BROWARD COUNTY ADMINISTRATION AND THE TRANSPORTATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
This item is in furtherance of the Board's Value of "[C]ooperatively delivering an efficient and accessible regional intermodal transportation system" and the attendant Goal to, "[I]mplement the Wave Streetcar project while seeking local, state, federal funding and public support for rail projects that connect to existing rail corridors, balancing ridership with community redevelopment demands." The Florida Department of Transportation (FDOT), District 4 was originally slated to receive additional funds for the Wave Streetcar Project (Project) within the state's Work Program beginning July 1, 2016; however, the funding was not programmed in the State's 2017 Fiscal Year. As a result, milestone dates within the previously-approved Project agreement have been amended to reflect the current project schedule.
Additionally, on June 6, 2017, FDOT was notified in writing by the Federal Transportation Administration (FTA) that federal funding approvals for the Project were completed, allowing the FTA to begin the process of negotiating the Full Funding Grant Agreement (FFGA) with FDOT, District 4. FDOT, as the new Project sponsor, is required to have all local funding and partnership agreements in place prior to negotiating the FFGA. Furthermore, FDOT is scheduled to open the bid packets from the four submitters and let the Design-Build contract on August 2, 2017 in order to keep to the current, approved Project schedule.
The Project's Phase 1, consists of a 2.8-mile circulator from the northernmost "loop" (along N.E. 6th Street) to the terminus at the Vehicle Maintenance Service Facility, just south of S.W. 17th Street. Phase 1 will include 13 stations and modern streetcar vehicles operating in a mixed-traffic environment for which the County will remain the ultimate owner and operator (just as we are under the current Wave Partnership Agreement, dated April 16, 2013). The alignment and scope remain consistent, including the County's requested safety and communication elements.
The Project's risk-loaded cost estimate is $195.3 or $22.6M above the original estimate, the local share of which remains $11,270,685. The allocations of responsibility for the near-term funding gap are consistent with the terms previously-agreed upon by the Board (May 24, 2016, Item No. 57) in Sections 4.1(a), (b), 4.2(a), (b). New elements of the Agreement relate to the allocation of responsibility for utility relocation issues, which may occur on county-owned property/streets and are subject to various county utility agreements. FDOT and FTA have taken the position that because County and City of Fort Lauderdale (City) agreements exist with utility owners that would control how utility relocation costs are paid, those same costs cannot be treated as project costs (see Section 1.01(19)). The County has long held the position that its permits, franchise agreements, and Florida Statutes require utility owners to move at their full and sole expense, and the utilities on County property affected by the Project have agreed to relocate. As such, the County does not believe it currently has a financial risk associated with utility relocation costs. Should State Statute be amended, financial responsibility could be shifted.
Under the terms of the Wave Project Agreement, the County agreed to enter into various Memoranda of Agreement related to Project operations on County and FDOT property and a SIB Loan Agreement to secure payment to FDOT of the local share (costs to be paid by the County, the City of Fort Lauderdale (City), and the Downtown Development Authority (DDA)) of any potential cost overruns related to the Project. The County has the option to directly pay cost overruns or allow FDOT to draw funds from the SIB Loan.
The Agreements have been the subject of several rounds of negotiations between FDOT, the County, SFRTA, Downtown Development Authority (DDA), and the City (most recently in May 2016) to facilitate collaborative communication amongst the partners regarding Project financial responsibilities. County-requested changes and comments have been incorporated in the version of the Agreements attached, which have been reviewed and approved as to form by the Office of the County Attorney.
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