Item F03 F3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
November 8, 2023
Agenda Item Number: F3
2023-1493
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight
AGENDA ITEM WORDING: Approval of two (2) specific Right of Way(ROW) Easements to the
Florida Keys Electric Cooperative (FKEC). The easements are required for the purpose of installing
electric service for the new Emergency Operations Center(EOC)being constructed on the Marathon
Airport property.
ITEM BACKGROUND:
The new EOC being constructed on the Marathon Airport property requires new electric service from
FKEC, including underground conduits, transformer, electric meter and associated infrastructure. Two
easements are required as the EOC, and the easements, cross 2 parcels. The specific ROW easements
will allow FKEC to install and maintain its electric service equipment and is limited to that portion of
County airport property being used by the new EOC. The attached easement documents were prepared
by FKEC in consultation with the County's Attorneys Office. Upon approval by the BOCC, the
easements will be recorded with the Clerk of Court.
PREVIOUS RELEVANT BOCC ACTION:
4/19/23 Approval of Third Amendment to the Construction Manager at Risk(CMAR)
agreement
2/15/23 Approval of Task Order for Grant Administration Services with WSP USA, Inc
1/18/23 Approval of Second Amendment to the Construction Manager at Risk(CMAR)
agreement with Ajax Building Company to clarify
language in the County's Partial Release of Liens form which is required with
each pay application. No changes to the funding
are proposed.
1/18/23 Approval of a Second Amendment to the current agreement with Architects Design
Group (ADG) at a cost of $30,770.00 to
add Plan Revisions and Threshold Inspections
11/15/22 Ratification of a Task Order with Carr, Riggs & Ingram, LLC to perform pay
app reviews for EOC
11/15/22 Resolution delegating Purchasing Authority above $50k to the County Administrator
for ODP's
117
9/21/22 Approval of HMGP Grant Agreement Modification#3 with FDEM for the EOC (Phase
I)
9/21/22 Task Order with Carr, Riggs &Ingram, LLC for the EOC project
9/21/22 Approval of a Task Order with Jacobs to Provide a Resident Project
Representative(RPR) for the EOC
8/17/22 Approval of the 1st Amendment to the CMAR agreement with Ajax Building
Co. to construct the EOC in order to
adjust the guaranteed maximum price(GMP) to account for price escalation of
labor and materials.
7/20/22 Approval of a new grant agreement in the amount of $9,665,951.73 between the
County and the Florida Division
of Emergency Management (FDEM) to construct the new Emergency Operations
Center in Marathon.
1/21/22 Rescind/replace Modification#2 to the HMGP grant agreement which was revised to
reinstate and extend the agreement.
The original Modification#2 only extended the date.
12/8/21 Approval of third amendment to the pre-construction services contract with Ajax
Building Company, LLC
to add the costs of an extended pre-construction period.
12/8/21 Approval of Modification#2 to the HMGP grant agreement extending the completion
date of the grant to May 31, 2022
and increasing the grant amount by $44,581.12, for HMGP agreement#4337-66-R
with the Florida Department of Emergency
Management(FDEM)
11/3/21 Approval of CMAR agreement with Ajax Building Company, LLC for the construction
of the Emergency Operations Center.
5/19/21 Approval of a grant agreement amendment (Modification #1 to the direct
appropriation grant agreement) with the
Florida Division of Emergency Management to receive state funded appropriations
for Local Emergency Management
and Mitigation Initiatives assistance number 31.064 (Agreement Number 19-SP-10-
11-54-01-237) in the amount
of$5,900,000.00, and approval of a resolution authorizing the County Administrator to
sign all amendments, modifications,
and other necessary documents including reimbursement requests for this grant. The
original period of time was July 1, 2018 -
June 30, 2021. This amendment extends the end date to June 30, 2023.
12/9/20 Approval of Modification # 1, extending the completion date of the grant, of a
Hazard Mitigation Grant Program (HMGP)
agreement # 4337-66-R with FDEM which provides design funding, in the amount of
$916,071.21 for the Emergency Operations
Center(EOC) at the Marathon airport.
10/21/20 Approval of Second Amendment to the Agreement for Pre-Construction
Services with Ajax Building Company, LLC
in the amount of $265,591.00 for the Emergency Operations Center to add the
scope and cost of the DAV building demolition.
10/21/20 Approval of a First Amendment to the Agreement with Architects Design Group /
ADG, Inc. (ADG), in the amount of
$2,818,325.00, for design through construction administration of an Emergency
Operations Center (EOC) in Marathon.
118
5/20/20 Approval of a no cost Amendment to the Agreement for Pre-Construction
Services with Ajax Building Company, LLC
for the Emergency Operations Center to remove certain contract provisions that
were not required at the pre-construction stage.
4/15/20 BOCC approved an Agreement with Ajax Building Company, LLC to provide
Construction Manager At Risk (CMAR) services for
the Emergency Operations Center (EOC) at the Marathon Airport in the amount of
$110,000.00 through a FDOT grant.
This Agreement is for Pre-Construction Phase services.
4/15/20 Approval of Amendment No. 1 to State of Florida Department of Transportation
Public Transportation Grant Agreement
G1009 providing $4,000,000.00 in additional funding for the Non-
Aeronautical Use Building Project (Emergency
Operations Center- EOC) at the Florida Keys Marathon International Airport.
12/9/19 BOCC approved an HMGP agreement with FDEM for Phase I of a FEMA
grant in the amount of $916,071.21 to be used
for pre- construction activities for the EOC.
11/20/19 BOCC approved the recommended site location for the EOC building at the southwest
corner of the Marathon Airport.
9/18/19 Approval of a contract with Architects Design Group, Inc. (ADG) for design and
construction administration services for an
Emergency Operations Center (EOC) in Marathon; correcting contract sum
scrivener's error in Section 7.1.1 of the contract.
8/21/19 BOCC approved a revised contract with ADG which changed the name of the EOC
building to "FL Keys Marathon Airport
Non-Aeronautical Use Building" due to requirements of Monroe County's acceptance
of an FDOT grant agreement.
5/22/19 BOCC Approved award of a contract to ADG to provide design and construction
administration services for the Monroe County EOC.
3/21/19 BOCC approved staff request to negotiate with ADG a professional services
contract to provide design and construction
administration services for the Monroe County EOC.
12/19/18 BOCC approved an agreement with the Florida Department of Transportation
(Public Transportation Grant G1009) to
accept a grant in the amount of $400,000 (to be matched with $400,000 in
County funds) for the planning,permitting,
design and construction of a non- aeronautical building (EOC) to be constructed on the
SW corner of the Marathon airport property.
9/19/18 BOCC approved an agreement with the Florida State Department of Emergency
Management to accept a grant in the
amount of$5,900,000 for the design and construction of a Monroe County Emergency
Operations and Public Safety Center.
6/20/18 Approval to advertise a Request for Qualifications for professional architectural
services for a re-design through construction
administration of a new Emergency Operations Center in Marathon, in compliance with
the Code of Federal Regulations (2 CFR)
for potential Hazard Mitigation Grant Program(HMGP) funding
11/14/17 BOCC ratified a Second Amendment to the contract with ADG to develop an
updated construction estimate with
modifications to the design for a new site and slightly revised scope.
119
10/1/09 BOCC approved a First Amendment to the contract with ADG to include
information technology needs to the design.
2/18/09 BOCC approved a contract with Architects Design Group (ADG) for the design
through construction administration of a
new EOC in Marathon.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Monroe County EOC Parcel 00 1045 00-000 1 OO.pdf
Monroe County EOC Parcel 00 10 1 160-OOOOOO.pdf
FINANCIAL IMPACT:
None
120
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This document was prepared by:
Brittany Anker,Operations Administrative Assistant
Florida Keys Electric Cooperative
91630 Overseas Hwy; P. 0. Box 377
Tavernier, FL 33070-0377
FA8571739
ax Parcel No:00104500-000100
K:
_... .__...._...._ SPACE FOR RECORDING AREA
DISTRIBUTION RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned grantors, (whether one or morel
PROPERTY OWNER: MONROE COUNTY
A..I.I..IIJING RIE :, 11Q10 SAMOIN"II"OIN STIREE"Ir„SUIITE 205,KEY WIES1r„ IFL 33040
PIROINERI Y, D : '7280 OVERSEAS IHIIOII-WAY"MARATHON, IFS...33050
II..JEOAIL IDESCRIIPTiON OF PROPERTY: 1 66 32 1:11"SW 1/4 OF SW 1/4 KEY VACCA
in consideration of one dollar and other good and valuable co inside rations, the receipt of which is hereby
acknowledged, do hereby grant, bargain, selll and convey to Florida Keys Electric Cooperative Association, Inc." of
P.O. Box 377,Tavernier" Florida 33070-0377" (hereinafter calved the "Cooperative" its successors,a perpetual l G:::lectric
Utility Easement, over, under, upon and across the lands and real property situate" lying and being in the County of
Monroe„ State of Florida, moire pairticulady described as follows:
AIN EASIEMIEIN"r ON SAID LEGAL DESCRIBED PIROIPEIR"IFY:
"SIEE ExHIISIIT A"
allso" a perpetual easement over, under, upon and across alll streets" alleys, easements, and rights of way in any
subdivision or recorded pllat" which subdivision or recorded pllat includes the said property described herein. And
the right to construct, operate and maintain an electric distribution line, system or other services unrelated to
supplying electricity, on or under the above described lands; the right to inspect and make such repairs" changes,
alterations, irnprovernents" and additions to its facilities as the Cooperative may from time to time deern advisable
including" by way of example" and not by the way of Iimitation" the right to increase or decrease the number of
conduits, poles" wires, cables, (hand holes" transformers, and transformer enclosures; the right to cut, trim and
control the growth by chemical means, machinery or otherwise of trees and shrubbery that irnay 'interfere with or
threaten or endainger the operaftin anid maintenance of said (line or system; the right to (keep the easement clear of
alll buildings" structures or other obstructions except citrus trees and low.-growling shrubbery that do not otherwise
interfere with Cooperative's use of the right of way easement; the right to license, permit" or otlherwise agree to the
joint use or occupancy of the easement, system, or, if any of said system is placed underground, of the trench or
related underground facilities by any other utility, person" association" or corporation„ and the right to enter upon"
cross and use other (lands of the Grantors to provide access to the easements granted herein,
The undersigned agree that all poles" wire" and other faciilit'ies 'including any irnain service entrance equipment"
installed in, upon or under the above-descHbed lands at the Cooperative's expense" shalll remain the (property of
the Cooperative" reirrnovable at the option of the Cooperative, "The undersigned covenant that they are the owners
of the above-described lands„
Page I of
121
The GRANTEE acknowledges that this grant of easement is for property situated within the boundaries of the Florida
Keys Marathon International Airport therefore Grantee;
i) shall not permit any maintenance or construction equipment which would encroach into restricted
airspace of clear zones, approach slopes, runway and taxiway, or safety areas to enter upon or be used upon lands
of the GRANTOR without such prior approval; provided, however, that such prior approval shall not be necessary
when an emergency condition exists and immediate action by the GRANTEE is necessary to protect the public
health. When an emergency situation exists,the ingress and egress of the GRANTEE, its lessees or assigns,will be
coordinated with the airport management.
ii)shall not construct nor permit to stand above ground level on said easement any building,structure, poles
or other objects, manmade or natural, to a height in excess of Federal Aviation Regulation (FAR) Part 77 surfaces,
based upon current runways or future runways which may be constructed.
iii) when applicable,shall file a notice consistent with the requirements of FAR Part 77 (FAA Form No. 7460-
1) prior to constructing any maintenance or improvement within said easement.
At such time in the future as deemed necessary by the GRANTOR, the GRANTOR may enter and construct airport
improvements (runways, taxiways, extensions, associated lighting, etc.) upon said easement provided notice is
given to the GRANTEE at least 120 days prior to the start of construction. Should such development become
necessary,the GRANTOR agrees to pay all costs associated with the protection or relocation of GRANTEES facilities
to accommodate said airport improvements.
Page 2 of 3
122
IN WITNESS WHEREOF, the grantors have hereunto affixed their hands and seal this day
of........- , 20 .
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By: ...................... ------------------------ .. ...... _ ..._
Mayor
...... ...................- g(1) Witness Signature (1) Witness Signature
......... ........ .........
__ .._.... ....... _...........
(2) Witness Signature (2) Witness Printed Name
STATE OF:
COUNTY OF:
The foregoing instrument was acknowledged before me
By means of ❑ physical presence or ❑ online
Notarization this
(Date)
By: _..
(Name of person acknowledging)
He/she is ❑ personally known to me or ❑ has
produced
(Type of Identification)
as identification.
mmA� __ .........
Notary Signature and Stamp
ORIGINAL SIGNATURES,ORIGINAL 2 WITNESSES,AND ORIGINAL NOTARY REQUIRED
Page 3 of 3
123
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UTILITY ASBUILT 5URVEY
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This document was prepared by:
Brittany Anker, Operations Administrative Assistant
Florida Keys Electric Cooperative
91630 Overseas Hwy; P. 0. Box 377
Tavernier, FL 33070-0377
Tax Parcel No: 00101160-000000
AK: 1118273
SPACE FOR RECORDING AREA
DISTRIBUTION RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned grantors, (whether one or morel
PROPERTY OWNER: MONROE COUNTY
M„AI,,L,,,,IIN,,,,G ADDRESS: 1100 SIMONTON STREET,SUITE 205, KEY WEST,FL 33040
PRO....P..ERTY._ADDRE...S....S: 9400 OVERSEAS HIGHWAY,MARATHON, FL 33050
LEGAL DESCRIPTION OF PROPERTY: 1 66 32 KEY VACCAS PT GOV LOTS 1-3-4 AND PT E 1/2 OF SW 1/4 AND PT SW 1/4 OF
.... ..
SW 1/4
in consideration of one dollar and other good and valuable considerations, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey to Florida Keys Electric Cooperative Association, Inc., of
P.O. Box 377,Tavernier, Florida 33070-0377, hereinafter called the "Cooperative" its successors,a perpetual Electric
Utility Easement, over, under, upon and across the lands and real property situate, lying and being in the County of
Monroe, State of Florida, more particularly described as follows:
AN EASEMENT ON SAID LEGAL DESCRIBED PROPERTY:
"SEE EXHIBIT A"
also, a perpetual easement over, under, upon and across all streets, alleys, easements, and rights of way in any
subdivision or recorded plat, which subdivision or recorded plat includes the said property described herein. And
the right to construct, operate and maintain an electric distribution line, system or other services unrelated to
supplying electricity, on or under the above described lands; the right to inspect and make such repairs, changes,
alterations, improvements, and additions to its facilities as the Cooperative may from time to time deem advisable
including, by way of example, and not by the way of limitation, the right to increase or decrease the number of
conduits, poles, wires, cables, hand holes, transformers, and transformer enclosures; the right to cut, trim and
control the growth by chemical means, machinery or otherwise of trees and shrubbery that may interfere with or
threaten or endanger the operation and maintenance of said line or system; the right to keep the easement clear of
all buildings, structures or other obstructions except citrus trees and low-growing shrubbery that do not otherwise
interfere with Cooperative's use of the right of way easement; the right to license, permit, or otherwise agree to the
joint use or occupancy of the easement, system, or, if any of said system is placed underground, of the trench or
related underground facilities by any other utility, person, association, or corporation; and the right to enter upon,
cross and use other lands of the Grantors to provide access to the easements granted herein.
The undersigned agree that all poles, wire, and other facilities including any main service entrance equipment,
installed in, upon or under the above-described lands at the Cooperative's expense, shall remain the property of
the Cooperative, removable at the option of the Cooperative. The undersigned covenant that they are the owners
of the above-described lands.
Page 1 of 3
125
The GRANTEE acknowledges that this grant of easement is for property situated within the boundaries of the Florida
Keys Marathon International Airport therefore Grantee;
i) shall not permit any maintenance or construction equipment which would encroach into restricted
airspace of clear zones, approach slopes, runway and taxiway, or safety areas to enter upon or be used upon lands
of the GRANTOR without such prior approval; provided, however, that such prior approval shall not be necessary
when an emergency condition exists and immediate action by the GRANTEE is necessary to protect the public
health. When an emergency situation exists,the ingress and egress of the GRANTEE, its lessees or assigns,will be
coordinated with the airport management.
ii)shall not construct nor permit to stand above ground level on said easement any building,structure, poles
or other objects, manmade or natural, to a height in excess of Federal Aviation Regulation (FAR) Part 77 surfaces,
based upon current runways or future runways which may be constructed.
iii) when applicable, shall file a notice consistent with the requirements of FAR Part 77 (FAA Form No. 7460-
1) prior to constructing any maintenance or improvement within said easement.
At such time in the future as deemed necessary by the GRANTOR, the GRANTOR may enter and construct airport
improvements (runways, taxiways, extensions, associated lighting, etc.) upon said easement provided notice is
given to the GRANTEE at least 120 days prior to the start of construction. Should such development become
necessary,the GRANTOR agrees to pay all costs associated with the protection or relocation of GRANTEES facilities
to accommodate said airport improvements.
Page 2 of 3
126
IN WITNESS WHEREOF, the grantors have hereunto affixed their hands and seal this day
of.................. , 20
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: ....... ......... By ..
..........
as Deputy Clerk Mayor
__ ...._ _......_
...�.... — _------------ .........
(1) Witness Signature 1) Witness Signature
® _ .. ...
(2) Witness Signature (2) Witness Printed Name
STATE OF:
COUNTY OF:
The foregoing instrument was acknowledged before me
By means of ❑ physical presence or ❑ online
Notarization this
(Date)
By: .. ......... m.. _................. ......._ .........
(Name of person acknowledging)
He/she is ❑ personally known to me or ❑ has
produced ......
(Type of Identification)
as identification.
......... -------- .............................. .................
Notary Signature and Stamp
ORIGINAL SIGNATURES,ORIGINAL 2 WITNESSES,AND ORIGINAL NOTARY REQUIRED
Page 3 of 3
127
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SURVEYORS NOTES FLORIDA KEYS
LAND SURVEYING
^"n�H rKun4 iv�xr¢rw.r rw e'rt wi rur e r meHr a:i,�cK VK, �" 214600VSEA5 n WY-SUITE a M
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UTILITY ASBUILT 5URVEY
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" .......... 7260 OWER5EA5 HIGHWAY
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