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BCC Agenda 02/27/2024 Item #16B 6 (Authorize expenditures for the single-source purchase to obtain Wetland Mitidation and Panther Habitat Units credits from Pather Island Mitigation Bank Expansion)02/27/2024 EXECUTIVE SUMMARY Recommendation to authorize expenditures for the single-source purchase, in an amount not to exceed $228,000, to obtain Wetland Mitigation and Panther Habitat Units credits from Panther Island Mitigation Bank Expansion, necessary for permitting requirements for the construction of the 16th Street NE Bridge project (60212). OBJECTIVE: To effectively complete permitting requirements for the 16th Street NE Bridge Project (“the Project”). CONSIDERATIONS: The Project extends approximately 3.3 miles along 16th Street NE from Golden Gate Boulevard to Randall Boulevard. The widening will provide eleven-foot travel lanes with six-foot shoulders (four- foot paved and two-foot unpaved) along the entire length of the Project. A six-foot sidewalk will be constructed to the west of the roadway. The typical section of the proposed bridge consists of two 12 -foot travel lanes, with a six- foot shoulder and a six-foot sidewalk on the west side and a 12-foot shoulder on the east side of the bridge. In addition, the Project will add a new traffic signal at the intersection of 16th Street NE and Randall Boulevard. For this project, 1.20 freshwater (wetland) mitigation bank credits are required to complete the permitting requirements of the South Florida Water Management District (SFWMD) permit (Application Number 230510- 38578). In addition, 217.78 Panther Habitat units (PHUs) are needed for the Florida Department of Environmental Protection (FDEP) Section 404 permit (Application Number 0435182-001). A District-approved mitigation bank must be used to purchase these credits. The requirement is part of the Clean Water Act, for State Permitting - Part IV chapter 373, Florida Statues (F.S.), and for Federal Permitting- 33 United States Code (U.S.C.) 1344 apply. Available mitigation banks are determined by a permitted service area for each bank. The service area must cover the project area impacts. For this project the Panther Island Mitigation Bank Expansion (PIMBE) provides the only cost-effective credits for this project. PIMBE provides wetland mitigation credits and includes 34.8 PHUs per wetland credit at no additional cost. The purchase of 1.20 wetland credits will include 41.76 PHUs, satisfying all the wetland requirements and some of the PHU requirements. The one-time fee for 1.20 wetland credits is $228,000. The remaining required 176.02 PHU’s will be purchased from Conservation Collier. Pursuant to Section Eleven, Procurement Methods, sub-paragraph 10 of the Collier County Procurement Ordinance 2017-08, as amended, staff requests that the Board of County Commissioners find that it is in the best interest of the County to purchase wetland mitigation credits from PIMBE as a single-source vendor from February 27, 2024, through October 1, 2024. Procurement advertised an Intent to Single-Source and no vendors responded with an interest to provide the services. The infrastructure sales tax was approved by the voters in 2018. Exhibit A in Ordinance 2018-21 lists all applicable projects that can be funded from this sales tax. The 16th ST NE Project improvements in eastern Collier County are specifically included in Exhibit A under the Transportation Projects category. On December 2, 2020, agenda item 8A., the Infrastructure Sales Tax Committee validated this project in the amount of $4.1 million. Approval of this item will not have an impact on operational and maintenance costs; however, the completed project can be expected to have the following operational and maintenance impacts: minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service for the roadway features and will be absorbed into the regular maintenance schedule thereafter. This item is consistent with the Collier County strategic plan objective to design and mai ntain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: Funding in the amount of $228,000 is available within Project 60212 for mitigation credits. 16.B.6 Packet Pg. 273 02/27/2024 The source of funding is the Infrastructure Sales Tax Fund (3018). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. RECOMMENDATION: To authorize expenditures through a waiver from the competitive process to obtain Wetland Mitigation and Panther Habitat Units credits from Panther Island Mitigation Bank Expansion in an amount not to exceed $228,000 for Fiscal Year 2024, for permitting requirements for the construction of the 16th Street NE Bridge project (60212). Prepared By: Dennis F. McCoy, PE, Project Manager III, Transportation Engineering Division ATTACHMENT(S) 1. 24-063-WV Panther Island1 (PDF) 2. PIMB LOR_FDEP Section 404 App 0435182-001 (002) (PDF) 16.B.6 Packet Pg. 274 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.6 Doc ID: 27757 Item Summary: Recommendation to authorize expenditures for the single-source purchase, in an amount not to exceed $228,000, to obtain Wetland Mitigation and Panther Habitat Units credits from Panther Island Mitigation Bank Expansion, necessary for permitting requirements for the construction of the 16th Street NE Bridge project (60212). Meeting Date: 02/27/2024 Prepared by: Title: Project Manager – Transportation Engineering Name: Dennis McCoy 01/18/2024 9:44 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 01/18/2024 9:44 AM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 01/18/2024 11:05 AM Unknown Lisa Taylor Additional Reviewer Completed 01/19/2024 7:07 AM Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Completed 01/19/2024 11:21 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 01/19/2024 1:36 PM Road Maintenance Ellen Sheffey Additional Reviewer Completed 01/22/2024 4:30 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/23/2024 7:49 AM Transportation Engineering Marlene Messam Additional Reviewer Completed 01/24/2024 7:16 AM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 01/25/2024 10:58 AM Transportation Management Services Department Trinity Scott Transportation Completed 01/25/2024 2:01 PM Procurement Services Sandra Srnka Procurement Director Review Completed 01/25/2024 5:00 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/26/2024 8:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/26/2024 10:53 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 01/26/2024 2:42 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/16/2024 3:49 PM Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM 16.B.6 Packet Pg. 275 WAIVER REQUEST FORM : The Procurement Ordinance, 17-, C C prior capa SECTION ONE SECTION TWO Spend: Is SECTION THREE SECTION FOUR One Time Purchase SECTION FIVE 4 Dennis McCoy TMSD Bank Credits Mitigation Panther Island Mitigation Bank 1/1/2024-10/1/2024 $ 228,000 For this project (16th Street NE Bridge, 60212.1), 1.20 freshwater mitigation bank credits are required to complete the permitting requirements of the SFWMD permit (Application Number 230510-38578) and 217.78 Panther Habitat units (PHUs) are needed for the FDEP Section 404 permit (Application Number 0435182-001). A District approved mitigation bank must be used to purchase these credits The requirement is part of the Clean Water Act. For State Permitting- Part IV chapter 373,Florida Statues (F.S.), and For Federal Permitting- 33 United States Code (U.S.C.) 1344 apply. Completion of this new bridge and roadway project will provide improved emergency and public access by connecting Randall Blvd and Vanderbilt Beach Road (under construction) to Golden Gate Boulevard via 16th Street. The project also improves traffic operations and safety at the intersection of Randall Blvd. and 16th Street with a new traffic signal and improved intersection. 16.B.6.a Packet Pg. 276 Attachment: 24-063-WV Panther Island1 (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge) 2 4 SECTION SIX SECTION SEVEN a - The County is required to purchase mitigation credits (wetland credits and Panther Habitat Units [PHUs]) for this project to mitigate impacts to wetlands and Florida panther habitat as required by the South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) (Application Number: 230510-38578) and Florida Department of Environmental Protection (FDEP) State Section 404 Permit (Application Number: 0435182-001 SFI). Available mitigation banks are determined by a permitted Service Area for each bank. The service area must cover the project area impacts. For this project there are 3 mitigation banks that are available for Wetland credits: Panther Island Mitigation Bank Expansion (PIMBE), Corkscrew Regional Mitigation Bank (CRMB), and Big Cypress Mitigation Bank (BCMB). The project requires 1.20 wetland credits for impacts to wetlands and 217. 78 PHUs for impacts to Fl panther habitat. PIMBE provides wetland mitigation credits and includes 34.8 PHUs per wetland credit at no additional cost. The purchase of 1.20 wetland credits will include 41.76 PHUs, satisfying all the wetland requirements and some of the PHU requirement. The cost of 1.20 wetland credits from PIMBE is $228,000.00. CRMB also provides wetland mitigation credits and includes 14.2 PHUs per wetland credit at no additional cost. The purchase of 1.20 wetland credits would include 17.04 PHUs, BCMB does not currently have federal credits remaining and would not be able to provide the required mitigation for this project. 16.B.6.a Packet Pg. 277 Attachment: 24-063-WV Panther Island1 (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge) 4 , e Our Design Consultant ,KCA, recommended the Panther Island Bank because the County previously had a continuing service contract with Panther Island and it was the best financial option (considering the PHU credit benefit.) The banks available are predetermined by the District and the costs are listed. There would be no benefit to the County from a competitive solicitation. The project requires 1.20 wetland credits for impacts to wetlands and 217.78 PHUs for impacts to Florida panther habitat. PIMBE provides wetland mitigation credits and includes 34.8 PHUs per wetland credit at no additional cost. The purchase of 1.20 wetland credits will include 41.76 PHUs, satisfying the wetland requirements. The cost of 1.20 wetland credits from PIMBE is $228,000.00. CRMB also provides wetland mitigation credits and includes 14.2 PHUs per wetland credit at no additional cost. The purchase of 1.20 wetland credits would include 17.04 PHUs, BCMB does not currently have federal credits remaining and would not be able to provide the required mitigation for this project. 16.B.6.a Packet Pg. 278 Attachment: 24-063-WV Panther Island1 (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge) 4 4 the c SECTION EIGHT : As described above, there are only three vendors (mitigation banks) available for purchase of credits. The vendor offerings were recently evaluated with the assistance of our Project's Design Firm, Kissinger Campo and Associates Inc. The purchase of mitigation credits is a one time event required for permitting purposes. There is no future market evaluation necessary. Dennis McCoy Jay Ahmad Kristofer Lopez Sandra Srnka 12/28/23 1/9/24 1/12/24 10/1/24 63Waiver 16.B.6.a Packet Pg. 279 Attachment: 24-063-WV Panther Island1 (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge) 151 North Nob Hill Road, Suite 458 Plantation, Florida 33324 Telephone 954.642.2427 888.301.1707 Fax 866.433.4057 December 16, 2023 Matthew Erb, Environmental Specialist II Florida Department of Environmental Protection 2295 Victoria Ave #364 Fort Myers, FL 33901 FDEP Section 404 Program Application No. 0435182-001 SFI Project: 16th Street NE Bridge from Golden Gate Blvd to Randall Panther Island Mitigation Bank Expansion - Letter of Credit Reservation Dear Mr. Erb: This is to confirm that Collier County Board of County Commissioners are purchasing 1.20 UMAM freshwater mitigation bank credits (0.53 herbaceous and 0.67 forested) from the Panther Island Mitigation Bank Expansion (PIMBE, US Army Corps of Engineers Permit No. SAJ-2014-01319 (PIMBE) for the project referenced above. The credits are reserved accordingly. Upon payment in full to PIMBE for the credits and the issuance of the Florida Department of Environmental Protection Section 404 permit referenced, PIMBE will authorize and request transfer of those 1.20 UMAM freshwater mitigation bank credits (0.53 herbaceous and 0.67 forested) from the Federal Credit Ledger. The 1.20 wetland credits also provide 41.76 Panther Habitat Units as mitigation for Florida panther habitat. Please do not hesitate to contact me if you have any questions or need anything further. Sincerely, Desmond Duke cc: Rob Miller, Panther Island Mitigation Bank Catie Neal, Kisinger Campo & Associates Dennis McCoy, Collier County Government 16.B.6.b Packet Pg. 280 Attachment: PIMB LOR_FDEP Section 404 App 0435182-001 (002) (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge) From:Desmond Duke To:Dennis McCoy Cc:Marlene Messam; Catie Neal Subject:Proposal from Panther Mitigation Bank Expansion Date:Thursday, November 9, 2023 7:02:23 AM Attachments:PIMB LOR_SFWMD App No 230510-38578.pdf PIMB LOR_FDEP Section 404 App 0435182-001.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning Dennis, Hope all is well. This email is to provide a proposal to Collier County for 1.18 UMAM freshwater mitigation bank credits (0.52 herbaceous and 0.66 forested) required for the 16th Street NE Bridge from Golden Gate Blvd to Randall project. The cost for the 1.18 credits is $224,200 ($190K/credit), which is the current market price for credits at Panther Island Mitigation Bank Expansion (PIMBE). The One Hundred Ninety Thousand dollars and no cents ($190,000.00) lump sum amount per Credit offered by PIMBE is a unit price per single Uniform Wetland Assessment Method (UMAM) wetland credit. At PIMBE, there is 34.80 PHU’s for each single wetland mitigation credit in the bank. The purchase of one wetland credit from PIMBE would help satisfy the obligation of Collier County to mitigate for a freshwater forested or herbaceous wetland impact for the State and Federal Permit on a given project and in addition the County would receive 34.80 PHU’s that may be used to mitigate for Florida Panther Habitat on the same project. For example: To receive the 1.18 wetland mitigation credits from PIMBE, the cost would be $224,200. With the purchase of 1.18 wetland credits, the County would also receive 41.06 PHU’s from PIMBE. The current market value per PHU is $850, which is provided at no additional cost. Corkscrew Regional Mitigation Bank (CRMB) has the same cost per wetland credit, but only has 14.20 PHU’s/credit. Therefore 1.18 wetland credits from CRMB would not provide enough PHU’s for the 16th Street NE Bridge from Golden Gate Blvd to Randall project. PIMBE has been the preferred mitigation credit solution for Collier County projects for over 20 years, as it is located within the SFWMD West Collier Basin and within Collier County. Please let me know what information is needed for a Purchase Order to be initiated for the purchase of the credits. Please let me know if you have any questions or need further information at this time. We look forward to working with you. Sincerely, Desmond 16.B.6.b Packet Pg. 281 Attachment: PIMB LOR_FDEP Section 404 App 0435182-001 (002) (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge) Desmond Duke Mobile: 239.530.8044 Email: dduke@ecoresolve.com 16.B.6.b Packet Pg. 282 Attachment: PIMB LOR_FDEP Section 404 App 0435182-001 (002) (27757 : Approval for Mitigation Credits - 16 th Street NE Bridge)