 Fiscal Year
in the next few weeks.
We appreciate the opportunity to work with the Collier County Utilities Division on
these interesting and challenging tasks. Please contact me if you have any questions or
comments regarding the matters set forth herein.
Sincerely Yours;
de la Parte & Gilbert, P. A.
~,l ~~
Edward P. de la Parte, Jr.
2
I
10 I Z70<63Page 18 of 30
TO: d. Ie Parte & Gilbert, P.A.
101 East Kennedy Blvd, suite 3400
Tampa, Florida 3360J
CHANGE ORDER TO WORKORDER
FROM: Collier County
PUBLIC UTILITIES ENOlNEERlNO
3301 E. Tamiami Trail3rd fl BI. H
Naples, Florida 34112
Water Legal Service 710581
September 13, 2007 PG-FT-3972-08-01
Change Order # ) May 09,2008
Cbange Order Description: An increase in the Work Order amount to provide funds to cover the unanticipated high level of
effort required to handle several Miscellaneous Utility projects. consulting and legal services. advice and other tasks related to Utilities
and regulatory maners
Original agreement amount .............................................................. $ 100,000.00
Sum of Previous Changes... ,........ ... ,... ..... ..........., ..,... ... ..,...$ 0
This Change Order No. I Amount (add or subtract) ....................... $ 90,000.00
Revised Agreemellt AlIWUllt............................................................. $ 190,000.00
Original contract time in calendar days ... ............... ........ ..................... .......N/A days
Adjusted number of calendar days due to previous change orders .., .......... ...... .N/A days
This change order adjusted time is.................. ,..... .................... ...... ........ ..,N/A days
RevisedConrract Time in workingdays......................................................N/A days
Original Notice to Proceed date ............................................ September 17, 2007
Completion date based on original contract time ....................... N/A
Revised completion date due to change order(s)........................ N/A
Your acceptance of this change order shall constitute a modification to our Agreement and will be performed
subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the
same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final
settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for
impact and delay costs. J
Prepared by: ~ kL Date: 0 r /q Je ?
Paulo Martins, Adm, Assistant
Public Utility Engineering
Accepted by: ~ d.e ~ .p~
Edward de la Parte
De L arte it.f. il
Approved by: ?
Phil amatges,.E nterim Director
Publi Utility E g' eri epartment
~
Date:
~/<:.r/(}~
Approved by:
Date:
5/Q,,/O~
lie Utilities Administrator
r
Date?} i111XJ ~;/
Approve
Date: 5/9 /0 p
I
Revised 2-22-08
Page 19 of 30
PROJECT NAME:
05-3792
WATER LEGAL SERVICES
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
710581
PROJECT #:
PHIL GRAMATGES
PROJECT MANAGER:
BIDIRFP .:
DEPARTMENT: PUED
MOD':
PC>#: 4500089685
WORK ORDER #:
PG-FT-3972-08-01
CONTRACTOR/FIRM NAME: DE LA PARTE & GILBERT
Original Contract Amount:
$
100,000.00
(Starting Point)
Current Bee Approved Amount: $
Current Contract Amount:
$
(Last Totat Amount Approved by !he Bee)
100,000.00
(Including All Changes Prior To This Modification)
90,000.00
Change Amount:
$
Revised ContractIWork Order Amount:
$
(Inctuding This Change Order)
190,00000
Cumulative Dollar Value of Changes to 90,000.00
this ContractlWork Order: $
Date of Leat Bee Approval
Agende Item #
Percentage of the chonge over/under current contrect amount
Formula: (Revised Amount / Last Bee epproved amount)-1
90% %
There are no specific deadlines for the completion of
these assignments
CURRENT:
CURRENT COMPLETION OATE (S): ORIGINAL:
Describe the change(s): An increase in the Work Order amount to provide funds to cover the unanticipated high level of effort
required to handle several Miscellaneous Utility projects, consulting and legal services, advice and
other tasks related to Utilities and regulatory manors
Specify the reaeons for the change!s) n 1. Planned or Elective C 2. Unfores'!!Jl Conditions C 3. Quantity
Adjustments C 4, Correction of Errors (Plans, Specifications or Scope of Work) (y; 5. Value Added
C 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project If this change order were not processed:
Failla authorize the change order will impede De La Pane & Gilbert, P.A. representation in several
Miscellaneous Utility projects as listed in the attached proposal
This change was requested by: II71'Contractor/Consultant r; Owner r; Using Department C. CDES
COesign Professionel rJRegulatory Agency (Specify) r Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTiATIONS:
This form Is to be signed and 1:/.,
PREPARED BY: ~
PAUWMARIINS
Ad si t
r
Yes
W' No
REVIEWED BY:
Date:
s/q 10 J'
APPROVED BY:
Date:
€;;.ff.fo9
Date:
dq/oe
Dianna perryman- Con
Revised 2-22-08
I
.
.
.
Vivian Arenas
fl.vidM.Caldevilla
Edward P dela Pane, Jr.
Richard A. Gllben
ChrIstopher J. Lewts
delaParte & Gilbert, PA
ATJ'oRNE'r.; fJ J...tiw
DanJell McBreen
Patrick). McNamara
Nicolas Q. Porter
Kmtln A. Yerkes
Louls A. de]a Parte. Jr.
Founder (Retiled!
March 17, 2008
Mr, Roy Anderson, P.E.
Engineering Department Director
Collier County Public Utilities
3301 E. Tamiami Trail
Building H, 3"' Floor
Naples, Florida 34112
Re: de la Parte & Gilbert, P.A. - Updated Task Orders
Miscellaneous Utility Projects
Dear Roy,
As we discussed in late February and again this past week, the time has come to update
the task order for the items assigned to us by the Collier County Public Utilities. The
$100,000 task order previously assigned to the work items identified in my October 15, 2007
letter has or will soon be exceeded and many of these assignments are still ongoing. As you
recall, I had indicated in my letter that this task order amount would not last through the
end of the fiscal year given the high level of effort with respect to several of these tasks, such
as water use permitting. Additionally, due to recent changes to the Capital Improvement
Budget, the County has asked us to re-prioritize action on certain matters. Finally, the
County has assigned new tasks not identified in the previous letter.
Pursuant to our discussions, it appears the County would like us to work on the follow-
ing tasks:
I. Freshwater and Brackish Water 50/50 Split
2. Utility Service Con=ency Management System
3. Orange Tree Utility'
4. Special District Protocol
5. Utility Infill Areas
1 A separate task order has been assigned to the lawsuit instituted by Orangetree in August 2007. This item
relates to general Orangetree utility matters that may arise on an as.needed basis.
]01 East Kennedy Blvd., Sulte 3400 I T. IBI3) 229.2775
Post Office Box 2350 E {BI3} 229.2712
Tampa, Flonda 33601.2350 www.dgllrm.com
Page 21 of 30
de la PARTE & GILBERT, P. A.
PROFESSIONAL ASSOCIATION
6. Interlocal Agreements
7. Pelican Bay Community Development Districr
8. FGUA Golden Gate Utility System
9. Future Modifications ofWellfield/Recharge Protection Areas
10. Water Use Permitting Issues
11. Water Shortage Issues
12. Picayune Strand CERP Water Reservation
13. Big Cypress Development
14. Utility District Expansion Evaluation.
I understand for billing purposes the County will include these 14 assignments in a Miscel-
laneous Utility Project Task Order for an amount not to exceed $100,000. As indicated in
the two footnotes identified above, this amount does not include separate work we are per-
forming for the County in connection with the Orangetree and Pelican Bay litigation.
The scope of service for the Miscellaneous Utility Project Task Order will consist of pro-
viding legal service and advise and other assistance to the Collier County Public Utilities
Division on the various utility and regulatory matters identified in Items 1-14 above. It is
anticipated that our work will continue until these assignments are completed. At present,
there are no specific deadlines for the completion of these assignments. Please note the
scope of service does not include administrative or judicial litigation. If there is a new Work
Order that requires my signature, please forward it to my paralegal Linda Foy.
We appreciate the opportunity to work with the Collier County Utilities Division on
these interesting and challenging tasks. Please contact me if you have any questions or
comments regarding the matters set forth herein.
Sincerely Yours;
de la Parte & Gilbert, P. A.
~h~~
Edward P. de la Parte, Jr.
2 At your suggestion, a separate scope and budget has been prepared by for the administrative proceeding insti~
nJted by the Pelican Bay Foundation, loe, against the County's SFWMD Application No. 050225.37 and
Permit 1 J~OO52.W for the Pelican Bay/Mule Pen Supplemental Reclaimed Water System and anticipated
chaUenge by the Pelican Bay Founda,ion, Inc. to the County's DEP Permit FL0141399-013 DWIP for the
Collier County North Water Reclamation Facility. This item relates to general Pelican Bay utility mattes that
may arise on an as-needed basis.
2
BUDGET AMENDMENT REQUEST
For BudptlFinll1QC Use Only
BAlI...............................
IEJI...................
SARN..............................
A.P.H. o.h............"., ......,
J:J; 22 of 30
~~~ I
~.~ I
~
. " ,f,' ..
412
Fund Nwnber
W Blcr Capital Projects
Fund Description
Date Prepared:
Approved by BCC on:
Attach Executive Summary
Item No.:
Expense Budget DetaD
Fund Center Title: Water Combined Capital Projects
WBS Element Title: NCRWTP RO Process
ide Ihc Fund Center or was clcmcnllnfonnltion' it is not to ide both.
Fund WBS Commit Commitment Item
Center Element Item Descri tion
273512 710571 763100 Improvements
FdCtrNo.: 273~
WBS N~0571)
Current Revised
Bud et Bud et
1,350,000.00 1,050,000,00
Net Change to Budget (300,000.00)
Expense Budget Detail
Fund Center Title: Water Combined Capital Projects
WBS Element Title: Initial Water Legal Services
ide the Fund Center or was cJlllment iIlfarnw:lon' it is not lTed to rovide bolb.
Fund WBS Commit Commitment Item Increase
Center Element Item Descri tion Decrease
273512 710581 631100 Legal Fees 300,000.00
Fd CtrNo,: 273512 .~
WBS N(""71058J,:
Current Revised
Bud et Bud et
o 300,000.00
Net Change to Budget 300,000.00
Expense Budget Detail
Fd Ctr No.:
WBS No.:
Fund Center Title:
WBS Element Title:
. de the Fund Center or was dement .
Fund WBS Commit
Center Element Item
'jtiJoot . b;I royj~botb.
Commitment Item Increase
Des.ri tlon
Current
Bud et
Revised
Bud et
Net Change to Budget
I
WORK ORDER. PG-FT -3972-08-02
('onlIllC1.05-:\792
Utility Spedali"'" l.egal S<:rviccs
Daled: SeplC'1l1ber 13. 2005
This Work Order is for profe><Sional "''' ICCS lilT work known as:
Projen N_e: PeIiam Bay AdmillialT1ltiYe LiliplW.
Agenda Item No. 16C4
January 27, 2009
Page 23 of 30
The purpose of the work order is 10 provide prot'es:.ionaJ services ",llllod 10 preparing pre-hearings
mOlio"" and respon....1O pre-hcIIring motioll5 related to administnllive hearings ..-rved by the Pelican
e.y FOUDdation. Inc. The wm is """,ilied In the 1""1"""" dated Man:h 11, 200k whieh is llllllChed
hereto and made a part of this Work Order In accordance ",ith Tmns and Conditions of the
^~m rerc""",e<l above. Wor!< Oruer . 1'( i-F I- 1'l72.0H-()2 " ,,-'''gned to de I, Parte & Gilbert,
1''''-
SeoDe of Work: As detailed in the atta<.ilcd proposal and the h'ltowmg
Task I - l.egal Services S 150,000.00
Task n - ReimbW'Sl<ble E,<pcn...s S45.0(j(l (~)
Schedule of Work: The scope of work defined h=in will commence upon nolice 10 proceed.
and are estimated to be compleled wilhin six months (180 Calendar days)
ComDenSation: The County WIll comrenlillle de I. Parte & (jilOen, P.^ an amount not l(l
exceed $195.000.00 based on Time & Motenal as proVIded In the <Iuached 1'1'01"",.1 de la Parte &
(filhert. PA will pertlmn tasks undcr .Ilw>-"""l'k ordcr as rt'<lUCsled tw the County's Opernlions and
Finan"" Oi=tor. lorn Wides. .
PREPARED BY:
Javier :raIions SUflC1'\'isor
) -~
APPROVED BY ___~~: ()::2>
Thoma.. G. Wid<os, Ope",t",ns I'~I'"
- \ t 'f;:~
APPROVf.D BY ~~~~ '(,~; I.f.- /(- -"'-J
/' n~', Administrator
(,_~~' i1i"6 Ill''''':";)
REVn'WElJ BY _~_1{A Lt/:':"X1Md
Dianna Perryman, Contmcl SqS*ialilil
ACCEPTED BY
_~ _ch ~f~
Edward de la Purte. t'rc<idenl
Dc I. P~ & Gilbert. I'A
-1JiWD12_
Date
f'ivr
5{' ,.--.,
..) {f.[(('j_C:S
Dat(,'
. llzlpj7
Dalt:
_~tf/~-
Date
Age"da lien, 1<0. 40C4
January 27.2009
Page 24 of 30
WORK ORDER # PG-FT -3972.08-02
Contract # 05-3792
Utility Specialized Legal Services
Dated: September 13, 2005
111is Work Order is for professional services for work known as:
Project Name: Pelican Bay AdmiDistrauve Litigaooll
The purpose of the work order is to provide professional services related to preparing pre-bearings
motions and responses to pre-hearing motions related to administrative hearings served by the Pelican
Bay Foundation, Inc. The work is specified in the proposal dated March 17. 2008 which is attached
hereto and made a part of this Work Order. In accordance with Terms and Conditions of the
Agreement referen~-ed above, Work Order # PG-FT-3972-08-02 is assigned to de la Parte & Gilbert.
PA
Scope of Work: As detailed in the attached proposal and the following:
Task 1- Legal Services $150,000.00
Task II - Reimbursable Expenses $45.000.00
Schedule of Work: The scope of work defined herein will commence upon notice to proceed,
and are estimated to be completed within six months (180 Calendar days).
Compensation: The County will compensate de la Parte & Gilbert, P.A. Wl amount not to
exceed $195,000.00 based on Time & Material as provided in the attached proposal. de la Parte &
Gilbert, P.A. will perform tasks W1der~ order as requested by the County's Operations and
Finance Director, Tom Wides. "./. )
/"
APPROVED BY,
?C~
Thomas G. Wides. Operations ~r~tor
APPROVED BY: ...c<:n c:J ;:&~9-
. ,. ny, Admini&1ralOr
~ 'lities Division
tions Supervisor
~Db
Date
PREPARED BY,
Javier
.5/-; I~
, r:5ate
L~,bR
Datel
REVIEWED BY,
Dianna Perryman. Contract Specialist
Date
ACCEPTED BY:
Edward de la Parte, President
De la Parte & Gilbert, P .A.
Date
_.........____~...-. ~ .------..- -_._._~----..". -_...~._-_....._--_.- ------.--- ..."--._---.._~- .----.--...-....Ayt::'11Jd ltt::'rll r\JU:-tOezt..__._._---
J~[!~arv 27.200_9
Page 25 of 30
.
.
.
Vi"\-1an Arenas
Davk1 M, Caklev!na
Edward P deja. Pane, Jr.
Rid'.ard A. Gllben
C..hristopt'.er .1. Lewis
delaParte & Gilbert, PA.
Arl'oo-lm !if lAw
Daniell M<8reen
PaOick l McNamara
Nlcow a. pQl1er
Krls1In A. Yeltes
LiJUlS A de~ Pane.. It
Fourtdr- .1:Tirredl
March 17, 2008
Mr. Thomas Wides
Operations Director
Collier Counry Public Utilities
3301 E. Tamiami Trail
Building H, 3'" Floor
Naples, Florida 34112
Re: de la Parte & Gilbert, P.A. - New Task Order
Pehcan Bay Administrative Litigation
Dear Tom,
! I
On February 23 1 submined a proposal and budgello you, Roy Anderson and George
Yilmez for legal fees and costs so that a separate task order can be prepared for thIS maner
On March 13, Roy advised me that our proposal was acceptable.
The scope of service for the Pelican Bay Litigation will include preparing pleadings reo
sponsive 10 the petitions for administrative hearing served by the Pelican Bay Foundation,
Inc.; preparing pre-hearing motions and responses to pre.hearing motions; preparing for and
participating in pre-hearing discovery: preparing for hearing, including meeting with County
staff and consultants; reviewmg documenL< and preparing exhibits for hearing; preparing for
and anending the administrative hearings to be held in Naples, Flonda; preparing post-
hearing pleadings, including proposed recommended orders, responses to proposed recom.
mended orders and exceptions 10 proposed recommended orders; and, appearing before the
District Go\'eming Board and the DEP Secretary to advocate entry of favorable final orders.
This scope of work does not include any appeal by the County of an adverse final order or
the Counry's response to an appeal of a final order by Pelican Bay Foundation, Inc.
v-.re estimate our total fees for these services will not exceed $150,000 and we estLmate
our reimbursable costs will not exceed $50,000. All other terms and conditions of our legal
representation would be consistent with our Agreement with the County.
101 EilSI ~t.'lliledy Blvd., Suitt? 3400
POSl OffiCE' Box. 2350
Tamp~, Ronda 33601235D
1'. !8nl 22(,/.277:.)
E i8J3i ZZY.27i2
VlW'^'.jltfi:m:.tom
-..---"'-
~~~.__<_._..___<..<.~_.____.____.-__.___.__. --'-'JI;genda Item No< 16C4
January 27, 2009
Page 26 of 30
Mr. Thomas Wides
March 17, 2008
Page 2
We appreciate the opportunity to work with the Collier County Utilities Division on
these inreresting and challenging tasks. Please contact me if you have any questions or
comments regarding the matters set forth herein.
Sincerely yours.
de la Parte & Gilbert, P< k
~ ~ J4.--PJ1
Edward P< de la Parte, Jr.
cc: Roy Anderson
George Yilmez
----f\:gemtaitem.f<tcr1tle'l---
January 27, 2009
Page 27 of 30
February 23, 2008
Mr. Thomas Wides
Operations Director
Collier County Public Utilities
330 I E. Tamiami Trail
Building H, 3" Floor
Naples, Florida 34112
Re: de]a Parte & Gilben, P.A. -..New Task Order
Pelican Bay AdmJnistrat1ve-Litllla.~n
Dear Tom.
On February 8. 2008. tbe-'Pe1ican Bay FOlmdation, Inc. filed a petition for adminimauvc
hearing with the South .f'loridaV(~ter Management District ("DistrIct") challenging issu-
ance of Application Nd;"050225-37 and Permit 11-0052-W for the Pelican Bav/Mule Pen
Supplemental Reclail\i'1I(t':!?{arq:)?YS1Cln,We'leamed on Fridav, Fenruary 22 ~he Distncr
plans to refer this petilioriiPftlie Divisioribf Administrative Hearing fill' the appollHment of
an admillistrj\9'~7Wi)i~)udgeiQjl:qIlduct a formal evidemiarv heanng. We undemand (he
Pelican BilyCPiluriaauii,Kk Inc. alS~Jp1'ms on filing a petitioll tor admimst1'atlve hearlng chal-
lenginK.\he renewal oj'~eparnnem of Environmental Protection ("DEP") PeI111lt
FLOk4p99-013 DW Ipforlhe Collier County Nonh Water Rec!,lmation FaCIlity. when
that;i5~.~jn,ij is issued in t~e next few weeks. The DEP attorney assigned to rhis maller has
told us th&~g~ncy willp10st probably reter this petition to the division of administtatJve
hearing for't"~purp~e of conducting a f(lImal eYidenriary hearing. Thus, it appears likely
that within the'on,efit'several mOlllhs [he County wiJlneed to defend two formal administra-
tive hearings brolight by the Pelican Bay Foundation. Inc. challenging vital permits required
for operation ofrhe warer-st'\\'cr utility system.
I understand the COUIllY would tike LIS to represenr Its interests In these tWO administra-
tive proceedmgs. When I discussed th,S marter with Roy Anderson on Thursday, February
20. he requested that I submit a proposal and budget to YOll for legal fees am! costs so that a
separate task order can be prepared !()r these cases. Please accept this letter as our proposal.
--------------.----Agenda It"", r~u. ItlC4-
January 27, 2009
Page 28 of 30
de la PARTE & GILBERT, P. A..
PROFESSIONAL ASSOCIATION
The scope of service for the Pelican Bay Litigation will include preparing pleadings re-
sponsive to the petitions for administrative hearing served by the Pelican Bay Foundation,
Inc.; preparing pre-hearing motions and responses to pre-hearing motions; preparing for and
participating in pre-hearing discovery; preparing for hearing, including meeting with County
staff and consultallts; reviewiIlg documents and preparing exhibits for hearing; preparing for
and anending the administrative hearings to be held in Naples, Florida: preparing post-
hearing pleadings, induding proposed recommended orders. responses t~"Vcf)?posed recom.
mended orders and excepnons to proposed recommended orders; and, <!.ppl"a~lng before the
District Governing Board and the DEP Secretary to advocate entry 5l~~vorable final orders.
This scope of work does mlt include any appeal by the Counry of,i!f:n}Vf;rse final order or
the Counry's response to an appeal of a final order by Pelican B!l.tFourtl!J:~~9n, Inc.
"':h "'''"~~-,
r"~',_ "'::',Ll::i:
We estimate our total fees for these services will not e~tdl$I50,000 and~i1;13lltlmate
,'!iii' .",..,-,."''"
our reimbursable costs will not exceed $50,000. All oth.eFterms. and conditions j!)f our legal
:.r~" . :,t_". :,:':'
representation would be consistent with our Agreen,d:with ~$;'~,?unty.
" "':~, _.~~1j
We appreciate the opportuniry to work with the Colh
these interesting and challenging tasks, Please contact me
menrs regarding the matters set forth her~.
cc:
Roy An~~@
Ge"...:li."Cyum'e" .
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Agenda Item No. 16C4
January 27, 2009
Page 30 of 30
December 15, 2008
Via u.s. Mail and EmaiI
Mr. Phil Gramatges, P.E.
Interim Engineering Department Director
Collier County Public Utilities
3301 E. Tamiami Trail
Building H 3'd Floor
Naples, Florida 34112
Dear Phil,
Re: de la Parte & Gilbert, PA. - Updated Task Orders
Miscellaneous Utility Projects
<;.'6
1,0 'b"--
..1-':\'"
h --\~ I
As you requested, we are submitting the following update to Work Order PG-FT-3972-
08-01. The $100,000 task order previously assigned to the work items identified in my
March 17, 2008 letter has or will soon be exceeded and many of these assignments are still
ongoing. Pursuant to our discussions, it appears the County would like us to continue work-
ing on the following tasks:
1.
2.
X-
4.
5.
6.
,;::K
8.
9.
10.
11.
12.
13.
Freshwater and Brackish Water 50/50 Split
Utility Service Concurrency Management System
Orange Tree Utility 1,
Special District Protocol
Utility Infi11 Areas
Interlocal Agreements
Pelican Bay Community Development District
FGUA Golden Gate Utility System
Future Modifications ofWellfie1d/Recharge Protection Areas
Water Use Permitting Issues
Water Shortage Issues2
Picayune Strand CERP Water Reservation
Big Cypress Development
1 A separate task order has been assigned to the lawsuit instituted by Orangetree in August 2007. This item
relates to general Orangetree utility matters that may arise on an as-needed basis.
2 At your suggestion, a separate scope and budget has been prepared by for administrative litigation relating to
Picayune Strand Reservation Rule and the Water Use Permit Application 060908-9. This item relates to gen-
eral water use permit matters that may arise on an as-needed basis,