Okaloosa County BOCC — April 7, 2015 — Destin Executive Airport - Air Traffic Control Tower — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 7, 2015 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Destin Executive Airport - Air Traffic Control Tower DEPARTMENT: Airport BCC DISTRICT: 5 STATEMENT OF ISSUE: 1. A Resolution Authorizing Release of Phosphate and Mineral Rights for the mitigation site 2. The Release of Phosphate and Mineral Rights 3. The Title Commitment 4. The Letter of No Encumbrance 5. The ATCT Wetland Mitigation Conservation Easement Area 6. A Unity of Title Documents 7. Closing Affidavit These actions are necessary In order to enable the United States Army Corps of Engineers (USACE)and Northwest Florida Water Management Department (NWFWMD) to issue the required wetland mitigation permits. To advance the project for timely completion, contingent upon review and subsequent approval of the above seven (7) items pertaining to wetland mitigation permit, staff requests that the Board approve Task Order No. 2 with RS&H to perform final design, bidding and construction administration services in agreement with RS&H Contract No. C15-2248-AP in the amount of $466,339.00. Following approval of Task Order No. 2, the project will be compiled, bid documents finalized and routed for internal review and advertised publicly for bid. This will be accomplished in accordance with local, state, federal and grant assurance policies, procedures and requirements. The bids will be opened, reviewed and a recommendation of award brought back to the Board for approval to award the construction contract to the selected responsive bidder. BACKGROUND: The Destin Executive Airport (DTS), Air Traffic Control Tower (ATCT) project is in the final phase of administrative regulatory approvals. The design and permitting of the project included preparation and submittal of permit applications and plan reviews to the Federal Aviation Administration (FAA), Florida Department of Transportation (FDOT), The City of Destin, Florida Department of Environmental Protection, Northwest Florida Water Management District (NWFWMD) and the United States Army Corps of Engineers (USACE) for construction approval. The permitting for the project required on-airport wetland mitigation acceptable to NWFWMD, USACE and FAA. Additionally, the USACE has requested a Title Commitment and a Letter of No Encumbrances from Okaloosa County for the proposed Conservation Easement Area. The BCC is requested to approve submission of these documents to USACE and NWFWMD. The proposed ATCT and site work impacts 1.21 acres of wetlands within the DTS airport property boundary. The County opted to mitigate on-site in the area adjacent to the proposed project area. The Department of Airports and the County’s consultant have negotiated with the USACE and NWFWMD on mitigation area. The final mitigation area is 44.83 acres to be set aside as a conservation easement and which is acceptable to the agencies and includes both wetland and upland areas. Previous Board action in support of the FAA Contract Air Traffic Control Tower: November 7, 2006: Board approved FDOT JPA $400,000 for the ATCT March 6, 2010: Board approved the FAA Tower Operating Agreement October 16, 2012: Board approved Task Order 8 with RS&H to prepare Environmental Assessment December 4, 2012: Board approved FDOT SJPA for ATCT funding March 19, 2013: Board update as to legislative trip - potential closure of 180 FAA Contract ATCT September 17, 2013: Board approved Task Order 13 with RS&H to design & bid the ATCT February 4, 2014: Board approved FDOT JPA for ATCT design & construction July 7, 2014: Board approved FDOT SJPA for ATCT design August 19, 2014: Board approved FAA AIP ATCT grant October 7, 2014: Board approved rejection of all ATCT bids and re-bid following additional design 1. Resolution Authorizing Release of Phosphate and Mineral Rights To be acceptable as mitigation area, the land to be placed under a conservation easement must not be subject to any future activities, including mining, that could compromise its ecological integrity. In order to sign such a release, the Board must adopt a resolution authorizing the Chairman to sign such a release. 2. Release of Phosphate and Mineral Rights This is the follow up action to the adoption of the resolution in 1. above. Releasing the phosphate and mineral rights will enable the Army Corps and Water Management District to accept the area as mitigation. 3. Title Commitment To ensure that the County will be willing to defend its title to the subject property, the Army Corps of Engineers requires a Title Commitment in the amount of the value of the property. The County Attorney must be authorized by the Board to execute the Title Commitment. 4. Letter of No Encumbrances As part of the Army Corps of Engineers’ permitting process, the County must provide written verification that there are no encumbrances (for example utility easements) on the property that could compromise its value as a conservation area. The County Engineer and Surveyor, as well as the company retained to perform the appraisal for the Title  Commitment, have reviewed the subject property and found no such encumbrances. The County Administrator must be authorized by the Board to sign the letter. 5. ATCT Deed of Conservation Easement Document The proposed ATCT and site work impacts 1.21 acres of wetlands. The County opted to mitigate on-site in the area adjacent to the proposed project area. The Department of Airports and the County’s consultant have negotiated with the USACE and NWFWMD on mitigation area. The final mitigation area is 44.83 acres which is acceptable to the agencies and includes both wetland and upland areas. The BCC is requested to approve the Conservation Easement with NWFWMD. It should be noted that the Deed of Conservation Easement is presented in the standard form approved by both the USACE and NWFWMD. 6. Unity of Title Documents The proposed sanitary system crosses a boundary between Parcel #00-2S-22-0000-0001- 0540 and Parcel ##00-2S-22-0000-0007-0000. In accordance with Florida Health Department requirements that the septic system cross a parcel line and must meet the required 5 foot setback to parcel (property) lines. To accommodate this requirement, the BCC is requested to execute the Unity of Title between Parcel #1 (0.50 acres) and Parcel #2 (0.40 acres) to ensure the entire sanitary septic system is maintained together under ownership of one party. 7. Closing Affidavit Document The Affidavit is given for the purpose of clearing any possible question or objection to the title to the Property, and for the purpose of inducing Nabors, Giblin and Nickerson, P.A. (“Title Insurance Agent”) and Old Republic National Title Insurance Company ("Title Insurer"), to issue title insurance on the Property, with the knowledge that the Title Insurance Agent and the Title Insurer are relying on the statements set forth herein. RS&H Task Order No. 2 The BCC is requested to approve RS&H’s Task Order 2 in the amount to $466,339.00, which includes supplemental permitting, final design, bidding and award services, construction administration, resident project representation, quality assurance material testing and survey, and special inspections. Task Order No. 2 shall be in accordance with the terms and conditions of the Agreement for Professional Architectural, Engineering, and Aviation Planning Services Contract No.: C09-1737-AP, dated December 5, 2014. The aforementioned project documents have been reviewed and approved by the FAA and FDOT. Funding is provided by the following sources: FAA $ 2,000,000, FDOT $3,083,674 and Local Match $283,057. The construction schedule is estimated at twelve (12) months. Upon construction completion, tower certification and commissioning, the ATCT will be manned under the FAA Contract Tower Program. OPTIONS: Approve, Reject, or Table RECOMMENDATIONS: The Airport Department staff recommends the Board approve and authorize the Chairman to execute the following seven (7) documents to obtain permits to enable the construction of the Destin Executive Airport Air Traffic Control Tower: 1. Approve and authorize the Chairman to sign the Resolution Authorizing Release of Phosphate and Mineral Rights 2. Approve and authorize the Chairman to sign the Release of Phosphate and Mineral Rights 3. Approve and authorize the County Attorney to sign the Title Commitment 4. Approve and authorize the County Administrator to sign the Letter of No Encumbrances 5. Approve and authorize the Chairman to execute the Deed of Conservation Easement 6. Approve and authorize the Chairman to execute the Unity of Title Documents 7. Approve and authorize the Chairman to execute the Closing Affidavit Document The Airport Department staff recommends the Board approve and authorize the Chairman to sign RS&H Task Order No. 2 in the amount of $466,339.00. ATTACHED REFERENCES: Deed of Conservation Easement Document Title Commitment, Letter of No Encumbrances Unity of Title for Septic tank/Drain field property Closing Affidavit RS&H Task Order No. 2 FAA and FDOT Approval RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator