SUBJECT
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Approve First Amendment and Ratification to the Hatchineha Ranch Mitigation Bank Credit Purchase and Deposit Agreement with The Nature Conservancy to extend the payment date to February 7, 2025. All other terms and conditions of the Agreement will remain unchanged and in full force and effect. (No fiscal impact)
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DESCRIPTION
On August 06, 2019, the Board Approved Consulting Service Agreement 19-036 (the “Agreement”) with AECOM Technical Services, Inc. (the “Consultant”) to provide professional engineering services in connection with the Marigold Avenue Widening Project including developing and evaluating alternative roadway design and alignment, recommending a preferred alignment, and preparing preliminary roadway plans for the widening in the amount of $1,335,165.00.
On April 20, 2021, the Board approved Amendment #1 to Agreement 19-036 with the Consultant to provide continuing professional services for permitting, final design, bidding support, post design services, and the community awareness services for Marigold Avenue Widening Project from the south side of Palmetto Street to CR 580 in the amount of $2,730,039.00 bringing the new not-to-exceed amount of the Agreement to $4,065,204.00.
During the environmental permitting coordination process with the South Florida Water Management District (SFWMD), it has been determined that the County is required to mitigate for impacts to wetlands within the project limits. The Agreement with The Nature Conservancy is to purchase 3.47 State Only Forested UMAM credits which will satisfy the terms and conditions of the SFWMD permit.
The Agreement was approved by the Board on September 3, 2024, and fully executed by The Nature Conservancy on September 19, 2024. Section 2 of the Agreement stated that on or before October 2, 2024 (the “Payment Date”), a payment in the amount of $433,750.00 shall be delivered to The Nature Conservancy to allow the Hatchineha Ranch Mitigation Bank to transfer the 3.47 State Only Forested UMAM credits for the proposed Marigold Avenue Widening Project to satisfy the terms and conditions of the SFWMD permit. The payment in the amount of $433,750.00 was issued and mailed to The Nature Conservancy on October 25, 2024. The payment was received by The Nature Conservancy on November 4, 2024. Because the payment was delivered after October 2, 2024 (the “Payment Date”), Amendment #1 to the Agreement is require to extend the “Payment Date” to February 7, 2025.
RECOMMENDATION
Request the Board to approve and execute the First Amendment and Ratification to the Mitigation Bank Credit Purchase and Deposit Agreement with The Nature Conservancy to extend the payment date to February 7, 2025.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
William G. Lorenzo, P.E.
Project Manager
Roads & Drainage / Project Management Section
(863) 535-2286
williamlorenzo@polk-county.net
Jay M. Jarvis, P.E.
Roads & Drainage Division Director
(863) 535-2200